Landlord being awkward about bond - help required please!

Nuclear_Tom

Right, first off this is for a close friend of mine, but I'm sure MSEs will be able to come up trumps!

My friend had a 12 month rent agreement, and a £1100 odd bond. He decided he didn't want to stay there with a new agreement at the end of the 12 months, so 6 weeks prior to the end of agreement, he wrote to his landlord asking to arrange a joint inspection of the flat, and letting him know he would be moving out on the day of the end of agreement.

The letter he received simply said "thanks for your letter, simply post the keys back through the letterbox".

He sent another letter asking for a joint inspection, but he did not get a reply, so when he vacated he posted the keys back through as asked.

He sent the landlord a letter asking how the bond would be repaid, and he was sent a cheque less about £800 of deductions for silly things like a replacement bathroom suite due to lack of cleaning, £300 odd for cleaning, new mattress etc. All off it with "supporting receipts", but the flat was in very good order when he left.

So where does he stand about getting the rest of his bond back? Any help or legal advice greatly appreciated. :beer:

Alan_M_2

Usual story, just issue through small claims court don't waste time with letters etc

lynzpower

I take it hes got the letters and everything stating to post the keys back through the letterbox? they will be useful in court.

Yes, issue a claim for it back via the Small Claims track is what he should do Tom.

going2die_rich

I believe you can request to see the quotes from him for these jobs. As I understand it he has to provide 3 quotes for the jobs.

I'd personally just go and knock on his door and have a quiet word about getting my bond back

maninthestreet

"...replacement bathroom suite due to lack of cleaning"

I'd Like to see the landlord try to justify that in court.

lynzpower

maninthestreet wrote:

"...replacement bathroom suite due to lack of cleaning"

I'd Like to see the landlord try to justify that in court.

me too. Moneygrabbing of the worst kind.

Its this sort of behaviour that gives decent landlords a bad name.

Get your mate to court pronto Tom. No point in hanging about.

Additionally dont forget to investigate ( ie sask the court) he can get 8% interest added onto this for each day that the LL has kept his money unlawfully. this might add only a couple of quid onto the claim but Im fairly certain the LL will not know whats hit him ( er its called justice!) when he sees this come through the door.

Nuclear_Tom

Ok, thanks for the advice so far people. I thought small claims would be the only option. He has sent 3 letters now asking for money back, and a letter saying he would use the courts to get the money back to no avail.

Legally, does the ll have to carry out a joint inspection? Whats the score with repairs?

Just want to get the legalities straight for the claim form.

lazy_girl

what a pain.

yeah, everyone has said what i was going to say - small claims court, via the MoneyClaim website. will cost your mate 80 quid to do it, but when he wins (not if!) he'll be able to claim that back.

those letters sent and received will stand him in good stead with the judge and the deductions are frankly ludicrous. no way will he lose.

get it done asap, as the process may take a while.

eta: afaik, there doesn't have to be a joint inspection (what does the contract say?) but the fact there wasn't one doesn't look good for the LL's claims.

about repairs: the charges must reflect the actual costs involved in "making good" any damage. they CANNOT, by law, include betterment - i.e. replacing bathroom suites, which were merely dirty, where a cleaner would have "made good" the problem.

lynzpower

As far as I understand it, no, no inspection needs to take place. However if the LL had chosen to do one with the tenant, the tenant vcoud have an independent person with, or (as we did) have the boroughs private lettings officer come round.

our LL was a moneygrabbing witch and the things she was pointing out were frankly ridiculous what she was going to charge us for and the private lettings officer was saying "not legal" "not enforceable" "unreasonable" :T after her up the stairs, as she was pointing out frankly ridiculous stuff like a dead plant in the garden.

every landlord should expect fair wear & tear. its explicit DAMAGE only that can be charged fo, not wear & tear.

Nuclear_Tom

There was certainly no explicit damage, none. Will get him to file a moneyclaim.gov claim tomorrow without delay!

Thanks for your help everyone.

lynzpower

keep us informed, I suspect theres gonig to be happy ending to this one