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Rhubarb really needs legal boffins here - tenancy dispute!

15 replies

Rhubarb · 09/10/2008 14:17

When we left our previous property we spent days, literally, in making it as clean as a whistle so we could get our deposit back.

We left in the middle of the month, but paid until the end. Because the new renters were moving in straight away we were told we would be refunded the overpayment.

We got our deposit back about a week later but heard nothing about the overpayment.

We moved out on the 18th August and have been ringing since to find out why they have not paid our rent back.

On Tuesday dh finally got through to the guy who did the inspection. He said that he hadn't realised we were the first tenants in there and would not have given us our deposit back if he knew. He says the carpet in the living room is dirty and has burn marks. We admit to that, it was a cream carpet (one of those cheap ones) and we've 2 kids and lived there for over 2 years. But he also says that we took all the lightbulbs, which we most certainly did not!

He is now saying that we will not get the rent overpayment back because the landlady has to recarpet.

Now is this legal? Because he has already signed off the deposit, so the rent overpayment has nothing to do with the deposit right?

I'm hopping mad because everything in that house, EVERYTHING had been scrubbed and polished. That house shone. The carpet was dirty, not hugely, but from general wear and tear and yes the burns were due to the fire spitting.

We are also saying that ever since we moved in, the house suffered badly from damp. We reported this, dd and I both suffered chest complaints which can be proved in GP's records. The landlords failed to do anything about that which is actually against the terms of the contract.

I'm wondering what our next move should be.

OP posts:
Rhubarb · 09/10/2008 14:32

Anyone have any advice to give a wilting fruit?

OP posts:
ladyconstancekeeble · 09/10/2008 14:38

They can't charge for a whole new carpet as they should take into consideration 2 years of 'fair wear and tear'.
How much notice did you give and do you have in writing that the landlord agreed to refund the last 2 weeks rent. You have to pay up to your notice period so if that was the end of the month then I don't think there is much you can do about it.

I suggest you try www.landlordzone.co.uk/forums/

Rhubarb · 09/10/2008 14:38

Nobody loves meeeeeeeeeeee
Everybody hates meeeeeeeeee
I'm going into the garden to eat worms.....

OP posts:
Rhubarb · 09/10/2008 14:39

Ah! Sorry!

Well no we didn't get it in writing sadly. However the new tenants moved in the day after we moved out and we had a verbal agreement that because of this, they would pay us our 2 weeks overpayment back.

We gave them about 7 weeks notice when we were leaving.

OP posts:
ladyconstancekeeble · 09/10/2008 14:40

Cheek! I'm no-one [sob]

Rhubarb · 09/10/2008 14:43

I luuuuuuurve you!

OP posts:
ladyconstancekeeble · 09/10/2008 14:51

If you signed a tenancy agreement after april 2007 then they are legally obliged to protect your deposit ie. if there is a dispute, the landlord can't just take all the money. If they don't register the deposit then you can sue them for 3x the deposit value. Its not ok to give back deposit and withhold overpaid rent with no chance to defend yourself, but if your notice period ran until the end of the month then they are not legally obliged to give you a refund anyway. Notice periods usually run from a rent day.

SuperPsychoFabioSaver · 09/10/2008 15:24

no advice, but bumpng for you

Rhubarb · 09/10/2008 16:08

True ladyconstance, but we gave them 7 weeks notice and used the clause in our contract that said it was up to the landlord's discretion if we wanted to end our contract on another day. We had a verbal agreement that because the new renters were moving in on the 18th and would start their payments then, and we had paid up to the end of the month, that they would refund the overpayment.

I have names!

They gave our deposit back, so surely they cannot withhold rent as a deposit?

OP posts:
TheBlonde · 09/10/2008 16:36

do you have anything in writing regarding the date you agreed to move out?

Rhubarb · 09/10/2008 16:37

I saved my letter sent to them, yes.

OP posts:
TheBlonde · 09/10/2008 16:42

Anything from them acknowledging when your tenancy would end?

Rhubarb · 09/10/2008 16:43

'Fraid not, just verbal agreements. I'm trying to get them to admit to the arrangement by email.

OP posts:
mammyofET · 09/10/2008 17:00

Rhubarb, A verbal agreement is still an agreement and can be enforced. If the new tenant's moved in on 18th and the landlord was accepting rent from the new tenant's then imo a court would believe that this was agreed between the parties. It would be difficult to see why you would pay rent but move out early!

What the Landlord is trying to do is 'off-set your overpayment against what he should've tried to claim against the rent deposit. Unless the agreement says that the Landlord can do this then he cannot off set one amount against another UNLESS your tenancy agreement says otherswise - look for a section on right of set-off'. But, even if there is a right of set off then it still has to be proven that the amount the Landlord is taking from you is fair and reasonable under the terms of the agreement.

Your next step is a letter before action before taking the Landlord to the small claims court for the return of the overpayment (I think the limit is £5k now but check). If you do issue proceedings then it is likely that the Landlord will counterclaim for loss of the rent deposit.

Your risk of taking this to court is your payment of the issue fee, but if you succeed then you can ask for this to be paid by the landlord. Costs incurred by either party are generally not awarded in the small claims court.

Whether or not you decide to take it to court, it is worth sending a letter before action - (search the web or CAB for examples) - advising the Landlord that you intend to seek to recover the overpayment. If the letter does the trick you may receive something back, if not, you will need to consider whether you want to take it through the courts.

Sorry for the ramble and the grammar - I am in the middle of making dinner but these kind of disputes get to me as a Landlord did a similar thing to me once. We reached a compromise and I got half of my deposit back and didn't have to take it through the small claims court.

Good Luck.

stleger · 09/10/2008 17:16

If you paid rent by standing order you could claim that you paid the full amount because you didn't know the exact date of the moves. Would a small claims court think it odd to have two lots of rent for the same premises?

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