Help Please - My Landlord will not let me have my deposit back - read the reasons why

pincey

Hi All

Please could you read this and let me know if I am in the wrong because I am getting nowhere with my landlord.

I have rented the house for 2 years and gave more notice than required to leave the property. The landlord was not happy as they knew they had a good tenant who gave them no problems, paid on time every month etc. Anyway, I was more than accomodating letting new tenants and estate agents view the property at all times etc and moved out leaving the house spotless - even cleaner than when i moved in.

The landlord went through a check with me and picked up on the following items.

Doormat worn - I had to replace
Dusty lampshades - i washed them thoroughly
The lightbulb in the bathroom was not as big as the one that was in there when i moved in!
5 curtain hooks missing from the back of the curtains in the living room! Can you believe they actually counted the curtain hooks! For all i know these were missing when i moved in - i have replaced these.
Front door handle loose - it has worked its way loose over 2 years of use
The sealant round the bath is coming away and has mildew stains on - wants me to replace
the roller blind in the bathroom which was old and tatty when i took on the tenancy has damp stains on (its plastic so never dries out) and the cord had fallen off as the clip was rusty. wants me to replace. - i have bought a new cord
oh - and there are not enough curtain hooks on the bedroom curtains
and there is grass in the borders of the garden

CAN YOU BELIEVE THIS? Any advice on how I go about getting my money back?

Many thanks

olly300

Did you get given a detailed inventory when you moved in? An inventory that not only lists what is in the property but the condition of it?

When did you move out? And what does your contract state about how long the landlord will take to return the deposit?

silvercar

How much was your deposit and how much has the landlord offered to return?

eek

I can believe it and he probably doesn't have the money to repay you.

Your options are walking away or taking him to court. Point him at https://www.moneyclaim.gov.uk and tell him that unless the money is in your account within 2 weeks you will start proceedings.

Guy_Montag

Doormat worn - Fair wear & tear, no need to replace.
Dusty lampshades - If you cleaned them to the standard they were in the check in inventory then he has no right to charge you
The lightbulb in the bathroom was not as big as the one that was in there when i moved in! Is this confirmed by the check in inventory
5 curtain hooks missing from the back of the curtains in the living room! Is this confirmed by the check in inventory

Front door handle loose - tighten it if it's just a couple of screws
The sealant round the bath is coming away and has mildew stains on - Fair wear & tear, no need to replace.

the roller blind in the bathroom which was old and tatty when i took on the tenancy has damp stains on (its plastic so never dries out) and the cord had fallen off as the clip was rusty. Fair wear & tear, no need to replace.

You might find this useful:
http://www.oft.gov.uk/shared_oft/reports/unfair_contract_terms/oft356.pdf

Letter 1: detailing (as above (ish)) why you are not required to cover these charges quote from the OFT guidelines. Explain that you expect your deposit to be returned in full (or whatever proportion you feel is fair) within seven days or you will be taking further action - do not specify what.

Letter 2: sent recorded post seven days later - saying that if you do not receive your deposit in full withing a further seven days you will begin proceedings in the small claims court.

Then begin proceedings - come back here for advice.

Keep copies of everything - make sure you have your tenancy agreement & check in inventory (if there is one).


Good luck.

snowmaid

We are hoping to buy a house and will have to give notice in the house we are in. When we moved in I had a person come round from the letting agency who did an inventory list with us present. This list was emailed to the owner as well as to me, direct from the agent. The owner decided to handle the collection of rentals themselves and we have been paying the rent direct to them since.

My question is this, we have been there for 2 years and 9 months. When we moved in there were already stains on the carpets, but to be honest we there are some marks which were made by my boy spilling and forgetting to say anything! (He's 8) :rolleyes: Would we have to replace the carpeting even if it was already stained?

Further, as far as I am aware the owner never signed the inventory as it was emailed to them. Will this inventory stand up? In it is detailed that there were marks on carpets, stains on blinds, water mark on ceiling etc.

mrstinchcombe

Doesn't the thousands he/she made from you in rental income and the tens of thousands he/she made in the increase in "value" of the property in that time count for nothing?

Another BTL Cowboy!

Guy_Montag

snowmaid wrote: »

We are hoping to buy a house and will have to give notice in the house we are in. When we moved in I had a person come round from the letting agency who did an inventory list with us present. This list was emailed to the owner as well as to me, direct from the agent. The owner decided to handle the collection of rentals themselves and we have been paying the rent direct to them since.

My question is this, we have been there for 2 years and 9 months. When we moved in there were already stains on the carpets, but to be honest we there are some marks which were made by my boy spilling and forgetting to say anything! (He's 8) :rolleyes: Would we have to replace the carpeting even if it was already stained?

Further, as far as I am aware the owner never signed the inventory as it was emailed to them. Will this inventory stand up? In it is detailed that there were marks on carpets, stains on blinds, water mark on ceiling etc.

You've been there for almost three years, that allows for a lot of wear & tear (much more than a six month AST), & the carpet was already marked (place sounds a bit crappy really). If you did have to replace the carpet, you'd only have to replace it with one like it was when you moved in, but three years older. So you're looking at having to buy something like a five year old stained carpet... :rotfl:

The inventory is really there to protect the landlord, he can't prove any damage if there's no inventory. If he had any issues he should have raised them at the time, so it doesn't matter to you.

Bun

So half of the things he is complaining about were in the inventory anyway? It sounds as if all of this could be remedied for about a tenner in Wilkos - I can't see him winning in court when he is trying to charge you tens of pounds per curtain hook. Send letter as described, and if you have not paid your last month rent yet, outline what you are going to do in advance and pay the cost of repairs only. Good luck

snowmaid

Guy_Montag wrote: »

You've been there for almost three years, that allows for a lot of wear & tear (much more than a six month AST), & the carpet was already marked (place sounds a bit crappy really). If you did have to replace the carpet, you'd only have to replace it with one like it was when you moved in, but three years older. So you're looking at having to buy something like a five year old stained carpet... :rotfl:

The inventory is really there to protect the landlord, he can't prove any damage if there's no inventory. If he had any issues he should have raised them at the time, so it doesn't matter to you.

Thought the inventory was there to protect the tenant too?? So that after the tenancy the LL cannot come along and say such and such was in the house when it wasn't or that something is broken when it was broken when you moved in anyway!

snowmaid

Guy_Montag wrote: »

You've been there for almost three years, that allows for a lot of wear & tear (much more than a six month AST), & the carpet was already marked (place sounds a bit crappy really). If you did have to replace the carpet, you'd only have to replace it with one like it was when you moved in, but three years older. So you're looking at having to buy something like a five year old stained carpet... :rotfl:

I purposely took a place that had marks etc and faults. I have 3 kids and kids do spill etc! If I had taken a spic and span one, everything in place it could have cost a fortune! :rolleyes: