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Landlord/Agent witholding Deposit

Guys - appreciate some advice,

Recently moved out of a flat which was terrible, the toilet was plumbed to the hot water, the bathroom wasn't plumbed into anything and flooded two rooms and the flat below us the first time we used it, the handles kept falling off the door resulting in us unable to get out of the flat one evening.

We stuck it out for six months as the estate agent were trying to help and things did get fixed.

All through the tenancy I wrote to the estate agent with everything that was wrong. One of the items was that the shower did not work, to which they sent a plumber round who installed a new shower and head. The problem was that the shower head was virtually 180 degrees to the wall which meant that when you had a shower water literally went everywhere. This has resulted with mould building up on the windowsill (Which is just the brickwork) and when we tried to clean the paint has just come off - there wasn't even any foundation coat of paint let alone waterproof paint. As I say I pointed this out in writing to the estate agent to come fix but they never fixed that particular problem.

Anyway the estate agent and landlord are withholding my deposit while they take this up with the developer of the flat, but this has been ages. But what has this to do with me and can I demand my deposit back?

Comments

  • Generali
    Generali Posts: 36,411 Forumite
    10,000 Posts Combo Breaker
    Yes you can. Write to the LL and tell him you want your deposit back. Then write again saying you'll sue in 7 days. Then lodge a claim with the Small Claims Court. Then he'll give you your money. The CAB are brilliant at helping with this stuff.
  • Melissa177
    Melissa177 Posts: 1,727 Forumite
    Agree - tell the LL and agent they have no right to hold yuur deposit. Put it in writing, and state that if you do not have the deposit back by, say, noon on Friday, you will be issuing a small claims court notice immediately.

    Keep everything in writing, and when you do have a phone call, put it in a diary, or confirm details of the convo in a fax/email.
    Errors of opinion may be tolerated where reason is left free to combat it. - Jefferson
  • Sagar_Fuzz
    Sagar_Fuzz Posts: 86 Forumite
    I agree - our agent also tries to fob us off with 'taking it up with the property developer' - this is nothing to do with you, it is their problem not yours. Our agent has also tried telling us the landlord is suing the last owner of the property and won't pay us until this is sorted out - again, not our problem. I am not sure why some Landlords think they are aobve the law because they own property and you don't - you are paying for a service, not just depositing money in their pockets! Be firm, be clear, put it in writing, then follow through in taking them to court. Good luck.
  • Melissa177
    Melissa177 Posts: 1,727 Forumite
    Say "my contract is with you, your contract with the property developer is serparate to our agreement, and bears no relation to me getting my full deposit back. Cheque please, pronto!"
    Errors of opinion may be tolerated where reason is left free to combat it. - Jefferson
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