Getting Bond/Deposit Back on Rented Flat

Mark1234

I left my rented property on the 31st August 2008. My final inspection was carried out on the 12th September which I attended. The lady who carried out the inspection made a few notes, the only problems were a few scratches, holes in the wall where tie backs were and a worn carpet around where the bed had been placed.

We were in the property for 3years and it was a new build and never decorated.

I rang the letting agent today to chase my deposit to be told it has been delayed as they are waiting for invoices to come back from companies who have carried out repairs on the property. The person I spoke could not give me any more information and he has left a message asking the person responsible to contact me ASAP.

I will be calling them again tomorrow but I would like some advice where I stand, are the items/faults described above classed as wear and tear??

And, are they allowed to go ahead and get the work carried out without my permission as it will be my deposit they will be using to pay for the said work.

Any help much appreciated.

Thanks

SABJ

sounds awfull i have no exp at all in this but i do hope somthing gets sorted for you soon it must be very stressfull for you

olly300

I would advise you to send a letter to the landlord copied to the letting agent by two methods i.e. hand deliver and fax asking for your deposit back within 14 days or you will take further action.

After the 14 days send the landlord a letter before action stating you will take them to court to get your money back.

Landlords act differently but normally they inform you how much they are going to take out off your deposit. Alternatively if they are really bad they don't bother talking to you.

LAs are a different matter entirely. They tend to fob you off. This is why it's important to go after the landlord directly.

Stefmax

Mark1234 wrote: »

I left my rented property on the 31st August 2008. My final inspection was carried out on the 12th September which I attended. The lady who carried out the inspection made a few notes, the only problems were a few scratches, holes in the wall where tie backs were and a worn carpet around where the bed had been placed.

Seems to me that that for the amount of time is very reasonable wear and tear!
I don't think your landlord should have gone ahead and got things done without speaking to you and asking you to put things right first if there was something wrong!

I've lived in three rented places and never had this problem! Is your deposit in the scheme for deposits? Maybe as you've been there a while it wasn't...

Good luck and stand your ground!
S

tbs624

Mark1234 wrote: »

I left my rented property on the 31st August 2008. My final inspection was carried out on the 12th September which I attended. The lady who carried out the inspection made a few notes, the only problems were a few scratches, holes in the wall where tie backs were and a worn carpet around where the bed had been placed.

Did you sign anything at this check out and if so, do you have a copy of what you signed?

Mark1234 wrote: »

We were in the property for 3years and it was a new build and never decorated.

Was an inventory done at the start of the tenancy?

Mark1234 wrote: »

I rang the letting agent today to chase my deposit to be told it has been delayed as they are waiting for invoices to come back from companies who have carried out repairs on the property. The person I spoke could not give me any more information and he has left a message asking the person responsible to contact me ASAP.

Don't deal with this by phone - keep it all in writing.

Mark1234 wrote: »

.... are the items/faults described above classed as wear and tear??

Scratches - depends on size,depth & what they are on, wear on carpet yes, holes in wall, no.

Mark1234 wrote: »

And, are they allowed to go ahead and get the work carried out without my permission as it will be my deposit they will be using to pay for the said work.

What they should have done was confirm in writing to you what any problems were, and then get a couple of quotes to cover any costs. If you don't agree with their costings, you can offer to put it right yourself or pursue them to court.

Do you have the LLs contact info? You do need to write, rec delivery/hand delivery,& in the letter keep only to facts , giving dates of phone calls, who spoken to etc.

State the tenancy address and dates of tenancy and full amount of deposit, and ask for its return within 10 working days:if they phone to discuss it tell them that they are to put it in writing to you.

If you disagree with what they offer to pay/deduct, & you think you have grounds to do so, you can then (as Olly says) send a further "letter before action". In this you say that you will give them a further 7/10 working days to settle with you, after which time you will begin proceedings & your claim will include interest and costs.

Mark1234

Thank you for your responses.

I did not sign anything on the final inspection, or haven't done since.

An inventory was done at the start of the contract although this does not state the condition, however it was a new build and we were first in.

I don't have the landlords contact details and I doubt the LA will give them to me.

The LA hasn't contacted me today so I will put a letter together tomorrow stating;

"full amount of deposit, and ask for its return within 10 working days:if they phone to discuss it tell them that they are to put it in writing to you. " tbs624


Hopefully this will kick them into gear.

marge_simpson

good luck with it!
i'm sorry to say that private landlords seem to be able to get away with this very easily. I once shared a rented flat, thought I got on well with the landlady etc, and left my room in far better condition than I found it. She in return decided not to give me my deposit back. Said that the whole flat was a mess and she was going to have to get decorators in and a gardener. There was nothing about the garden in my lease (which was overgrown, but nothign had been done for a long time before I moved in).
All I had was a phone number for her, so I called her and was very polite and expressed surprise etc, hoping that she would feel a bit guilty and give at least some of the money back ... nope, she had me over a barrell and knew it.

If I had was in such circustamces again, I wouldn't pay the last months rent and let them use the deposit for it. It left a very bitter taste.

Mark1234

I wish I had the landlords number to ring him/her.

Luckily I'm in a position where I am not desparate for the money back but I'm sure there are people who aren't in the same position.

I will be fighting this one until the end and will happily go to court.

olly300

Mark1234 wrote: »

I wish I had the landlords number to ring him/her.

That's absolutely no use you need to know the landlord's address. As to take any legal action you need an address in England and Wales to send letter's to.

I would report the LA to the LA's local trading standards. They are not likely to do anything until they have enough complaints but each complaint helps. You can do it via email - http://www.tradingstandards.gov.uk/

Mark1234 wrote: »

I will be fighting this one until the end and will happily go to court.

Your wasting your time if the LA's is not the legal address where letters to the LL have to be sent.

However you can hold a peaceful demonstration outside the LA's office on a Saturday from around 11am in the morning with a few friends and placards. As long as you are on the pavement and not on their property they can't do anything.

GrammarGirl

I moved from a rented house where I'd been for 3 years into another rented property in July. I had an absolute nightmare with the inspection and getting my bond back, as before I moved in, no inspection had been done for approx. 3 years previously.

Anyway, was this a student flat or a private rent? In West Yorkshire we have protection for all student renters under the Unipol scheme - I wrote to them when I had an issue and they were very good. If you are/were a student, definitely have a look to see if you have something similar in your area - unis can usually help too.

If you're renting privately, try the housing ombudsman. Just google the term and your area to find your local ombudsman. Not sure Trading Standards would be able to help but give them a try too.

Keep a record of any contact you have with your landlord... like others have said, a written record is better. Try get hold of an email address - you say you don't have contact details, who did you ring if you needed help while you were living there? Maintenance, emergencies, rent issues? Also, if you paid by DD, what's the name of the benefactor of your rent? If you can get a company name or even an individual, you may be able to find an office address or phone number.

I know how bloody awful landlords can be - I finally got my deposit back in full last week, after nearly 4 months of hassle. Keep fighting and don't give up - that's what they want!!

boggie40

we have been in rented properties for some time now. when we took over this last property we had our deposit held in a government holding scheme.
this was all new to us, obviously there are a lot of dodgey landlords out there and you can bet your last £ that they wont be taking part in this scheme for deposit holding.
if i am right it is becoming law as i am told landlords in london and the surrounding areas are holding deposits back for non existant damage.

we have yet to take on a property and not have improved it during our time there.
we have always redecorated and put new fence panels up put new taps in bathroom new lights in living room....obviously we are not your normal tenants, but we think if you have to live in it put your own touch on it.
the property we are in currently we carpeted throughout as the carpets down were hideous, and even replaced most of the kitchen...

landlords have always been full of praise for us when we leave properties.

we find it hilarious when you take over a property that they have delayed handing over to you as a cleaning firm has to give it the once over b4 you take over, we get the keys take a look around then don gloves and go bleaching everything cos it is filthy !!!!
pity we could not ask for extra money back on top of our deposit for improving their properties !!