Getting Bond/Deposit Back on Rented Flat

tbs624

Mark1234 wrote: »

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.

Given that this was a new build,with you renting from the start rather than it being the Lls former home, I would pay £3 and check out the LLs address at the Land Registry.

In your letter to the LA you could try requesting the LLs address from them - if this is done whilst anyone is still a tenant, the LA *has* to give the info within 21days of the request being made or they commit a criminal offence. It's not the same once you are an ex-tenant *but* if the LA does not supply it, & does not sort out the deposit , you could then try telling the LA in writing that you will also name them on your court claim for recovery and let the judge know that they obstructed your request for help with necessary contact info. It's all part of showing that you have reasonably tried different ways to seek resolve but they have not met you halfway.

Tilly7

I paid the deposit for my flat in full to my landlady. Since moving in I have not asked for a deposit from my new flatmates. About 6 months ago my landlady told me I had to ask for a deposit from them as if something is damaged etc it will come out of my deposit. She told me that she holds the deposit for the flat and cannot give half back if someone leaves so I must get a deposit every time I get a new flatmate. My recent flatmate is moving and had to give a months notice. My landlady has now told me that I have to give the depsit back asap as although the girl must give notice to quit she is going to leave in the next week. My landlady is now saying that is illegal gfor me to have taken a deposit from the tenant without holding it in a spcial account. I was never informed of this. This means that the deposit fpr the flat is half as much again as I have already paid it once and no have half from the tenant. Where do I stand as far as the law is concerned, surely if it went to court it would shoow that my landlady holds the deposit in full and I am just recouping half the deposit back from the new tenant. Please help, I find this all very confusing.I hope you understand what I am trying to explain here.

BridgetJones_2

Tilly7 wrote: »

I paid the deposit for my flat in full to my landlady. Since moving in I have not asked for a deposit from my new flatmates. About 6 months ago my landlady told me I had to ask for a deposit from them as if something is damaged etc it will come out of my deposit. She told me that she holds the deposit for the flat and cannot give half back if someone leaves so I must get a deposit every time I get a new flatmate. My recent flatmate is moving and had to give a months notice. My landlady has now told me that I have to give the depsit back asap as although the girl must give notice to quit she is going to leave in the next week. My landlady is now saying that is illegal gfor me to have taken a deposit from the tenant without holding it in a spcial account. I was never informed of this. This means that the deposit fpr the flat is half as much again as I have already paid it once and no have half from the tenant. Where do I stand as far as the law is concerned, surely if it went to court it would shoow that my landlady holds the deposit in full and I am just recouping half the deposit back from the new tenant. Please help, I find this all very confusing.I hope you understand what I am trying to explain here.

Your situation is very odd. Are you sub letting? I don't understand why you're managing the property..?!

Mark1234

Thanks for all of your replies, here is a quick update. I would appreciate further advice.

I wrote to the LA requesting a full deposit refund as they had not returned any of my calls or made any attempt to rectify the problem. I gave them 10days to reply to the letter, which they did on the 10th day.

The letter was a standard pre-printed letter accompanied with a cheque. The cheque was not for the full amount, they had deducted carpet cleaning, painting and end of tenancy charge.

We was at the property for 3years and I wasn't aware of anything which fell outside the wear and tear brackets. The end of tenancy charge was a new one to me, there is nothing in the contract and it had not been mentioned to me before.

As I was not happy with the above I wrote to the LA explaining I will not accept this partial refund as it is incorrect and asked for explanation of all of the charges. Again I sent the letter recorded delivery and gave 10 days for a responce before further action will be taken.

It has now pased the ten days and I need to take the next step, any advice?

Many thanks in advance.

Mark1234

*bump*bump*

Premier_2

Presumably your deposit wasn't protected for whatever reason.

Therefore your only recourse is to commence legal action. Letter before action then file papers - available either from your local county court or you can do it online.

http://www.moneyclaim.gov.uk

Whilst cleaning is not wear & tear, your outgoing inventory didn't say the carpets were soiled but worn (which sounds like fair wear & tear to me, unless excessive)

You may struggle with the painting cost as you acknowlege there were some scratches you caused (as per the outgoing inventory)

Not sure what the end of tenancy charge is. Were you advised of this before the tenancy commenced? They can't just make it up afterwards so you have a good chance of recovering this if not.

Mark1234

No wasn't aware of the end of tenancy charge. I have re-read my first contract and my last contract and it is not mentioned, neither have I been told verbally.

Can I claim against the LA even though its the landlord who is instructing the LA?

Premier_2

Ultimately, the LL is responsible for returning the deposit to you.

That makes the deduction for the end of tenancy charge even more dubious as the deposit can only be used for dilapidations or other financial obligations under the tenancy agreement.

I would sue the LL (after giving him the letter before legal action), as previously advised by olly300.

I note you say you don't have the LL's contact details. By law (Sec. 48(1) Landlord & Tenant Act 1987) you are entitled to an address that can be used to serve notices (including notices in proceedings) to the LL. That address may be care of the LA.

No rent is lawfully due until such notice of address is given