Landlord witholding deposit

foxxymynx

It wasn't a protected one, - they never renewed the contract, just had it as a rolling contract. I know that it could cause some problems, but I'm not prepared to give him bank statements (I pay things by card or direct debit most of the time) and bills - enough info for him to commit ID fraud with that.

I sent him the link to the shelter website and he's still trying it, so going to CAB tomorrow.

Alleycat

I would suggest first writing to the landlord advising them that you expect your deposit to be returned within 7 or 14 days in full. That the deposit is held against financial loss to the landlord and that non payment of utilities held in your name does not constitute financial loss. That if you do not receive your deposit back within this timescale you will be seeking legal advice and issuing a Notice Before Action.

If your landlord does not comply with the above, then you should issue a Notice Before Action. This will state the above and that if the deposit is not returned in full within (again) either 7 or 14 days you will be issuing proceedings via the small claims court for the return of your full deposit and interest (sorry can't remember what apr you can charge but bet its somewhere on the web. Def on the moneyclaim website).

If the landlord does not comply to this final letter, then you can apply via the moneyclaim website to the small claims court for the return of your deposit. It is quite a simple procedure and whilst you will have to pay a fee, you can request that the defendant pay costs.

**The timescales I have given depend on how generous you feel!

foxxymynx

Got an email this morning and now he's trying to withhold most of it for wear and tear (ie, scuff marks on the walls that we weren't allowed to touch up - he said that we weren't allowed to decorate etc etc when we took the tenanncy) some of the things are from before we were there, like paint that has peeled in the bathroom and moss in the yard (hubby and I are both disabled and had trouble accessing the yard anyway as there were steps)...and says that the cooker is "heavily soiled" - it took him 6 months to replace the filthy broken one that was there when we moved in. They sent a photo and with it being a stainless steel cooker there is smudge marks that you can see on the photo from cleaning it, but not dirt. I hold my hands up and say that the flat wasn't cleaned professionally but was reasonably clean and expected him to take off £50 for cleaning and the bedroom carpet needs cleaning (which I expected him to take off too). Everything else is problems with the flat that he knew about (damp...) and chipped paint - again we weren't allowed to touch it up. The place hasn't been decorated since before the previous tenants, so that's 5 years.

I tried going to CAB but they were closed so I'm going again obviously when they're open.

If I have to take the argument to court, will CAB help me, or will I have to get my own solicitor? I'm on benefits.

clutton_2

do you have an inventory signed by you and the LL when you first moved in ?

foxxymynx

nope, there was one that he put in, but the agent didn't look at it and it was never signed by anyone

clutton_2

if there is no signed inventory - signed by both you and him/LA.LL whoever - there cannot be any deductions from your deposit as there is no proof of the condition of the property when you moved in

i would go and see your private tenancy relations officer at yoru local council and get her/him to write to your LL explaining your rights to him.

bookduck

How long were you living there? if you moved in after April 07 legally the landlord should have provisioned a deposit scheme and he will get fined.

There alway will be reasonable ware and tear and landlord take this into account on their rent.

next time you rent, take a camera with you takes as many pictures of the floor walls celling, windows, inside the bath tub, basin and pan as possible. Make sure the agent/landlord is in the photos too.

SquatNow

bookduck wrote: »

How long were you living there? if you moved in [STRIKE]before [/STRIKE] After April 07 legally the landlord should have provisioned a deposit scheme and he will get fined.

Assume it was a typo.

foxxymynx

bookduck wrote: »

How long were you living there? if you moved in before April 07 legally the landlord should have provisioned a deposit scheme and he will get fined.

There alway will be reasonable ware and tear and landlord take this into account on their rent.

next time you rent, take a camera with you takes as many pictures of the floor walls celling, windows, inside the bath tub, basin and pan as possible. Make sure the agent/landlord is in the photos too.

It was before April 07.