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Landlord keeping whole of our deposit

245

Comments

  • tbs624
    tbs624 Posts: 10,816 Forumite
    mbaz wrote: »
    Is this procedure outlined somewhere?

    It's to do with the concept of "reasonablesness" - you have to show that you have tried to get an agreement, but rather than worrying too far ahead just take it in stages & post back here. There'll be plenty of replies :smiley:

    Essentially, you write, and then depending on what she says in reply, you either agree or challenge giving her 7 days to respond: if she moves down to wanting to keep part, but you still don' t agree , you can then write again asking her to repay the undisputed amount to you, but saying that you do not accept this amount as "full & final settlement" and are still requesting the return of the deposit. A third letter headed "letter before Action" has to be sent and then, if no satisfactory response, you complete the court forms . You don't need a solicitor to do this.
  • prudryden
    prudryden Posts: 2,075 Forumite
    What did you use to "wash" the walls? Was the paint vinyl or emulsion? Who instructed you to wash the walls? Do you have a copy of that request?
    FREEDOM IS NOT FREE
  • mbaz
    mbaz Posts: 895 Forumite
    I washed the walls with water and a sponge. LA asked us to and yes have a copy of that request. think it was emulsion.

    I was never told I could be at check-out. was just told an inspection would take place after we handed keys back.

    Have written to LA asking for all their reports plus their quotes for the work to be undertaken, Once I have that and understand why it's so high I think I will write to LL and cc LA. Will let you know what's happening hopefully later in week. Thanks for all your help
  • prudryden
    prudryden Posts: 2,075 Forumite
    Ummm!! Washing emulsion generally leaves stains and therefore has to be repainted. Find a decorator/paint shop in your area or the Delux website -- ask their opinion on what should be used on what type of paint, if at all. Get it in writing.

    If the LA gave you a date for the checkout and you didn't go - then that could be a problem. Did they send you a letter to that effect?

    The rate for painting one room in London (two coats) to include ceiling is about £450. Some foreigners would do it cheaper (about £300)
    FREEDOM IS NOT FREE
  • Premier_2
    Premier_2 Posts: 15,141 Forumite
    10,000 Posts Combo Breaker
    mbaz wrote: »
    ...The landlady has had a quote for redecorating the house and cleaning the carpets etc and it comes to £3000 ... and as a result is keeping the whole of our £850 deposit.

    Do you think this is fair? ...

    No, why should the LL be left £2150 out of pocket for delapidations caused by you? Don't be surprised if the LL asks you for the balance.
    mbaz wrote:
    ...just dont know where to go to dispute it.
    If you want the £850 back you'll need to make a claim in the county court or online here: http://www.moneyclaim.gov.uk
    Expect a counter by the LL for the balance of £2150 if you do.
    "Now to trolling as a concept. .... Personally, I've always found it a little sad that people choose to spend such a large proportion of their lives in this way but they do, and we have to deal with it." - MSE Forum Manager 6th July 2010
  • mbaz
    mbaz Posts: 895 Forumite
    Premier wrote: »
    No, why should the LL be left £2150 out of pocket for delapidations caused by you? Don't be surprised if the LL asks you for the balance.


    If you want the £850 back you'll need to make a claim in the county court or online here: http://www.moneyclaim.gov.uk
    Expect a counter by the LL for the balance of £2150 if you do.

    That's why I'm frustrated she's not looked at the house herself. It doesnt warrent redecorating let alone paying £3000 to do so.
  • mbaz
    mbaz Posts: 895 Forumite
    prudryden wrote: »

    If the LA gave you a date for the checkout and you didn't go - then that could be a problem. Did they send you a letter to that effect?

    The rate for painting one room in London (two coats) to include ceiling is about £450. Some foreigners would do it cheaper (about £300)

    No I was never informed of the date of checkout.

    Amount probably is right for whole house redecorating but that is her choice to do that. It certainly doesnt need doing as a result of anything we've done.
  • lynzpower
    lynzpower Posts: 25,311 Forumite
    10,000 Posts Combo Breaker
    Premier wrote: »
    No, why should the LL be left £2150 out of pocket for delapidations caused by you? Don't be surprised if the LL asks you for the balance.


    If you want the £850 back you'll need to make a claim in the county court or online here: http://www.moneyclaim.gov.uk
    Expect a counter by the LL for the balance of £2150 if you do.

    Sound like betterment again in my view.

    id suggest repainting a wohle house having never seen the condition of it constitutes betterment.

    Peremier seems not to be able to understand the concept of betterment v fair wear & tear.

    just carry on doibng what you are doing, that money is yours now go get it back!
    :beer: Well aint funny how its the little things in life that mean the most? Not where you live, the car you drive or the price tag on your clothes.
    Theres no dollar sign on piece of mind
    This Ive come to know...
    So if you agree have a drink with me, raise your glasses for a toast :beer:
  • Premier_2
    Premier_2 Posts: 15,141 Forumite
    10,000 Posts Combo Breaker
    lynzpower wrote: »
    ..Peremier seems not to be able to understand the concept of betterment v fair wear & tear....
    I fully understand the 2 concepts thank you.

    Even if the OP successfully argues that part of the cost deducted was for betterment, it would not automatically mean they would get their deposit back. £850 is a small fraction of the £3000 cost involved in putting the delapidations right.
    "Now to trolling as a concept. .... Personally, I've always found it a little sad that people choose to spend such a large proportion of their lives in this way but they do, and we have to deal with it." - MSE Forum Manager 6th July 2010
  • Premier_2
    Premier_2 Posts: 15,141 Forumite
    10,000 Posts Combo Breaker
    mbaz wrote: »
    That's why I'm frustrated she's not looked at the house herself. It doesnt warrent redecorating let alone paying £3000 to do so.
    Who's looked at it? I thought you said it was the LA had done an inventory? The LA is the LL's agent.

    There's no point in owning a dog and barking yourself - or in this case employing a LA and then doing their work for them.

    I'm guessing the £3000 is itemised and supported by receipts/quotes for the work required - if not, it cannot be lawfully deducted.
    "Now to trolling as a concept. .... Personally, I've always found it a little sad that people choose to spend such a large proportion of their lives in this way but they do, and we have to deal with it." - MSE Forum Manager 6th July 2010
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