Getting a deposit back..

owensmum75

Well he's written back and stands by his original letter. He says he will contact us again when the remedial works have been carried out. Isn't he supposed to give us the opportunity to make good any "damage"? Or at the very least provide us with quotes?

AWT19

Looks like you are off to the small claims court.... good luck!

tbs624

Owensmum - you moved out almost 3 months ago, the LL has had his letter before action and an opportunity to negotiate so now you have to follow it through to court, as AWT19 says.

It's straightforward enough - if you are worried about it talk to someone with LL&T experience at the local CAB and have a read of Shelter's guidance here. You can read up more on it here

Do continue to keep the thread updated, as it all helps other tenants who may be in a similar situation.

owensmum75

Well we have recently found out a very interesting nugget of information.... As we renewed our tenancy each year he should have put our deposit in a Tenancy Deposit Scheme regardless of when we moved in. If he hasn't we have the right to sue for 3 times that amount. We've written to tell him this so I'll let you know what he says next!!

honeyD

I cant believe this is still ongoing! :eek:
Good luck with getting your money back, I hope you get it soon.

tbs624

owensmum75 wrote: »

Well we have recently found out a very interesting nugget of information.... As we renewed our tenancy each year he should have put our deposit in a Tenancy Deposit Scheme regardless of when we moved in. If he hasn't we have the right to sue for 3 times that amount. We've written to tell him this so I'll let you know what he says next!!

Good to see an update but be aware that the requirement to register a deposit runs from the LL's receipt of the deposit, rather than from when you moved in or signed your contract.There has been a case involving a tenancy renewal where the judge held that the deposit had not been "received" as such by the LL at the time of tenancy renewal since it was already in the LL's possession. The decision is not binding but it does indicate that there is nothing cast iron to say that your deposit should have been registered at renewal or that you would be entitled to the 3x penalty. Other cases indicate that a LL may in any event escape the 3 x penalty by repaying the deposit in full to the T or registering the deposit late , either option being completed prior to a court hearing. Most decent LLs would register a deposit at renewal just to cover themselves. Let us know what reponse you get

owensmum75

Well another update.... He's sent us a cheque for £150!! He's taken the £150 he paid the new tenants to "clean up" a clean tidy house and he's charged us £200 for a brand new front room carpet. he's sent the reciept for the carpet but nothing for the cleaning work. Off to court we go!!!!

owensmum75

Still waiting for a response to our last letter.......

Judith_W

At the end of the day surely the fact that there was no inventory before you moved in means he pretty much has no rights. The hole could have been there before you moved in, there might not even have been a carpet!! Thats why an inventory is so important!

Anyhoo thats just my 2 penny thown in

t1gger

£150 for cleaning doesn't sound totally unreasonable if they got cleaners in and someone to tidy the garden.

He's chancing it with the carpet tho, sounds like you're paying for wear and tear.