Blooming landlord is doing my nut in. Problem with my bond

NUFCnutter

Thanks, I am not sure where the deposit is, as the tenancy agreement was signed prior to 2007. I am just trying to compose a strongly worded letter now.

barnaby-bear

NUF!!!!ter wrote: »

Thanks, I am not sure where the deposit is, as the tenancy agreement was signed prior to 2007. I am just trying to compose a strongly worded letter now.

Post it up if you want some feedback - we may be harsh but better us now to get a better final product...

NUFCnutter

Thank you. It will probably be tomorrow now. Thanks for all the advice.

barnaby-bear

NUF!!!!ter wrote: »

Thank you. It will probably be tomorrow now. Thanks for all the advice.

Bored? No friends? Time to kill? Determined to get your deposit back - read the EL ultimate guide
http://forums.moneysavingexpert.com/....html?t=227606

NUFCnutter

How does this sound?


I request that you return my deposit of £475.00, as the premises were left clean and in good repair when the tenancy ended. Allowing for fair wear and tear, the premises were left in the same condition as they were in at the beginning of the tenancy.

As there was no inventory completed when the tenancy agreement commenced or expired I expect the full sum of £475.00 to be returned to me within 7 days of the date of this letter.

The bond must not be regarded as extra rent, to be used to improve the condition of the property. Any amount deducted from it must be equivalent to the amount needed to replace “like with like”. For example, if the carpet was worn at the start of the tenancy, you cannot retain the amount that would pay for a brand new carpet.

You cannot deduct the replacement value of any item, even if it was brand new at the start of the tenancy, as this would be "betterment". You can only deduct from the deposit a percentage of the item's value, based on (a) its on condition at the start of the tenancy (which you must prove using the inventory from the start of the tenancy), and (b) the expected life of the item.

Nor can you make deductions from the deposit for general “wear and tear”. The tenant is only liable for damage that creates extra cost; the deposit is not there to provide a redecoration fund. You must redecorate at your own expense.

As there was no inventory completed at the start, or finish of the agreement there is no proof of condition of the property when I first occupied it, or when I vacated it.

The onus is on you to prove that there are circumstances justifying the retention of any part of the bond and to date you have not provided any such evidence. Indeed I was not informed that you were intending to withhold any of the bond until I telephoned XXXX (letting agent) yesterday enquiring about the whereabouts of the bond money. This is despite me making contact with XXXX (letting agent) several times since the vacation of the above property.

I will therefore be in a position to demonstrate that it is unreasonable for you to keep any part of the deposit, should you be unable to produce the requested evidence in the form of an inventory, which was never completed, and matters proceed to court.

You must remember that the deposit is my money. You must account for it properly. It is a common misconception that the deposit belongs to the landlord, but that is not the case and withholding it without proper grounds is unlawful.

The bond was due to be returned to me however it has been 18 days since I vacated the property and I have not been given any written explanation for the delay in returning the sum of £475.00 and the letting agent has had no written correspondence from you.

Payment of the bond should be submitted in full within 7 days from the date of this letter, failure to make payment will result in legal proceedings being instigated without further notice.

I would like to draw to your attention that if legal action is taken, not only may this effect any future credit applications you make elsewhere, but any legal costs incurred are usually payable by the debtor.

I expect your due diligence in this matter.

Yours sincerely

moneysavinmonkey

NUF!!!!ter wrote: »

How does this sound?


I request that you return my deposit of £475.00, as the premises were left clean and in good repair when the tenancy ended. Allowing for fair wear and tear, the premises were left in the same condition as they were in at the beginning of the tenancy.

As there was no inventory completed when the tenancy agreement commenced or expired I expect the full sum of £475.00 to be returned to me within 7 days of the date of this letter.

[STRIKE]The bond must not be regarded as extra rent, to be used to improve the condition of the property. Any amount deducted from it must be equivalent to the amount needed to replace “like with like”. For example, if the carpet was worn at the start of the tenancy, you cannot retain the amount that would pay for a brand new carpet.

You cannot deduct the replacement value of any item, even if it was brand new at the start of the tenancy, as this would be "betterment". You can only deduct from the deposit a percentage of the item's value, based on (a) its on condition at the start of the tenancy (which you must prove using the inventory from the start of the tenancy), and (b) the expected life of the item.

Nor can you make deductions from the deposit for general “wear and tear”. The tenant is only liable for damage that creates extra cost; the deposit is not there to provide a redecoration fund. You must redecorate at your own expense.

As there was no inventory completed at the start, or finish of the agreement there is no proof of condition of the property when I first occupied it, or when I vacated it.
[/STRIKE]
The onus is on you to prove that there are circumstances justifying the retention of any part of the bond and to date you have not provided any such evidence. Indeed I was not informed that you were intending to withhold any of the bond until I telephoned XXXX (letting agent) yesterday enquiring about the whereabouts of the bond money. This is despite me making contact with XXXX (letting agent) several times since the vacation of the above property.

I will therefore be in a position to demonstrate that it is unreasonable for you to keep any part of the deposit, should you be unable to produce the requested evidence in the form of an inventory, which was never completed, and matters proceed to court.

[STRIKE]You must remember that the deposit is my money. You must account for it properly. It is a common misconception that the deposit belongs to the landlord, but that is not the case and withholding it without proper grounds is unlawful.[/STRIKE]

The bond was due to be returned to me however it has been 18 days since I vacated the property and I have not been given any written explanation for the delay in returning the sum of £475.00 and the letting agent has had no written correspondence from you.

Payment of the bond should be submitted in full within 7 days from the date of this letter, failure to make payment will result in legal proceedings being instigated without further notice.
[STRIKE]
I would like to draw to your attention that if legal action is taken, not only may this effect any future credit applications you make elsewhere, but any legal costs incurred are usually payable by the debtor.

I expect your due diligence in this matter.
[/STRIKE]
Yours sincerely

For the first written contact with the agents, I would say this letter is a bit strong and definitely too long-winded. Sticking to the most important points would have more impact. Just my opinion


Also have the agents definitely said they are keeping your whole deposit or just that they have noted some damage and are waiting to speak to the landlord who happens to be on their summer holidays at the moment?

NUFCnutter

I was going to send that to the LL. Someone said to cut out the middleman, if I am not mistaken. However I shall look into cutting the pieces out you have suggested.

Premier_2

NUF!!!!ter wrote:

[QUOTE=moneysavinmonkey]
Did you have an inventory done at the beginning and end of your tenancy? No

[/QUOTE]
Oh dear that's a pity. If you had obtained those, it would be so much easier for you.

The problem is what one person considers clean is what another considers dirty.

Such inventories/statements of condition are in the interests of both the landlord and the tenant.

The only way you can get your moneyback, if you cannot otherwise agree with the LL/LA, is to take the matter to court and pursuade the judge of your right to it's return. i.e. that the LL was not right to make the deductions they have done.

barnaby-bear

Premier wrote: »

Oh dear that's a pity. If you had obtained those, it would be so much easier for you.

The problem is what one person considers clean is what another considers dirty.

Such inventories/statements of condition are in the interests of both the landlord and the tenant.

The only way you can get your moneyback, if you cannot otherwise agree with the LL/LA, is to take the matter to court and pursuade the judge of your right to it's return. i.e. that the LL was not right to make the deductions they have done.

It's not a problem for the OP - the LL wants to keep the deposit (legally the tenants) money and to do so they have to prove it was dirtier than when handed over... without an inventory because the deposit belongs to the tenant to start with the legal position starts with the assumption it was as clean as when they moved in...

Premier_2

barnaby-bear wrote: »

... the legal position starts with the assumption it was as clean as when they moved in...

The lack of inventory/statement of condition does not imply this.

Now if one existed, the resolution of the dispute would be so much easier.

Normally in law, it is required that a claimant proves something is owed, before a defendant needs to do anything.

Without the tenancy/statement of condition, it would be difficult for the tenant to prove "it was as clean as when they moved in"