Claiming a deposit from landlord when tenancy ended 2.5 years ago?

lizzielondon

Hi all,

I was wondering if anyone knew if anything coulod be done in this situation

My boyfriend moved out of a house he lived in as a student with two friends two and a half years ago

they lived there for two years and had two 12 month asts

when they moved out landlady refused to refund deposit because the carpets were heavily stained- they were like this when they moved in and the landlady verbally agreed they were in a state- when they moved out the landlady claimed they were perfect when they moved in!

unfortunately we weren't as clued up as we are now on these things and thought there was nothing we could do about this as they hadn't taken any before and after photos

there was however no check in/check out inventory signed by either party

I was wondering if we have a leg to stand on after so much time has passed

the deposit was 1 months rent so approx £1500 and wasn't held in a deposit scheme as the second ast was signed before april 2007

any thoughts on this would be much appreciated, thanks

Marcheline

Think you're on to a lost cause here, sorry.

EagerLearner

Hi Lizzielondon as 2.5 years have passed and you didn't formalise a complaint in writing as far as I can see, it's going to be near impossible to get anything back now. Perhaps put it down to experience and make sure in future all deposits are protected with one of the main 3 agencies.

lizzielondon

our deposits since then have been as they were signed after april 2007, unfortunately his last one with his friends weren't

thought it was a long shot! His £500 back would've been nice though lol

princeofpounds

In theory yes you can, although you will need to check. Statute of limitations in UK civil cases is normally six years I believe.

In practice it will be much more difficult, as the case is judged on the balance of probability, so you will need to provide proof that the deposit existed and that events happened as you describe, much harder after several years.

But, if you have that evidence, you should go for it. Even a letter before action might get some result.

lizzielondon

will bank statements showing the initial deposit going in her account plus the rent every month prove it was paid? or do we need to find the original contract?

Marcheline

But if you don't have photos/inventory of the house, all the landlady needs to say if you pursue her, is that she's changed the carpets since. Even if she hasn't, you can't prove otherwise.