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Disputes over rental security deposit
JJ12
Posts: 2 Newbie
Hi all, please advice us for the following matter:
We are international students who are living in UK now. We are facing the issue with our landlord over the security deposit. We rented our house with private landlord for a year. The contract has ended on 15/10/2012 and we have moved out on that day with the consent of the landlord. The landlord's employee did the checkout for us and had agreed that the room condition was good and will pay us back the deposit of £1105 within two weeks. After the two weeks, the LL still not yet return the deposit to us. So, we have politely called him back and claimed for the deposit. But the LL told us that he needed to change the carpet and repaint the room, so he needed to deduct $500 from our deposit. At first, we did not agree of the situation as we did not have the responsibility to bear both of the costs . However, the landlord started refuse to answer our call. We called him almost every day. Then, on the early November 2012, he answered our call and both the parties agreed of the refund of the deposit £605. but until now, we still not yet receive the deposit. We called him and he kept on postponed by giving unacceptable reasons. We think we have gave him enough time and should put an end on the matter. So, our questions are:
1.what is the most proper way for him to return the deposit to us?
2. as we are going back for holidays for two months, are we still eligible to claim our deposit in March 2013?
3. if he breaks the promise and does not return the deposit of £605, can we claim back our deposit of £1105?
4. shall we sue him to the courts or the situations will be an disadvantage for us as we are international students?
5. what is the next step for us? as we are international students, we are not familiar with UK's legal laws.
Thank you
We are international students who are living in UK now. We are facing the issue with our landlord over the security deposit. We rented our house with private landlord for a year. The contract has ended on 15/10/2012 and we have moved out on that day with the consent of the landlord. The landlord's employee did the checkout for us and had agreed that the room condition was good and will pay us back the deposit of £1105 within two weeks. After the two weeks, the LL still not yet return the deposit to us. So, we have politely called him back and claimed for the deposit. But the LL told us that he needed to change the carpet and repaint the room, so he needed to deduct $500 from our deposit. At first, we did not agree of the situation as we did not have the responsibility to bear both of the costs . However, the landlord started refuse to answer our call. We called him almost every day. Then, on the early November 2012, he answered our call and both the parties agreed of the refund of the deposit £605. but until now, we still not yet receive the deposit. We called him and he kept on postponed by giving unacceptable reasons. We think we have gave him enough time and should put an end on the matter. So, our questions are:
1.what is the most proper way for him to return the deposit to us?
2. as we are going back for holidays for two months, are we still eligible to claim our deposit in March 2013?
3. if he breaks the promise and does not return the deposit of £605, can we claim back our deposit of £1105?
4. shall we sue him to the courts or the situations will be an disadvantage for us as we are international students?
5. what is the next step for us? as we are international students, we are not familiar with UK's legal laws.
Thank you
0
Comments
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Please answer the following questions for further help.
Where were you living in the UK - England/Wales/Scotland ? the 'rules' may be different.
Is your deposit in a protected scheme and did you receive information about this?
How many of you were renting the house?
Did you have a joint tenancy agreement or individual ones?0 -
pmlindyloo wrote: »Please answer the following questions for further help.
Where were you living in the UK - England/Wales/Scotland ? the 'rules' may be different.
Is your deposit in a protected scheme and did you receive information about this?
How many of you were renting the house?
Did you have a joint tenancy agreement or individual ones?
Hi,
There are three of us, and we are living in UK.
We assumed that the deposit is not under the protected scheme because we have checked about it.
We had the joint tenancy agreement.0 -
Hi,
Is the tenancy an AST
Was the tenancy protected under the Tenants Deposit Scheme / where you ever notified?
What was the term of your tenancy (length of time)
The Checkout completed by the Landlord's employee, was this documented in writing?
Depending upon your anwsers, you could pursue the Landlord for falling to protect your deposit under the Tenancy Deposit Scheme.
You could write a Letter before Action - outlining your grievances.
This alone, may get the Landlord to be more reasonable.MBNA (Virgin) £6,316.12/£8,800 23.9%
BOS £8,085/ 8,100 20.9% Natwest CC /£6,380.90/ £6,400 12.9% Natwest Overdraft £5,600 :eek:0 -
Maybe you want to look at the case below which was in the court of appeal.
The case in question was Ayannuga v Swindells. In summary, the landlord protected the deposit and provided some of the Prescribed Information to the tenant. However, the landlord neglected to produce all of the relevant Prescribed Information as set out in tenancy deposit protection (TDP) law.
It turns out that the information omitted by the landlord was in fact in the public domain anyway, and could have been found easily by the tenant on their own.
That however, is not the point. In the initial case ruling the Judge sided with the landlord, but the Court of Appeal disagreed and awarded the tenant the maximum of three times the deposit sum. The landlord had to repay the deposit too, so this totaled a pay-out of 4 times the initial deposit amount to the tenant0 -
Hi,
There are three of us, and we are living in UK.
We assumed that the deposit is not under the protected scheme because we have checked about it.
We had the joint tenancy agreement.
Which country in the UK. Scottish law is different.If you've have not made a mistake, you've made nothing0
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