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Original poster

Help me get my deposit back

46 replies

nikkim · 03/11/2004 16:44

I rented a house last year while I got myself back together and when i took it over it was the pits. Holes in the walls and patchy green paintwork in the hall . I was also burgled due to the fact I didn't have a proper back door with a faulty cat flap in it and a dodgy back fence. I was also hospitalised after seriously burning myself in the faulty shower and the dining room was out of action for months after a leak.

I did lots of jobs around the house as the landlord was useless as well as decorating. My one failing was I left a burn mark on the carpet in the hall when I dropped a casserole dish. the landlord has deducted £400 from a £520 deposit for recarpetting ( the carpets there were the cheapest thinnest ones you could imagine_ and redecorating, I was encouraged by the letting agents to redecorate. I photographed the house before siging the inventory on the advice from my mum.

Does anyone know if I stand any chance of getting more of my deposit back, and how would I go about doing this. I have already phoned the letting agent to complain and to demand that the landlord phone me at home.

OP posts:

hercules · 03/11/2004 17:13

You need to ask to see the invoice or estimate.

JJ · 03/11/2004 17:14

nikkim, we had horrible problems with our landlord when we left our prev UK house. Ask to see detailed invoices of the work done and look into small claims court. I did that, although it ended up being seen by my husband's companies lawyers (it was a company let). Anyway, small claims court seemed do-able, though and there is a thread somewhere that gives details.

Anyway, just wanted you to know that ours was out to screw us as he thought he could (he thought the company would pay for it!). I'll go look for the small claims court thread I found useful.

Original poster

nikkim · 03/11/2004 17:14

I don't have written evidence that iw as encouraged to redecorate, just the photgraphs of the original rooms complete with ripped wallpaper and holes in the wall which landlord saw as fit for living in. Anyone with any pride in there home would have redecorated,

OP posts:

JJ · 03/11/2004 17:14

argh, "company's" not "companies".

arggghgghhghg

hercules · 03/11/2004 17:16

Did you see the place before signing the agreement? Did he promise he would redecorate and make it liveable?

JJ · 03/11/2004 17:20

I think this might be the thread I'm thinking of... it gives some info on what happens in small claims court.

Unfortunately, I don't think the redecorating will help, unless he promised to do it. Have you checked to make sure that the carpet has been installed? Ours tried to bill us for things that weren't done. If it hasn't, get three estimates of your own and offer that. Otherwise, use your photos to get estimates to see if his is in line.

Original poster

nikkim · 03/11/2004 17:38

I did see the place and we took it because we were desperate, i was homeless with a toddler. I commented on the decoration and the letting agent said feel free to decorate and moderise, the letting agent event commented when she checked the house at the 6 month review that we had improved the house. I decorated myself and do not wnt to be reimbursed for the money I spent but I do not expect to have most of my deposit taken away considering the work and money I put into the house.

OP posts:

winnie1 · 03/11/2004 17:44

In the case of a dispute about the amount withheld by the landlord of a deposit, a tenant can take legal action in the county court. You will need to consult the local county court to check the procedure.
Plus look at your tenancy agreement. A clause in the tenancy agreement covering the deposit may be challengeable because it is unfair, for example, a clause which does not allow for fair wear and tear.

Freckle · 03/11/2004 17:47

Your best bet would be to negotiate with the landlord. You might be able to get the letting agent onside, but don't bank on it.

I would send a letter with copies of the photographs showing the state of the house when you moved in. Demand copies of any and all invoices for which he is retaining your money. Give details of your injury and indicate that, if he isn't prepared to settle amicably, then you will be issuing proceedings in the County Court (don't say small claims) for return of your deposit and for personal injury.

Send the letter by recorded delivery (or hand deliver it if you think he'll refuse to sign) and give him 14 days to respond.

You should then be prepared to issue proceedings. You can do this in person - you don't have to have a solicitor. The county court staff will help you with forms and procedure.

Aero · 03/11/2004 18:18

Freckle.

Original poster

nikkim · 03/11/2004 18:23

I thought I may have had more luck with the letting agent as they have a repuation to protect and should perhaps act in a more proffessional manner than a private landlord. thanks for the advice

OP posts:

SoupDragon · 03/11/2004 18:48

I don't see how he can retain any of your deposit for redecorating considering the state of the house when you took it on. The recarpetting is a different matter and perfectly acceptable, apart from the issue of the cost.

Original poster

nikkim · 05/11/2004 11:45

Went to see the letting agent yesterday who has admitted they were shocked that the landlord has billed me £360 for carpetting and found it unbelievable that he charged me for any redecorating.

Apparantly the landlords have had a lot of problems with tenants not paying rent and trashing properties and I have born the backlash, But the letting agents ahve advised me to put my complaints in writing along with quotes for carpetting and they will back me.

OP posts:

WigandRobe · 19/11/2004 12:42

Message deleted

krisked · 23/11/2004 14:12

This is my experience of rented accomodation....

I rented a property from a landlord through a letting agents.. An inventory was signed and we took pictures. We were there for 6 months and decided to move from the property when the contract ran out we handed the keys back and thought it was finished. Three weeks later we received letters from the letting agents claiming we owed them £2500 pounds in damages and cleaning and all sorts. There was all sorts on the breakdown...They had added a lawnmower on the computerised inventory in pen. Said we hadn't taken the keys back and they had to change the locks etc...Anyway i argued this and they took me to court. I went to court and we all sat across the table from one another with a judge. The Judge asked him to provide receipts for the cleaning company, lock smiths etc etc he didn't have anything on him. His only defence was to say that I was supposed to move out of the property in April. At the end of April he had visited the property and I had seemed to of vacated the property. However 3 days later he went back and the taps were on which gave him the impression i was still going back there (Come on i had a new house and a child) This was his only defence, at the time of giving the keys back, i did not consider getting a receipt. The agents never offered, i never asked. It was based on this and his little story that i was made to pay another months rent, plus i did not have a copy of the inventory and so could not prove that i had not signed the inventory without the lawnmower. I was also made to pay court cost. The rest £2000 was thrown out. I was surprised to see that it gave me a CCJ.
I was convinced I would win the case as i had acted lawfully but without that little bit of proof the judge obviously decided to believe the tap story!!!!

krisked · 23/11/2004 14:14

Sorry, the point is, only fight it if it is worth it...

WigandRobe · 23/11/2004 19:40

Message deleted

krisked · 24/11/2004 12:55

I agree the judge was probably just a nutter but those were his words....He said he found it hard to believe that anyone returning keys regarding property would not ask for a receipt and so he can only assume i did not return them...i was so upset i felt so small!!

WigandRobe · 24/11/2004 19:19

Message deleted

krisked · 25/11/2004 12:56

Yes....he, the landlord said that because he found the taps on when he went back... that suggested i had re-entered the property, i kid you not. That and me not having the receipt was the only reason he decided i had to pay....The landlord had admitted going to the property at the end of April when i had left and the place seemed vacant. He said he had to change the locks but he couldn't provide receipts but the judge said that he thought that anybody would be entitled to change the locks. The other thing i had to pay for was the lawnmower which was written onto a computerised itinery. I know they wrote it on there but the judge said there was no doubt in his mind that i signed the itinery with it on there. i also had to pay court costs and so in total paid

The landlord had withheld my deposit of £700 and so in total i had to pay an additional £711 plus £80 court costs and i got awarded a CCJ. so total of £1,491

Bear in mind that the reason i moved out in the first place was because the landlord had failed to fix the boiler and we were having problems with water and sewage. I provided the court with proof of conversations and claimed the landlord was in breach of his contract anyway.

this happened in Feb last year would i still be able to complain?????

WigandRobe · 25/11/2004 13:41

Message deleted

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