Help- rental dispute regarding return of bond

lollypop99

Hi everyone,

I need some advice as my previous landlady is refusing to give me any of my bond back.

I lived in the property with may partner & 2 children for 2 years and all was fine, until the landlady sent us a letter via the letting agent saying we had 3 months to find another property.

We spoke with the landlady and she advised that she sold the property she lived in and was moving back in "our" property. This was obviously her choice and i've no grievance at all with this.

The problems started follow the final inspection..

We were due to move out of the property on the 29.03.10, and had up until midnight to hand the keys back, but the agent mixed their dates up and did the inspection on the morning of the 29th, instead of the 30th, the landlady was present at the inspection and I was not as I wasn't notified of the time.

I went to the property on the 29th to finish off the work that needed doing in order for the house to be inspected. But the landlady was there and refused me entry.

I was unable to take up laminate flooring I’d put down and replace this with the original carpet & also unable to take down a £150 aerial that I fitted on the roof.

The landlady is now saying the bond should be hers in full as there was laminate flooring down?!?

The deposit is held by the DPS and I’m currently disputing this and it's going to arbitration, but was wondering if anyone could offer any advice?

To me, in basic terms I feel that the landlady has stolen from me as she's taken my goods and moved into the house on the 29th when it wasn't her's until the 30th.

jrrowleyws

Did you have an inventory detailing these things? If you did not, then the LL effectively has no proof!

N79

Arh the old no inventory = no deductions myth for the nth time today. This is good example of why it is a myth.

I'm afraid there is no need for an inventory to show that the carpet is missing.

Imagine the scene in court.

LL: "The T removed the carpet and failed to replace it at the end of the tenancy."

Judge to T: "Did you remove the carpet"

T: "Yes"

Judge to T: " Did you replace the carpet"

T: "No"

Judge awards for the missing carpet and for relaying costs plus costs of removing the laminate (less fair wear and tear for carpets age, if this can be proved by a receipt).

This one is not subjective so there are plenty of means of proving the claim that do not reply on an inventory.

N79

I missed the point about access. Could you confirm when you returned the keys to the LL or the agent and what arrangements you had for the return of the keys? Could you also confirm the exact date on which the tenancy started?

I stand by my previous post that both of these points can be proved without a tenancy but what idiot of a LL sues to have an aerial removed (assuming you safely and correctly installed it). Sounds like an enhancement to me!

princeofpounds

You are best-off putting your case in to arbitration. If you can demonstrate that you were barred from entering the property and that you had the capability and willingness to restore the condition then they might be able to rule in your favour.

You may wish to write formally to the LL via recorded delivery, outlining your version of events (briefly!) and stating that you are still willing to restore the condition despite her obstruction and that you would be happy to go to a mediation process to find a solution to be able to do so. If she replies in the negative or does not reply it does not look good for her at arbitration.

Finally, it is up to the landlord to prove the initial condition and the alterations took place, and to evidence the cost of repair. Reading the case bulletins will give you a feel for how these things are decided.

http://www.idrs.ltd.uk/Exit/documents/TDSCaseStudyBulletin714April08.pdf

Of course the best thing you could have done at the time was demand access or threaten to report the landlady for illegal eviction, which is a criminal offence. The idea being not to prosecute the offence, but to secure re-entry. That's a bit tenuous right now unfortunately as you surrendered the property that or the next day.

lollypop99

Hi,

Thanks for all your replies.

basically the LL said it was okay for us to get a dog, so we made the choice to take the carpet up in the hall way and re-lay it when moving out, muddy paw prints & muddy pushchair wheel marks were obviously going do damage to the carpet.

There is an inventory and it clearly shows there been a carpet fitted, and this is my point, if the inspection has been done on the correct date there would have been a carpet down. I arrived at the property at about 10:30am to start the repair work and had up until midnight to hand the keys back, the LA simply wanted the keys posting at their offices.

The inspection took place around 10am and when I arrived the agent was leaving (by pure chance), I entered the property and spoke with the LL, she outlined her concerns about what needed doing and the fact I wouldn't get any of my deposit back, I pointed out that the property was mine until midnight, and she advised me that wouldn't be possible, as she had a removal van ready to arrive at mid-day to move her belongings into the property.

I left the property and contacted the agent, who spoke with the LL about me coming to the property and completing the repair work, the LL told the estate agent she wouldn't allow me entry, and the estate agent relayed the message for me, I hope that constitutes as a witness?

As for a moving in date it was the 30.04.08.

sooz

What date did you move in on?

Sorry - just realised you started on 30 th.

Do you still have the original carpet? And certainly try to get the agents to back up your story in writing

lollypop99

It's a really nice woman called Sue that I've been dealing with at the LA, so i'm sure i'll have no problem getting it in writing.

The LA has pretty much confirmed to me that the LL is making unreasonable demands.

taking into account the fact this is going to arbitration, would you say this would be grounds enough to claim that that the bond should be refunded to me in full?

sooz

Get the LA to put it in writing, & certainly take it to dispute.

Did the LL take the keys off you when she refused to let you back in on 29th?

Had you finished taking everything from the property, apart from you laminate & aerial?

How much was your deposit? Have you had any quotes from the LL for the 'new' carpet? What did the inventory state about the age & state of this carpet? And do you still have it - could you offer to return it?







[Where is pyuerk when you need him? I'm sure he'll jump in soon muttering about illegal eviction ]

N79

sooz wrote: »

Get the LA to put it in writing, & certainly take it to dispute.

Did the LL take the keys off you when she refused to let you back in on 29th?

Had you finished taking everything from the property, apart from you laminate & aerial?

How much was your deposit? Have you had any quotes from the LL for the 'new' carpet? What did the inventory state about the age & state of this carpet? And do you still have it - could you offer to return it?








[Where is pyuerk when you need him? I'm sure he'll jump in soon muttering about illegal eviction ]

I asked about the keys earlier and I agree that it is the "key" to understanding the OPs position.:D

lollypop99

Good pun

OMG, just did the longest response and it said I needed to re-log in and deleted my original message...so he's a summary..

Bond was £650, she wants to claim this all back to re-fit a hallway carpet, which I know she will not do as the laminate is high quality and looks 100% better than the carpet, also they've got 2 massive dogs.

Carpet is in my mother-in-law garage but damp has got to it, but should look okay after a clean. The carpet was brand new when we moved in (used for about 6 months before replacing)

regarding the keys. I handed 1 set back to the LA, the other set was in the property with the outhouse key, when the "took possession". They’ve since denied this.

Everything else was removed.