Ridiculous Deduction From My Rent Deposit

et_tu_brute

Their own break-down that accompanied the cheque stated that there was a rental deposit and a cheque. There was also an invoice the deposit. They can't dispute receiving a deposit if they are giving me a refund on it.

PoorDave

lynzpower wrote:

Yep ,another scum landlord giving landlords a bad name. I had one similar.

Take this to court.

Your LL should be able to present three QUOTES ( not estimates) to the court, to prove he took the cheapest.

My ex landlady ( aka witch from hell) tried to do us for all kinds ( blown lightbulb, dead plant in a pot) she didnt have a leg to stand on. In the end she coughed the majority, and we left the rest, by being naive & scared of court. I wouldnt do it now though, being older & wiser.

No reason to prove he took the cheapest, but he/she will need to be able to prove the cost, particularly the expensive sounding decorating

musey

et_tu_brute wrote:

Their own break-down that accompanied the cheque stated that there was a rental deposit and a cheque. There was also an invoice the deposit. They can't dispute receiving a deposit if they are giving me a refund on it.

Since they have already acknowledged it's existence I can't see a problem then.

My earlier opinion still stands, regardless of whether they have 3 quotes/estimates or don't, used the cheapest or most expensive decorator it shouldn't matter as they can't prove the pre-tenancy condition of the flat as agreed with you the incoming tenant by way of signed inventory.

Maybe get some free solicitors advice (most offer a free 30mins consultation) but I cannot see how they hope to charge you for rectifying a property they can't prove the condition of in the first place. Bear in mind that they have to allow for fair wear & tear also.

clutton_2

This truly is an awful landlord, and i sympathise fully, it grieves me that folks are ripped off, and that decent landlords like myself and many many otheers are given such a bad name.

May i play devils advocate here = and i do NOT under ANY circumstances approve of what he has done. ?

The fact that no inventory has been signed is a double edged sword here - the landlord cannot prove that the flat was perfect, but, equally you cannot prove that it wasn't. This is his word against yours. Is there any possibility at all of your finding the previouis tenant, as he could write a statement (affidavit) for court to show that the property was in good condition when he handed it over to you - did he get an unfair deduction from his deposit ? Maybe someone else in the block knows where he went. IF you can track down any more tenants treated in this fashion, this will help your case.

The fact that this landlord has "erased" material on paperwork, probably means that he will do everything in his power to "erase" or invent other evidence if you take it to court.

If the letter which accompanied this cheque has the phrase "in full and final settlement in it" then it is my understanding that that phrase normally means that if you cash if you then have no further claim. However, as Astaroth advises write immediately and state that ""the cheque will be banked on a without prejudice basis whilst awaiting the remainder of the balance.""

I would also contact your local housing department, and ask about the new Tenancy Deposit scheme. I do know that it does not officially come into force until October (latest estimate), but the private rentals officer may well be more effective than CAB. This new scheme is meant to stop landlords such as this acting in this manner.

£880 for decorating seems somewhat exteme to me - what sized apartment is it ?

Writing letters has to be the first stage though, but, give then 7 days to act, and send every letter special delivery, so that you can prove receipt.

Finally, if you find out on the Land REgistry who actually owns the apartment, you might appeal to the owner direct - i manage houses for landlords whose previous managing agents were getting money from the tenants AND the owners for the same work and pocketing half of it !!!

i do hope you can get this money back, it is very unfair

good luck

musey

See the advice given in the following threads from Landlordzone

http://www.landlordzone.co.uk/forums/showthread.php?t=2774 (see last post)

http://www.landlordzone.co.uk/forums/showthread.php?t=2780 (see last post)

clutton_2

Musey, i have learned quite a lot from those two links - many thanks indeed

eeja

How about the other side of the coin. I have rented to students for the academic year and they move out next week. Several people who have inspected the house say they have never seen such a sorry state. The place is absolutely filthy... the worst seen in a lifetime. Grease and filth everywhere. The ingoing schedule signed by the tenants said the property was in good clean decorative state at the start of the tenancy. The tenants agreed to leave the property clean and tidy and we added that the rent had been specially reduced to ensure this would happen. Futhermore a full three page university cleaning schedule prior to moving out, was agreed at the start and attached to the lease . So next week I will be reoccupying the property and am terrified of the arguments that will ensue should I fail to return the full deposit. I do not want months of legal bickering. So what advice do you have for a landlord in such a case ? Will the tenants not claim the agreement was one sided and unfair ?

silvercar

eeja, is it worth reminding them that they will lose part of the deposit if they don't leave it clean?

frannybaby

Hi,

I had a similar experience. Our landlord deducted about 2000 pounds from a 2200 pound deposit, citing all kinds of reasons: i.e. he claimed that we had stolen property, that he'd had to repaint and replace lots of items, that we'd cracked windows etc, etc. The prices charged for the decorating were extortionate. Any items that he said were "missing/stolen" were only of the best quality and therefore cost the highest price to replace of course! He then charged us for lost rent even though we had met the new tenants before we left and knew that they had already signed the agreement!!

We (those sharing the house) were incensed because the landlord had always commented on how well we kept the house. Plus the accusation of stealing was just a bridge too far IMO! So we took him to the small claims court and had the satisfaction of watching him return the vast majority of our deposit!

The only pity is that not enough people take their landlords to court over this issue! Thats what the Citizens Advice Bureau said to us.

musey

frannybaby wrote:

Hi,
The only pity is that not enough people take their landlords to court over this issue! Thats what the Citizens Advice Bureau said to us.

I agree totally, it's generally fear and being unsure of their position that stops most people chasing their bond. Being a money saver I wouldn't rest until I had what I thought was mine.

Landlords that behave like this make my job as a landlord that much harder, 1 bad experience sours tenants and they tar all landlords with the same brush. I am (or at least I think I am) scrupulously fair with my bond returns and as a consequence only rarely need to advertise my properties as more often than not my tenants come to me via recommendation.

It can be ignorance on the landlord's part that they treat a tenant's deposit as a renovation fund for the property, having no concept of fair wear & tear and the fact that properties do naturally deteriorate overtime. Most of us decorate or at least repaint our own home every few years and so a rental property should be no different. Or they may be well aware of what they are doing and bank on the fact lots of tenants just let it go. Lack of knowledge is no excuse really for what is tantamount to theft.

I learn new things about property rental all the time (everyday's a school day) and am in the process of studying for the Technical Award in Residential Letting and Property Management (as well as managing my properties and working full time - lol what a swot) but work on the principle the more I can learn the less I will be surprised.