Landlord wont return my deposit

Mistymina

Hi people,

I was hoping someone could help me in regards to my problem.

I have recently moved out from my studio flat and my landlord is refusing to give me my deposit of £435 back. He states that I had left the place in a mess and the carpet is really dirty. I accept that and had looked into getting the carpet cleaned but at the time I was moving out I wasn't able to afford it. I did however say to my landlord to deduct the cleaning cost from my deposit should I not be able to afford to.

He is now saying that he will need to replace the carpet as everything in the room had been brand new and I agree he had done a "check in inventory" with me when I first moved in. However some of the reasons hes throwing at me as to why he cannot give me even part of my deposit back is upsetting me. He says the light bulb in the bathroom was left on the windowsill, the fridge light wasnt working, the cooker was dirty (bear in mind I have lived in this exceptionally small room for over 3 years) the blinds hadn't been cleaned and that the room was not in a state to let out again! The only clear fault I could see was the carpet but as soon as it would have been cleaned, the room would have looked more presentable and I do not agree with him that the room looks that bad that he cant rent it out again.

He did not conduct a check out inventory with me on the day I left, rather he just told me he was busy and to leave the keys on the kitchen top.
I have asked to come round and do another thorough clean, even to replace the light bulbs etc but he refuses. I even told him to take £235 and give me £200 as I need this money for my new landlady but he is still refusing.

I dont know what I can do? Do I walk away accepting my money has gone or do I have any rights?

Thank you to all that reply x

superfran_uk

He can't just take money, you can dispute it through the deposit protection scheme that he paid it into... however if he didn't pay it into one, you can take him to court. I'm sure others can advise.

Craig1

I recently was faced with a similiar situation the letting agent were claiming that they never received any deposit, I found a letter template on the consumer action group website which is quite in depth and extremely well worded.

Surprise, surprise a week letter a cheque came through in the post for £525.

I would suggest having a look at the template and changing it to your specific circumstances, it even goes into detail in regards to the Tenancy Deposit Scheme and that your next step will be legal action.

Hope this helps.

Say Thanks if It does!!

Mistymina

Hi Craig1, many thanks for your advice, just a quick question please? How do I find this letter on that website? I cant seem to see it

anotherpaul_2

Actually, if you moved in before April 2007 (when the rules changed), it's a grey area whether your deposit should have been protected in a deposit scheme. The letter might not help.

superfran_uk

Craig1 wrote: »

Say Thanks if It does!!

For real?? :rotfl:

Mistymina

lol thank you craig1 yeah I moved in my studio flat in sept 2006 so Im not sure now but thanks so much

Blacksheep1979

Mistymina wrote: »

the cooker was dirty (bear in mind I have lived in this exceptionally small room for over 3 years) the blinds hadn't been cleaned and that the room was not in a state to let out again!

I'm sorry but if these things were dirty he's well within his rights to have them cleaned at your cost.

bitsandpieces

Blacksheep1979 wrote: »

I'm sorry but if these things were dirty he's well within his rights to have them cleaned at your cost.

Yes (assuming this is more than you'd expect from normal wear and tear). But he'd be expected to keep receipts, and to only charge you what he spends on sorting any problems.

tbs624

Mistymina - have you renewed your original Fixed Term AST at any point or have you simply continued the tenancy under a periodic agreement , running from month to month? If the former then your deposit should have been protected at that time.

Reading your post it does seem that you recognise that you left the property dirty - saying that you lived in a small space for 3 years does not mean that you can return the property in any condition other than that in which it was let to you, save for fair wear and tear. (FW&T categorically does not include dirt or damage). It is always best to invite the LL round 10-14 days before the expiry of your FT so that any issues around the property's condition can be resolved in good time.

Post back with info on your tenancy agreement and then more detailed suggestions can be given.


Even if the LL *is* entitled to make some deductions he cannot seek "betterment", ie end up with the property in a better condition with you footing the bill. Even if the carpet was new when you moved in it has had 2 and a half years of life to date, so he could only look to you for a percentage of the costs of replacement and he would have to show that that was the only option, ie that simply cleaning the carpet would not be sufficient.

Mistymina

My Landlord did not do a check out inventory with me on the day I left. Honestly the room was not that much of a state he is suggesting I had left it in. I knew that I wouldn't be getting all of my deposit back as he had used white carpet and had white painted walls and as I am a smoker I knew that the carpet wouldnt be brilliant white for two and a half years. Im fed up because all the things he is saying I broke, I had reported this to him the min it occured, e.g the lightbulb in bathroom not working. I didnt have a ladder to put a new lightbulb up so I asked him to replace it and he ignored me. I replaced the toilet seat from my own money, bought new light bulbs for my room, again from my own pocket, and I mean the really expensive trendy ones he had put so I could replace them. I bought a rug which covered nearly all of the room to stop it getting ruined and I beleive it was totally unfair that he didnt give me even half back. Im not a slob and I am a fair person and so I expect to be treated fairly in this but I am worried that I may not get anything back or how to even take this to court as Ive never had to take any matter to court before