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

NUFCnutter

Just another quick question. Can I ask the LA for all the information they hold about me and my tenancy. They wrote me a reference to get this new property and considering this development I would like to see what they have said about me and the other things they hold about me.

Premier_2

Loretta wrote: »

The deposit is the tenant's money, he gives it to the landlord in case he damages anything. if the tenant thinks he has not damaged anything at the end of the tenancy he asks for it back and expects to get it back.

If the Landord thinks the tenant has damaged the property during the tenancy he has to prove the damage happened during the tenancy. The best way to prove it is to produce a detailed inventory or check in report. If the landlord cannot produce this proof ie a detailed check in report, he should return the deposit in full.

This is the tenants money and he wants it back. The Landlord does not 'owe' money, it is not his money, it belongs to the tenant.

If the Landlord wants to keep it he has to say why and prove it.

Premier you seem to always see things back to front.

Who is the claimant?

NUFCnutter

No one yet. It is not at court stage.

Premier_2

Ok who will be the claimant, should the matter need to go to court? The LL or the tenant?

NUFCnutter

I would be the claimant, and what I would be saying is that the LL is holding MY money and refusing to return it despite him having no evidence that he has a right to withold my bond. I can prove I paid the money and I can prove that he is refusing to return it.

Premier_2

NUF!!!!ter wrote: »

I would be the claimant, and what I would be saying is that the LL is holding MY money and refusing to return it despite him having no evidence that he has a right to withold my bond. I can prove I paid the money and I can prove that he is refusing to return it.

But you can't prove that he has no evidence as to the right to retain part or all of it can you - but that is your claim.

Now if you had that all important agreed inventory/statement of condition for both entry & exit - it would be a totally different story.

Microstar_2

If this went to court the LL would have to demonstrate why he should keep the deposit - not the tenant having to show why he shouldn't.

NUFCnutter

Premier wrote: »

But you can't prove that he has no evidence as to the right to retain part or all of it can you - but that is your claim.

Now if you had that all important agreed inventory/statement of condition for both entry & exit - it would be a totally different story.

I don't have to prove he has no evidence. All I have to prove is that he has MY money and will not return it to me.

By the way, I thanked you because you have made me laugh at your back to front logic.

paintpot

I would think it fair to say that any landlord worth their salt also knows that were this to go to court, courts tend to favour the tenants where there is element of doubt. So, if the landlord in this situation wants to take the risk with no inventory then I would call them a fool.

NUFCnutter

I now have another problem, I spoke to my Local Authority who are dealing with my housing benefit claim and they apparantly have a HUGE backlog and my claim may not be processed and paid into my account in time for my rent to be paid to my landlord (the 18th August). What the hecky thump am I going to do about that. I cannot find another £450 from nowhere, so if I don't get this money back from my old landlord I am stuck!