Please help re flat deposit

clutton_2

""So maybe the CCJ wouldn't affect her?"" a CCJ will screw up any attempt she makes for 6 years to even open a clothes shop account, buy a mobile phone, let alone a buy a mortgage or loan for a car or any type of borrowing whatsoever !!!!

if it was me, i would tell her that this is the risk she is running if she does not return your deposit, mind you, i always was too nice for my own good (not that you can tell from this thread !!! )

EagerLearner

Thanks guys - I'm hoping that in the next few days she will knock this on the head and it will get sorted, but we will see. Have to talk to Mr EL and see what he thinks too. I think the stress it has caused is far worse than the money itself and we will be making sure to claim for both so she learns the value of (proper and decent) communication.

Reptar_2

Good luck with getting your deposit back EagerLearner - I'm currently involved in a similar situation and found reading through this thread very useful. Rather than starting a new discussion thread, I thought I would be better served asking the few questions I have here.

Firstly, where does the burden of responsibility lie with regards to proving that the condition of the property/fixtures warranted for deductions to come from the deposit? In particular, what happens if there was no inventory taken at the outset of the tenancy?

Secondly, does the landlord have a responsibility to inform you that there is a problem with the condition of the property prior to any maintenance / cleaning / redecoration taking place? In our case we did not receive any communication from our landlord (despite regularly phoning and writing requesting updates on the return of our deposit) until 7 weeks after our tenancy ended and then we were then finally told of his intention to keep over half our deposit.

Thirdly, if the case goes to the small claims court, can interest be claimed on the withheld portion of the deposit?

clutton_2

if there is no inventory done at the beginning of the tenancy a court will usually believe the tenants side of things.

""Secondly, does the landlord have a responsibility to inform you that there is a problem with the condition of the property prior to any maintenance / cleaning / redecoration taking place"" did you not inspect the property together at the end of the Tenancy ?

a personal view - i think loss of interest is a "consequential loss" and i would be claiming it - it wont be a lot

Mrs_pbradley936

I have experience of letting flats via an agent and they always take an inventory and note the condition of walls, paintwork and furniture (saying things like "freshly painted" or "slightly worn" "fire labels present" etc. A landlord cannot charge for wear and tear and accidents can be insured against. A professional landlord gets a tax allowance of 10% per annum for furnishings. The deposit is to cover damage i.e I had one case where a tenant let a saucepan burn dry and then put the hot pan onto a formica worktop leaving a large circular burn, insurance people said wilful damage/negligence so tenant was stopped £50 from deposit. Most people are quite good with some "badun's" on either side. When some tenants leave the place is spotless when others go you have hold you nose when you go in because they have not put any bleach down the toilet or cleaned the place for months! All part and parcel of the business.

EagerLearner

In my case I can assure everyone here on MSE we really did clean up - no pinched noses in that check-out inventory, he he!

We knew she was going to be a nightmare so we left no, er, 'stone', unturned. I get the feeling she just wants as much cashback as possible, much like your landlord Reptar.

From what you say PBradely, our ex-landladys' charge for 'decoration & painting' of £150 is way OTT, not that I didn't know that already! A few scuffs, that I honestly think they caused themselves when they gutted and rennovated the bathroom.

Clutton & PBradley for landlords, I say!

clutton_2

Blush blush !!! thanks !!

for a landlord to prove damage, he has to be able to prove that it was "undamaged" when the tenant moved in. So, if there is no inventory, this "damage" cannot be proved - so it is most doubtful if any judge would award for the landlord in these circumstances.

EagerLearner

Hi all - here's the latest:

UPDATE 15:45pm 15/08/06

Here is the e-mail we finally got from the landlady today:

"Sorry for the delay but as you know from my texts to you, i have only just received information from Brockways (your chosen contractor) for the damage to the radiator.

As i told you soon after you left, the cost of the works to the property far out way your deposit.

I look forward to your offer to parks."

CENTRAL HEATING RADIATOR £97.70

BLINDS £41.97

FITTING £35.00

CLEANING £85.00

OVEN HOOD, HOB & WASHING MACHINE £35.00

WINDOWS £28.50

DECORATING £150.00

MATERIALS £58.39

CARPET £164.66

TOTAL £696.22

PLEASE NOTE: I am unsure whether work to the electric radiator would have to be certified by an electrician.
I imagine not, but if so that would be an additional cost.
=====================================================

Firstly, we did not choose the contractor, we simply helped her find one as she couldn't get her head round it.

Radiator cover - £97.70 - we should pay a cost towards this, rather than a new cover surely? It's stained but not broken or rendered unusable.

Blinds - £41.97 + £35 Fitting cost - there were minor stains on 2 blinds which we tried to remove - did NOT warrant new blinds x 3 - OR 'fitting costs'.

Cleaning - £85 - this is ridiculous - we cleaned the place top to bottom.

Oven hood, hob, washing machine - £35 - does not clarify what this is for - but poss cleaning, washing machine had a pencil mark on it when we moved in.

Windows - £28.50 - must be for cleaning - windows were not clean when we moved in - shown on inventory - plus we cleaned them all twice before checking-out.

Decorating - £150 - Ridiculous - she scuffed walls when they gutted the bathroom.

Materials - £58.39 - Doesn't even state what this is for - prob relates to decorating - equally ridiculous.

Carpet - £164.66 - She already planned to replace the carpet months before we moved, this is a horrendous charge - even if we had to pay something towards wear and tear, it'd be around £35 according to arla.co.uk.

Please can anyone help - what do we do now? Do we reply to her e-mail or write more letters?

Mrs_pbradley936

I would call her bluff she expects you to back off now. She thinks that by giving you details of a possible counter claim will make you cut your losses and move on. BUT you are not responsible for fair wear and tear nor redecorating and carpeting or costs to oven, hob etc which I would argue are maintainance (and tax allowances are made for these). The only thing I think might be reasonable is a cleaning charge if you left the place in a mess but I would want to see an invoice from a firm and not have her say she went round with a damp jay cloth for £85.

Mrs_pbradley936

Repairs to radiators are also maintainance issues. I know that because whenever one of my tenants has a problem with one or an imersion heater or boiler etc. The agent sorts it all out and deducts payments made to tradesmen from the rent they pay to me. If the law was any different the agent would be charging the tenant for repairs. There is an obligation to keep the property in an habitable condition if you are charging rent. She will be charging you for the gas inspection next!