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Landlord won't give deposit back for claimed damages...
froggy_girl128
Posts: 1,551 Forumite
Was renting a flat for 18months, contract was signed for one year and was never renewed.
Moved out Sunday as landlord wanted to sell the property, he was out when we handed keys back so keys were given to his partner. Yesterday he sent a text claiming damages to the property, dents in laminate floor, broken toilet flush, says the walls had white tac on them and he has had to repaint them all and that the single bed is missing (this broke so was thrown out, it was really cheap but happy for him to charge us for a new single bed frame £50 at argos) we paid £50 a month extra for a fully furnished property and the furnishings were just basic ikea stuff that had been used by previous tenants.
We know the toilet flush was not broke, we would have known if it didn't work, the walls were fine as we even touched up the paint which we had marked, the floor there was one dent when the loft hatch fell down but it was hardly noticeable but there was another small one in a bedroom which was in when we moved in.
He agreed to take last 2 weeks rent out of deposit money but is now saying we owe him 2 weeks as he is keeping deposit. He has already repaired the damage he says we did so we can't view it, it is his word against ours.
Where do we stand? I think he is just trying to get us to pay for re-decorating for when he sells or rents it out again. He is refusing to speak face to face or on the phone so we can only text him.
thanks
Moved out Sunday as landlord wanted to sell the property, he was out when we handed keys back so keys were given to his partner. Yesterday he sent a text claiming damages to the property, dents in laminate floor, broken toilet flush, says the walls had white tac on them and he has had to repaint them all and that the single bed is missing (this broke so was thrown out, it was really cheap but happy for him to charge us for a new single bed frame £50 at argos) we paid £50 a month extra for a fully furnished property and the furnishings were just basic ikea stuff that had been used by previous tenants.
We know the toilet flush was not broke, we would have known if it didn't work, the walls were fine as we even touched up the paint which we had marked, the floor there was one dent when the loft hatch fell down but it was hardly noticeable but there was another small one in a bedroom which was in when we moved in.
He agreed to take last 2 weeks rent out of deposit money but is now saying we owe him 2 weeks as he is keeping deposit. He has already repaired the damage he says we did so we can't view it, it is his word against ours.
Where do we stand? I think he is just trying to get us to pay for re-decorating for when he sells or rents it out again. He is refusing to speak face to face or on the phone so we can only text him.
thanks
I have enough money to last me the rest of my life, unless I buy something
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Comments
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What proof does the landlord have that any damage was caused during your tenancy? Was there a dual-signed inventory?
Was your deposit registered with one of the three deposit-protection schemes? If so, get onto the website and claim the whole of your deposit back now. If the landlord wants to make any deductions dispute them. The onus of proof will then lie with the landlord to persuade the scheme's arbitrators of his position.0 -
Is your deposit in a tenancy deposit scheme?
If so, then get in touch with the scheme and say it's disputed.
If not (or you don't know/are in Scotland) get in touch with the housing charity Shelter, and find out how to take him to court.I'm not cynical I'm realistic
(If a link I give opens pop ups I won't know I don't use windows)0 -
I don't know if it is in the protection scheme.
He doesn't have any proof as he has 'fixed' them, my partner said he will come round to fix the damage (he is in the trade) but the landlord said he has got someone else to do it. He also says it will need a new flooring but 2 50 pence size dents could easily be repaired. We moved out Sunday night yet by yesterday it was already painted before he informed us of any of these issues so we could have got to see the flat and have him point them out. We paid rent cash each month.I have enough money to last me the rest of my life, unless I buy something0 -
Check with all three deposit-protection schemes online now: DPS, TBS and MyDeposits.
I suspect that your rent-payments are under the Revenue's radar and that the deposit was not protected.
I notice that you haven't answered the question about the check-in inventory so I am assuming that there wasn't one. Dispute all of the deductions IN WRITING and ask the landlord for documentary evidence that any damage was caused during your tenancy.0 -
if he has evidence or documentary proof, then he is not entitled to it.
pursue0 -
Surely you can go to small claims if all else fails, and get back the disputed charges? Don't be belligerent - admit to any damage you did cause, and accept charges for that.0
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jamesallen wrote: »Surely you can go to small claims if all else fails, and get back the disputed charges? Don't be belligerent - admit to any damage you did cause, and accept charges for that.
Subject of course to fair wear and tear, and also the rule that the LL cannot have betterment i.e. improve his position - he can't have the full cost of a complete brand new floor if the old one was 20 years old and on its last legs (by way of example).
Agree with other posters. Check immediately online whether the deposit was protected. Dispute everything you want to in writing. If there wasn't an inventory then there is no proof that you caused the damage.
See this post from another thread
http://forums.moneysavingexpert.com/showpost.php?p=45155118&postcount=20 -
However you end up claiming I'd suggest pointing out to the court / arbitrator that white-tac is specifically designed to be non-staining (unlike blu-tac) so they shouldn't believe that it has caused any damage unless he can provide photographic proof.0
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jamesallen wrote: »Surely you can go to small claims if all else fails, and get back the disputed charges? Don't be belligerent - admit to any damage you did cause, and accept charges for that.
I would go to small claims for the lot, and make it up to the LL to prove everything, given his behaviour....much enquiry having been made concerning a gentleman, who had quitted a company where Johnson was, and no information being obtained; at last Johnson observed, that 'he did not care to speak ill of any man behind his back, but he believed the gentleman was an attorney'.0
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