Landlord withholding desosit -HELP

bertieb_3

Not sure if anyone can help me. Rented a room from a friend of a friend back in Feb. All very casual, and we agreed a 12 week period. My FOAF originally said that she'd draw up a temporary letting contract (as she runs a company that does this), although nothing was forthcoming.
I offered to put down a month's rent as 'holding' deposit (£435) to secure the room. Having originally agreed to £100 pw plus bills, she then changed it £108 plus bills. I didn't quibble and just paid up. To be honest I've hardly been there; 3 nights a week maximum, but I've paid half of the bills, again without quibbling.
I gave her 4 weeks notice 3 weeks ago (via an email) and explained that she could use the 'holding' deposit as the last month's rent. I didn't hear anything from her and didn't go back to the room as I was staying with my partner during that time. I eventually heard back 7days later. She was annoyed that I had asked her to use the holding deposit as rent, and told me that she usually keeps this until the keys are handed back and the room checked. I replied and explained that I hadn't heard from her and so presumed that she was happy to keep the holding deposit.

The long and short is that I paid her the now 'damage' deposit. I went and collected my things last week and notice that i had left a couple of marks on a chest of drawers. There was no inventory but I have offered to have the damage rectified (a quote of £120), but I'm getting little response from her. She doesn't answer phone calls so can't actually have a proper conversation with her. The most annoying thing is, that although she lives in the house where I rented a room, she has her own property letting company so should have an idea of how things work.

Can anyone tell me what I should do from here? I am loathed to write off £435 and I have loads of email evidence to back up my story. :mad:

BitterAndTwisted

Four week's notice when you're a lodger is being pretty decent, I would say. Just let her offset any rent owed against your deposit. Unless there was a dual-signed inventory of the room and all its contents when you moved in I'd say she was in a pretty weak position to demand anything towards the damage you caused unless you wanted to do the decent thing and pay for it.

G_M

Your only options are o walk away, or to pursue the deposit!

Write to her asking for the deposit to be returned in full within 7 days. Request that if she wishes to withold any or all of the deposit, she should
a) forward details of the damage
b) forward evidence (ie check-in inventory/photographs) that the damage was not there when you moved in
c) forward quotes/receipts for the repairs

Failing this you will go to the Small Claims Court.

jjlandlord

A 'holding' deposit is used to hold the room/property until you and landlord have drawn a proper contract. It is not to be used a security against damage and is generally offset against rent/security deposit once tenancy/lodging starts.

You should have deducted this 'holding' deposit from your rent and move out.

Benji

jjlandlord wrote: »

A 'holding' deposit is used to hold the room/property until you and landlord have drawn a proper contract. It is not to be used a security against damage and is generally offset against rent/security deposit once tenancy/lodging starts.

Agreed in point of law, but in the ops situation...

G_M wrote: »

Your only options are to walk away, or to pursue the deposit!

Write to her asking for the deposit to be returned in full within 7 days. Request that if she wishes to withold any or all of the deposit, she should
a) forward details of the damage
b) forward evidence (ie check-in inventory/photographs) that the damage was not there when you moved in
c) forward quotes/receipts for the repairs

Failing this you will go to the Small Claims Court.

Agreed, for claims like this the British Court Service is neither too complicated nor too expensive - indeed many people can get court costs waived (google ex160a). Although it isn't over complex, it does need a certain amount of background knowledge to do it well, and a book on the processes involved would be a sensible read. Most libraries will have multiple such books (get as up to date as possible, though it doesn't change much) or, of course, there is always Amazon.

jjlandlord

Benji wrote: »

Agreed in point of law, but in the ops situation...

Well G_M had already given good advice on how to resolve the current situation, so I gave input on avoiding a repeat .