Advice Needed:landlord hasnt protected deposit and wont return all of it

bitsandpieces

breadlinebetty wrote: »

If you've got your deposit back,then what are you moaning about? Sounds to me like the court will think you're one of those opportunist tenants trying it on!

The poster seems to be complaining that LL has retained £35 of their deposit without good reason. They're not rushing to take LL to court for 3x deposit - but planning on writing to LL asking for the £35 back, and saying they'll take court action if they don't return it.

If the LL failed to protect deposit in the first instance, then withheld £35 without good reason, then fails to return the £35 after Letter Before Action stating that tenant will take them to court for £35 + 3x deposit - I would find it hard to sympathise with them being hit with a 3x deposit penalty :rotfl:

By the way, this rental was in England or Wales, not Scotland?

bigfloorpie

no the landlord did not live in the property, no im not in a rush to go to court i would much rather not but i just refuse to be stepped on by another landlord
the lanlord made it clear the flat was left in good condition and no money was being taken for damages etc the £35 was take as a 'closing fee' (he said to cover closing metre readings and to check the flat) my letter before clearly says if i recieve a cheque for £35 in 7 days then no court action will be needed

adg1

theartfullodger wrote: »

Even if tenancy does mention £35 closing fee, I think OFT guidance says such fees are unfair...

Unless its a 'check out' fee, in which case I'm sure its fine as long as its mentioned at the start.

breadlinebetty wrote: »

Maybe he had good reason to withold £35 - after all, a deposit is to protect HIM against tenants who cause damage, abscond owing money, or renege on their contract.

And the DPS was designed to protect Tenants from unscupulous landlords using the tenants deposit money for a holiday in Barbados or hitting them for made up damages that are completely unfair.

Unless the property is in Scotland then the Landlord has a legal obligation to protect the deposit in one of the three schemes. If not, to ensure as much compliance as possible from landlords, the Tenant is able to sue for the deposit + three times its value.

The OP is not chasing her deposit - they has this back. They are chasing the £35 'closing fee' which the landlord has deducted.

OP - check your original paperwork from the letting agent for a mention of this fee, then, if its not mentioned anywhere, do as Clutton says.

bigfloorpie

no nothing in the contract about the closing fee and nnothing verbal mentioned, and as far as im aware the deposit is theer to cover my obligations as a tenant which would include the closing fee (if it were legal) so it should still fall under taking my deposit as its not like he has sent me full cheque then sent a bill for £35. he has just taken £35 from the deposit to cover what he thinks are my tenant obligations

adg1

bigfloorpie wrote: »

no nothing in the contract about the closing fee and nnothing verbal mentioned, and as far as im aware the deposit is theer to cover my obligations as a tenant which would include the closing fee (if it were legal) so it should still fall under taking my deposit as its not like he has sent me full cheque then sent a bill for £35. he has just taken £35 from the deposit to cover what he thinks are my tenant obligations

Sorry I don't compute. You've just answered your own question in the next sentence unless I've misunderstood? He has taken the fee from your deposit.

Check your original offer form from the LA as to the small print. You may find the £35 is in there but I would think its the landlords check out charge.

bigfloorpie

nothing at all about any check out fees

bigfloorpie

searching online this is the contract he used you need to type this into google i cant post link as im a new user

nla assured shorthold tenancy agreement

its the top pdf

adg1

A pretty standard AST.

Check out your original offer paperwork with the terms and conditions of the letting agent on it to see if the fee is there, then do as others have mentioned above - letter, court etc

clutton_2

r u going to spend all this time and effort by taking someone to court for £35 ?

it may not be fair - but move on .....

bigfloorpie

there was no other paperwork just the agreement but i will be sending the letter today ill keep everyone posted on how the reply comes thanks for the help