Ex-Landlord witholding deposit - Help Please

mair1

Have recently moved out of rented accomodation into our own house. We lived in the rented house for 4 years and never bothered the lanlord with any problems. When thier curtain tracks broke we replaced them, when thier oven was condemned by the gas-check people we replaced it, when the bathroom carpet got accidentally soaked (childs accident) we replaced the old worn carpet with Aqua-loc laminate etc etc. The landlord was never bothered about anything and was paid her money £900 pcm on time every month. My husband went through the house on the 10/4 for checkout and she thanked us for being such good tenants and agreed verbally that our deposit would be refunded as there were no problems other than wear and tear that would be expected after four years. However we have today received a letter from her telling us that she is keeping our £1350 deposit.
I feel that this is extremely unfair and would really appreciate anyones advice as am not sure what to do in this situation

hazeyj

I think its unfair too. Has she given you reasons why she is keeping your deposit? I think you should seek legal advice asap. Maybe a letter from a sols telling her she has no grounds to keep the deposit may do the trick? Good luck!

mair1

yes she has listed a number of things and whilst I would agree to a couple of things I think that the rest are really unfair

Before we vacated we painted each room where required or if not we touched up the paintwork and she is now saying that every wall we have touched up needs repainting.

In the dining room there was an unfinished arch to the kitchen which was wallpapered and this wallpaper over four years has without doubt been scraped (as there was nothing protecting it) and she now says she has had to get room stripped and redecorated - She now says that she has to paint every wall, take down wallpaper in dining room as it was damaged

She has said that the colour of the ceilings and paintwork is yellow and signifies cigarette smoking and she has had to have the ceilings and woodwork painted to rectify this. I have smoked whilst renting the house but never ever in the house as I always went out into the garden.

She also mentions having to have the oven (that we put in) cleaned and the carpets cleaned - OK I would agree to this but surely the rest is unreasonable or am I being niave

many thanks for any advice

hazeyj

Hiya, I am sure that as landlord you have to allow for general wear and tear ?and 4 years is a long time to expect everything to still look brand new! I would write down everything that you have fixed without bothering her and then get a sol to write a letter saying all this aand remind her that she being unrealistic to expect the house to still look the same 4 years after she let ir. Its not your job to touch walls up etc, thats why you rent, so she does it. Maybe suggest an amount for her to refund?

jenniferpa

You might want to look at the Shelter site. According to them wear and tear is not something that you should have to pay for. This is the link
http://england.shelter.org.uk/advice/advice-3003.cfm

I hope this works - the usual linking option doesn't seem to be working.

Jennifer

chugalug

Unfortunately, if the landlord refuses to return your money you will have to sue them through the small claims court.

Did you take any photos before you left? Probably not as it sounds as though everything was amicable till it came to handing over your money!!

What does it say in the letter from your landlord? Are they charging you £1350 for wear and tear? Not likely but it has been tried?

As has already been stated she cannot charge you for wear and tear. You need to send her a letter by recorded delivery (keep a copy) specifying what you do and dont agree to in her letter. Ask for copies of receipts for the work that she's allegedly had done in order to clarify your position. Its my bet that she hasnt got any! Specify a time limit for her reply ie 14 days. Then send her a letter by recorded delivery again keep a copy, stating you expect the return of your money within ie 7 days or you will start court action.

If she doesnt return your money, go for it! You can download the forms from the court website and get any help you need from the court usher. No real need for solicitors. HTH

mair1

is that same for private tenant

mair1

chugalug wrote:

Unfortunately, if the landlord refuses to return your money you will have to sue them through the small claims court.

Did you take any photos before you left? Probably not as it sounds as though everything was amicable till it came to handing over your money!!

What does it say in the letter from your landlord? Are they charging you £1350 for wear and tear? Not likely but it has been tried?

As has already been stated she cannot charge you for wear and tear. You need to send her a letter by recorded delivery (keep a copy) specifying what you do and dont agree to in her letter. Ask for copies of receipts for the work that she's allegedly had done in order to clarify your position. Its my bet that she hasnt got any! Specify a time limit for her reply ie 14 days. Then send her a letter by recorded delivery again keep a copy, stating you expect the return of your money within ie 7 days or you will start court action.

If she doesnt return your money, go for it! You can download the forms from the court website and get any help you need from the court usher. No real need for solicitors. HTH

Thank you for that - I am feling slight more confident

mair1

just realised my spelling errors and meant - I am feeling slightly more confident

nelly_2

Phone em up and tell them you will sling bricks through every window which will cost them far more than the deposit they are stealing.

Why does everyone in this country just try to rip everyone off all the time?

Wickedkitten

nelly wrote:

Phone em up and tell them you will sling bricks through every window which will cost them far more than the deposit they are stealing.

Why does everyone in this country just try to rip everyone off all the time?

Greed and the fact the landlord probably thought Mair was a mug by the fact that she and her hubby were sorting things that the landlord was supposed to.