Please help re flat deposit

musey

I agree with pbradley936 filing a claim online is simple, easy and saves queuing at the court. I would type the details out in word and then copy & paste 'em onto the form that way you keep a record of what you typed although unless I am mistaken you get a copy from the court also. The hearing will be held in her local county court so if she lives in your home town that makes it easier for travel purposes.

I would ask in the hearing (if it gets that far) that she be directed to give you her correct address as pursuing her for the money after judgement could be more difficult if you do not have this.

EagerLearner

Thanks all :T - we will send letter #3 tomorrow and then file the claim online on the 24th if no answer.

I will rifle through cupboards later as I know we have Rescue Remedy somewhere - but in the interim, a custard or lemon tart will help greatly.

Mrs_pbradley936

Hello again,

Try a few sentences such as the following on your Court form

The claim is brought due to failure to return a rental deposit relating to an Assured Shorthold Tenancy Agreement. I have made several requests for payment to no avail. Instead I am presented with purported expenses which even if genuinely incurred are in relation to wear and tear and maintenance issues and therefore not my responsibility.

You can then go on the give details of the date you moved in etc. but basically you need to put your case as simply as possible.

irnbru_2

pbradley936 wrote:

basically you need to put your case as simply as possible.

... and then win it ...

EagerLearner

I have put together the following to date for the court papers - any comments welcome:

Costs claimed by tenants:

£625 Deposit amount
£80 Court Filing Fee
£45 3 hours of calls to Letting Agent, Shelter, CAB etc
£30 2 hours of travel to letting agent, estate agents etc in lunch hours
£30 2 hours off work to attend neutral Estate Agents for advice
£30 2 hours writing e-mails
£8 Special delivery
£2 1st class postage.
£15 Cleaning costs during bathroom installation & disturbance of quiet enjoyment

TOTAL Claimed: £865


Summary:

The claim is brought due to failure of the landlord to return a rental deposit relating to an Assured Shorthold Tenancy Agreement. We have made several requests for the return of deposit, to no avail. Instead we have been presented with purported expenses lacking in detail, which even if genuinely incurred, are in relation to pre-existing condition of the property, or wear and tear and maintenance issues during 2 years of tenancy. We believe the landlord is attempting betterment of her property with our deposit funds.

• We moved into x address on 29th April 2006.

• We paid £540 rent in advance and paid £625 deposit (receipt attached)

• A check-in inventory was produced) (copy attached)

• We paid rent on time every month for the 2 years via Standing Order

• During the last 3 weeks of our tenancy, bathroom works were carried out by landlord which left cleaning to be done and disturbed our quiet enjoyment of the property.

• At least 4 weeks before we moved out, the landlord stated she was going to replace all the carpets in the flat as they were ‘old and dated’.

• At least 4 weeks before we moved out the landlord had stated she was going to modernize and ‘bring the flat up to date’ so it would be ‘more appealing to young people’.

• We were given notice on xxxxx as the landlord wished to let the flat privately

• We checked-out on 4th June 2006, having fully cleaned the property and returned keys

• We asked the letting agent to be present at the departure inventory but were refused

• We have written 3 letters to the Landlord and 6 texts since 4th June 2006 but have still not had our deposit back.

• The only address Landlord and Letting Agent would supply us with was a c/o address which also happens to be the address for one of the invoices she has submitted.



• The landlady has sent us a breakdown of proposed costs (copy attached), many of the claimed deductions are for items which were present on our original check-in inventory, and the remainder of her proposed costs we consider to be down to fair wear and tear as no purposeful damage was done to the property during our 2 years of tenancy.


Costs claimed by landlord:


1. CENTRAL HEATING RADIATOR COVER £97.70

2. BLINDS x 3 £41.97

3. FITTING BLINDS £35.00

4. CLEANING £85.00

5. OVEN HOOD, HOB & WASHING MACHINE £35.00

6. WINDOWS £28.50

7. DECORATING £150.00

8. MATERIALS £58.39

9. CARPET £164.66

TOTAL £696.22



Comments:

Item 1 – Cosmetic damage to Radiator Cover - £97.70
See our proposed fair wear and tear charge towards cost of new radiator grille/cover due to an unintentional cosmetic mark. Radiator was not broken or rendered unusable.

Item 2 – Cosmetic damage to Blinds - £41.97
See our proposed fair wear and tea charge towards replacing two blinds with small cosmetic stains (which we did our best to remove), but not broken or rendered unusable.

Item 3 – Fitting new blinds - £35
Cost rejected as new blinds were not warranted.

Item 4 – Cleaning - £65
Costs rejected as cleaning was carried out thoroughly at check-out - various scourers, bathroom cleaner, surface cleaner, oven and window cleaner detergents were used.

Item 5 – Kitchen items - £35
Cost rejected and no description presented of reason for £35 charge. Washing machine was marked but this was stated on initial inventory. Small drip marks left above hob were unintentional.

Item 6 – Windows - £28.50
Costs rejected as window cleaning was carried out thoroughly at check-out. Please note that on initial inventory we stated windows were not clean, however, we did clean them thoroughly on check-out.



Item 7 – Decorating - £150
Rejected – landlord had previously stated intentions to modernize the flat prior to our checking-out. We did not damage decoration at the property during 2 year tenancy, only fair wear and tear was incurred.


Item 8 – Materials - £58.39
Rejected – landlord had previously stated intentions to modernize the flat prior to our checking-out. We did not damage decoration at the property during 2 year tenancy, only fair wear and tear was incurred.

Note: Decorating invoice was presented by Gloria Clarke, who is also the c/o addressee on our tenancy agreement.

Item 9 – Carpet - £164.66
Rejected – landlord had previously stated intentions to modernize the flat & install new carpets prior to our checking-out. Carpet stains and carpet existing wear were mentioned on our original check-in inventory. We did not damage carpet at the property during 2 year tenancy, only fair wear and tear was incurred.



We dispute all claimed costs presented by the landlord as no damage was caused at the property, apart from the following 2 items:

Radiator cover - cosmetic damage only:

We feel there was no need to buy a brand new radiator cover, however allowing for the radiator being at least 10 years old, we propose to pay 10% towards the cost of the new radiator cover (£9.70)
Allowing for the radiator being at least 5 years old, we propose to pay 20% towards the cost of the new radiator cover (£19.40)


Blinds – cosmetic damage only:

We feel there was no need to buy brand new blinds, we propose to pay 10% towards the cost of 2 new blinds £12.99 each (£1.29 x 2 = £2.58)

irnbru_2

EagerLearner wrote:

• We moved into x address on 29th April 2006.

2004 surely ?

Mrs_pbradley936

Hello again,

Only give details of what you are claiming. DO NOT DO HER DEFENCE FOR HER.
The gist of what you say is good but remember if you file online put "copy available". Do not say that the landlord failed to give back the deposit ( Do not anticipate what the court should do) I would make sure to say that you paid your money to the agent acting on her behalf. Then it is for the court to say if it is the responsibility of the agent or the landlady to pay you back. I would also leave out the bit about the landlady's address.

Mrs_pbradley936

Sorry hit the button too soon. Keep the bit about what she says she is after if you have to answer her defence. After she gets a copy of what you say she can defend it by issuing details of her counter claim then will be the time for you to rubbish it but I say again do not do her work for her.

EagerLearner

irnbru wrote:

2004 surely ?

Thanks Irnbru - have corrected that straight-away :T

EagerLearner

pbradley936 wrote:

Sorry hit the button too soon. Keep the bit about what she says she is after if you have to answer her defence. After she gets a copy of what you say she can defend it by issuing details of her counter claim then will be the time for you to rubbish it but I say again do not do her work for her.

Thanks Pbradley - it's all new to us so it's great to have everyone's input and help - can I ask that you let me know exactly what we should take out as it's confusing to me at the mo - have read it too many times I think!