Advice needed re: return of rental deposit

tylerdurden_167 · 4 May 2008 at 7:49PM

Hi,
I was hoping someone could answer a quick couple of queries I have...

I moved from a property in Feb after living there for 3 years. The lettings agent/landlord had an independent Inventory report done which among other minor details I won't go into found a bathroom window was broken on the outside and told me that once they recieved estimates etc would be in touch to sort out the return of my deposit.

I genuinely had no idea that the window was broken (I went back round to double check and it was broken) as the crack was on the outside and could not be seen from inside through the frosted glass. I told the lettings agent this and I requested a copy of the Inventory that was done in 2005 prior to me moving in.

2 months later I had heard nothing so got back in touch and have basically found out (after lots of stalling on their part) that there was NO inventory done before I moved in. Does this mean they have no grounds to prove the window was not broken before I moved in and cannot hold me responsible? I did not break the window and would have paid for it had I been responsible.

Also, having read some points in other posts here, should I be covered in any way by the Deposit Protection Scheme even though I handed the deposit over in 2005? Should my deposit have been transferred into this scheme or have I misunderstood some other posts on here?

tbs624 · 4 May 2008 at 10:17PM

Generally, if a Tenant or visitor/friend of the Tenant breaks glass then s/he would be expected to replace it. Otherwise it's the responsibility of the LL (part of his /her repairing obligations) and he should claim for its repair/replacement under his insurance policy. However, where there is no signed inventory from the start of the Tenancy then they'd struggle to pursue this one, even if you had broken it.

If your Tenancy Agreement began in 2005 and went on to a Periodic after expiry of the Fixed Term, then no, your deposit did not need to have been registered under one of the schemes. If, however, you were asked to sign a new AST at any point after April 6 2007 then it should have been.

paintpot · 4 May 2008 at 10:26PM

TNH has covered it in a nutshell :T No inventory makes it very hard for a landlord to pursue a claim for damage. However, as your deposit was not protected, and it would appear did not need to be protected, you may have a difficult time ahead getting your deposit back. However, if there is no inventory then I would point this out to the agent/landlord you are dealing with, but don't go in there all guns blazing, explain as you have on here. IF they are persistent in witholding your deposit then you could pursue the matter further through the county courts but try and resolve it amicably first.

tbs624 wrote: »

Generally, if a Tenant or visitor/friend of the Tenant breaks glass then s/he would be expected to replace it. Otherwise it's the responsibility of the LL (part of his /her repairing obligations) and he should claim for its repair/replacement under his insurance policy. However, where there is no signed inventory from the start of the Tenancy then they'd struggle to pursue this one, even if you had broken it. Edit, anything you do say, I would suggest you keep an accurate record of and back up in writing, keeping a copy for yourself in case it does become a legal matter.

If your Tenancy Agreement began in 2005 and went on to a Periodic after expiry of the Fixed Term, then no, your deposit did not need to have been registered under one of the schemes. If, however, you were asked to sign a new AST at any point after April 6 2007 then it should have been.

tylerdurden_167 · 5 May 2008 at 6:21AM

Thanks for your responses so far.

I am quite willing to pursue this to the courts if necessary. The conduct of the LL and lettings agent has been appalling so far, they didnt respond for 2 months after I requested the inventory from 2005, then said they'd send it, then a week later admitted that there was no inventory. They also claimed that I was responsible for a burn in the carpet, then backed down after I (truthfully) told them this was there when I moved in and I had photos to prove it. They them admitted in writing that they were 'unsure of the condition of the carpets before I moved in' yet they still tried to charge me.

They claimed that the reason they had not been in touch for 2 months was that they were waiting for the invoice for the window (I cannot believe a window company would not invoice them in this time) and have also claimed I left the garden in a bad way even after I have shown them photos which clearly prove otherwise.

Has anyone here succesfully taken a LL to court and can give me any advice? I have all my correspondence with them in writing and believe that the fact they told me they'd send me an inventory report which didn't exist, tried to charge me for a burn that they later admitted they were unsure about, didnt contact me for 2 months and I have photos showing the before and after states of the garden all adds up to quite a strong case. Does anyone think I have a good argument that would hold up in court?

Is there anything else/other advice before I make this step? I am waiting for a response from them at the moment but if this response is not to offer me my full deposit back them I am quite willing to go to court.

hollydays · 5 May 2008 at 6:27AM

I suspect threatening to take them to court,unless you get your money back,within a specified period,would do the trick.Put it in writing,ask for a reply within a timeframe.

tylerdurden_167 · 5 May 2008 at 6:43AM

I gave them a letter on Saturday (hand delivered to prevent it being 'lost in the post'), asking for them to reply within 7 days with a full explanantion of the reasons for not responding within 2 months, a full list of all receipts for all work the LL alleges has been needed and for explanations on why they tried to charge me for the carpet burn when they admitted that they were unsure of the conditions of the carpet.

I will await their response but after that will write and tell them that I will take court action. I have already mentioned on the phone that I would take the matter further if necessary but I'm sure they get that a lot from people and I imagine that once court papers are filed (or however it works, I'm unsure) they will see I'm serious.

tbs624 · 5 May 2008 at 11:27AM

It probably would have been better for your first letter to have simply asked for your deposit back in full, unless you think there are some deductions that you’d should pay. However, if he doesn't cough up in full, your next letter should say something along the lines of :

Re: Property address…….Tenancy dates…………

either:
I wrote to you on …….and have not yet received a reply, so am repeating my request that you return my deposit
or
Thank you for your reply to my letter. I do not agree with your decision to only return £ of the full amount of £…………/withhold all of my deposit.
My reasons are that…………………………………………………………………………………………………………………………………………..

I am requesting again that you return my deposit in full OR the balance of ……. to me. I look forward to receiving your reply, and cheque, with the next 10 working days. If I haven’t received your reply and cheque by this date I shall seek recovery through the small claims court.

If that doesn’t get you a result you write at third one headed “Letter before Action” enclosing your Form N1 from the County Court
See here for info: http://www.hmcourts-service.gov.uk/courtfinder/forms/ex302_e0907.pdf Good luck.

hollydays · 5 May 2008 at 2:04PM

Don't forget to send them recorded delivery.

Advice needed re: return of rental deposit

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