Landlord being awkward about bond - help required please!

Nuclear_Tom

Right, does this sound like an acceptable defence for the claim form?

The defendant has refused to return the claimants security deposit relating to 2 The Ridings, Priory Road, St Ives. The monies are being withheld illegitimately as they have not been justified by the defendant as explicit damage to the property. Some receipts have been made available to the claimant for withheld monies, but not for all items, and not a range of three quotations as required. All deductions related solely to reasonable wear and tear, and the monies withheld would generate substantial betterment to the property. The claimant has asked the defendant repeatedly to return the monies, and no response has been made by the defendant. The bond in question totals £1100 plus an additional 3%, totalling £1133. £311.50 has been returned to the claimant, leaving £821.50 to be returned. The claimant is also claiming 8% interest on the monies since the date they should have been returned totalling £2.11. The total amount being claimed is £823.61.

Any advice appreciated!

Hereward

I'm a bit confused: why have you increased the bond value by 3%? Shouldn't you also be asking for the application fee back as well.

lynzpower

The defendant has refused to return the claimants security deposit relating to 2 The Ridings, Priory Road, St Ives. The monies are being withheld illegitimately as they have not been justified by the defendant as explicit damage to the property. Some receipts have been made available to the claimant for withheld monies, but not for all items, and not a range of three quotations as required. All deductions related solely to reasonable wear and tear, and the monies withheld would generate substantial betterment to the property. The claimant has asked the defendant repeatedly to return the monies, and no response has been made by the defendant. The bond in question totals £1100 plus an additional 3%, totalling £1133. £311.50 has been returned to the claimant, leaving £821.50 to be returned. The claimant is also claiming 8% interest on the monies since the date they should have been returned totalling £2.11. The total amount being claimed is £823.61.

Tom

i would simply put

I have lived at the property for X months. prior to the start of the tenancy i paid X in damage bond

On moving out I asked the LL to cme and do a joint inspection to agree any reasonable deductions from the deposit. however the LL ( name him) chose to refuse this and simply asked me to rturn the keys through the door at end of tenancy.

Ll has withheld my deposit. he has stated some work and shown only one recipt for each of the listed work s ( list them)

I do not believe these deductions are lawful or reasonable.

I wish the court service to make a decision as to whether these deductions are lawful. I claim 8% at the cost of 2.11 at the court rate.

lynzpower

i agree whats that 3% for?

Nuclear_Tom

Sorry, the 3% was what was in the lease agreement regarding interest that would be paid on the bond.

I have ammended it, and the form has gone off! Thank you very much everyone.

scrummy_mummy_2

Don't forget...you may win a judgement (as I'm sure you will), but if the LL can't/won't pay you could end up chasing him through the courts for years to actually GET the money.

I've just helped my tenants take their previous LL to court for just this exact problem....of course they won the judgement, that is without question, but actually getting the money off him is a very different story! They are still chasing him for the money (through the courts) after 16 months! as he refuses to pay even with the CCJ against him. People who collect CCJ's don't give a rats....they just add another one to their collection.

Good luck, you are in for a long haul. At some point it may be appropriate to just accept he wins the money, you (or your mate) will win the judgement and put the financial loss down to experieince.
I'm not saying it is right as LL do this a lot but there is a huge discrepancy between reality and what is legally reclaimable unfortuantely.
Some people are just bad.
Your mate got caught.
Sorry my reply is gritty but that is the reality of it.