Getting back my deposit from landlord

Bexley2009

Hi all

Is there anyone out there that could explain where I stand on getting my deposit back from my landlord?

I moved into the flat 4 years ago. My friend lived in the flat previously and she told the landlady I was interested in renting it when whe left. I spoke with the landlord over the phone and we agreed that I could rent the flat. The landlord sent me the tenancy agreement through the post which I signed and sent back with the deposit. The day after I moved out I met the landlord for the very first time, for me to get my deposit back and hand over the keys. I looked after the flat and cleaned it very well. She took the keys from me and said she would send my deposit in the post. About 2 weeks later I received a letter from her stating that she had spoken to a solicitor and was advised to only give me half the deposit back. I wrote asking why she was keeping half and she replied that she had had to make repairs. She did not list what the repairs were. The flat did not need any repairs doing to it when I left and I know that 2 new tenants moved in 2 days after I moved out.

I would like to know if she is allowed to keep half of my deposit and also what I stand a chance as regards to taking her court? Bearing in mind that she had not seen the flat since the tenant before me, so how does she know what state the flat was in when I moved in.

Judith_W

I believe you will have a very strong case if you want to take her to small claims court if she did not do an inventory before and after your occupation. The burden would be on her to prove you caused the damage and it was not there before you moved in. I'm not an expert so stick around or ask shelter as they are great with this sort of thing. I'd have thought a letter (send recorded of course) asking what the supposed damage is and stating that she cannot prove you caused the damage would be a good start. She cannot charge for normal wear and tear.