Deposit Refund Refusal

EvilDes

Hi there,

I hope someone can offer me advice and help me out yet again. Once again I have a problem with a deposit (you may remember I was the one who had the apparant fake money in my deposit for my new property - I'm not really havig much luck am I?).

Well anyways, here's the story, and I'll try and explain as much as I can, so bear with me.

Myself and my girlfriend used to live in a ground floor modern apartment. It was our first place together and it was going quite well. Until some complete prat moved in above us and wasn't very courtious with the amount of noise he made. Plus the above property had laminate flooring, which was forbidden in the buildings rules. So of course we complained about the level of noise to both our landlady, and to the company that owned the building. But nothing got done by either. The noise was constant, and to this day we can't figure out how people can make so much noise constantly, through the night and through the day, as everybody has to sleep.

Anyway, in the end we got so fed up, we spotted a new property which is the one we are in now. We had 2 months remaining on our contract and was certain we would be moving out come the end of it. But my girlfriend spotted the new place, which was absolutely perfect for us (a house with a garage, a drive, only round the corner so no major changes in regards to getting to work and was only £45 more than what we were paying per month for the apartment.

So, on the offchance we phoned our landlady and asked if it was possible to end our contract early. She was actually very understanding and because we had been good tenants agreed to us leaving on a certain date. We paid an extra 2 weeks rent for the amount of time we were in the apartment over the last months rent, and left on a certain date. We did ask if it would affect our deposit, and was told that it shouldn't do providing the property was in the same state as when we first moved in.

Of course, when we left, the place was cleaned top to bottom, even though it was clean anyway (we take pride in where we live, even if it is rented). The only thing she noted on the day of moving out was a couple of bulbs were gone, so I said I'd buy some more for her to replce them, which I have done.

However, a month and a half later, we've been informed that we won't be getting our deposit back (£550) because she hasn't got anybody else to move in yet, so she's losing money up to when our contract was due to finish (June).

Now, personally, I feel this to be totally unfair, and yes I know we left earlier than the contract was up until, but we wouldn't have done if we knew that our deposit rested on someone else moving in. £550 is alot of money to us, and we have bills to pay off which it would prove to be very handy for.

I've had a read of our contract (have it with me now) and this is what it says regarding the deposit:

The deposit as specified shall be paid by the tenant on the signing of this agreement and is to be held by the landlords agent as stakeholder as security against the tenants failure to pay the rent or non performance of his obligations laid down within this agreement. This includes any breach by the tenant of his obligations as to the cleaning of the premises, the cleaning of any fixtures and the return of all keys.

The deposit is not to be used by the tenant towards the final rent payment. The deposit will be returned to the tenant within 28 days of the termination of the tenancy and the vacation of the premises.

So, before I phone them up and try to argue our case, do I actually have a leg to stand on? She did agree to terminate the contract early, and we've never missed a payment, caused any kind of trouble, and by her own admission we were excellent tenants. But I really do need the deposit money back as it may well leave us very short of money for the next month or so.

Thank you for reading once again, I hope I haven't bored you too much! And I look forward to some good news from you hopefully!

Many thanks,

Des

EvilDes

Oh, and just one more thing. The landlady is dealing through a person who used to own a letting agency, but sold up. They still look after a few properties for some of their former landlords who were with them then, and they are the people who drew up the contracts for the landlady.

I dont think this will make any difference, but our landlady said after telling us that we wont be getting our deposit back, that if we wish to discuss it any further, and for a further explanation of why we wont be getting it back, to contact this lady who looks after her property.

So, before I phoned, that's why I thought I would ask your advice on here, as before you were very helpful!

Thanks again,

Des

lynzpower

Des,

the importatnt thing here is a) did she give you anything in writing ( even an email) to say she was happy you moved out. Without this, you WILL be liable for the rent till the end of the term .How much is this?

Guy_Montag

Unfortunately you didn't get any of this in writing did you? So it's your word against hers. Though she does have a duty to mitigate her losses.

Sorry, but unless you have something in writing there's not much you can do.

Though just because you don't have legal right, it doesn't mean that pester power won't work.

EvilDes

I had a horrible feeling this would be the case. Unfortunately no, we did not get anything in writing from the landlady.

She is not asking for anymore money for the rest of the contract (which would be 2 weeks rent when June comes), but I was hoping that because of the wording of the contract, we could argue the case that because she agreed to terminate the contract early the deposit would be unaffected.

Also, the fact that we were not able to live in peace whilst in the property may have helped, and the fact she did nothing to help sort it out.

If I was to phone the landlady's agent and put these points accross do you think it would have any leeway in our battle to regain our deposit?

real1314

Unfortunately I'd agree with the others. Morally (and legally) she should pay you the deposit, however, based on what you've said, you won't be able to provide any evidence that she agreed to an early termination of contract.

I'd perhaps send something in writing and recorded to the "agent" stating that as she had agreed to terminating the contract early, and had also agreed that you would have your deposit returned, subject to the satisfactory state of the property, you would like it to be returned within 7 days.

I'd not say any more than that at this stage, however the fact that you bought replacement bulbs does back up your side of things and could be introduced if the reply is not satisfactory. I wouldn't mention this in the first letter though.

let us all know how you go on.

EvilDes

I think I'm going to phone the agent in the morning and see what she has to say about the whole situation.

Besides, if our landlady never agreed to terminate the contract early, would she not now be persuing legal action to get any monies owed off us? Surely the fact she hasn't done this is also testament to the fact there was an agreement to end the contract early?

Nevermind, I shall see what's said tomorrow and report back!

Thanks for the replies people, it's certainly given me some more info to ensure I dont say the wrong thing!

Thanks!

Des

franklee

Guy_Montag wrote: »

Unfortunately you didn't get any of this in writing did you? So it's your word against hers. Though she does have a duty to mitigate her losses.

Indeed so. EvilDes have you checked that the landlady is mitigating her loss? Specifically is the property advertised for letting? Is all that's possible being done to find tenants? Is the rent reasonable? Is the property in the same good condition you left it or has any work been done. Make sure it isn't occupied by a fried or relative. Why hasn't it been let after a month and a half? Why is there an expectation it won't be let till June? etc. etc.

As already said you should have got the agreement to leave early in writing. Write it all up now in as much detail as possible, dates/times/who you spoke to/what was said and send it to the landlady. It may well be that if you note it accurately enough she won't have the gall to challenge it. Worth a try? I notice you are still wanting to do things by phone but the sooner you start putting it in writing the stronger your case will be. If it's all by phone then you will not have a leg to stand on. Write it down now.

EvilDes

Hi Franklee,

She has readvertised the property for letting (well, her agent has). We had a few people come to view the property whilst we were actually still there, as we gave her plenty of notice. Apparantly one of the couples that came to view the property really wanted it and put in application forms and paid for the credit checks to be done. Then nothing came from them, even though they passed (this is what we were told by the landlady when we phoned her up asking if there was any post). The property is in the same (if not cleaner) condition than when we moved in. The rent is a reasonable price also.

Can I ask though, in these terms, what exactly is meant by her mitigating her losses?

The reason I wanted to phone was because our landlady said if we wanted to have more details as to why the deposit was not being refunded to call her agent. In other words, she doesn't want to speak to us anymore was the impression I got. So I thought if I had all the knowledge possible, I could challenge anything when it comes to the phonecall for finding out the reasoning.

I will write down everything that's happened, and the dates we left, and how long she had to find tenants etc, so it's all documented.

Thanks for the help!

maninthestreet

If you do get this deposot money back, and it's given to you in cash, please check the notes carefully - especially if they are Scottish notes.

pinkshoes

You made a verbal agreement with your landlady about terminating the contract early, and given that she accepted your payment for the final 2 weeks of rent, then although you don't have it in writing, why on earth would she accept this payment if she hadn't agreed?!?!

I think it's morally wrong of her to go back on what she agreed to.

The deposit is not to be used by the tenant towards the final rent payment.

ok, so according to her own contract, she has to give you the deposit back as it's not to be used towards the final rent payment...

I would also address the issue of noise, as it's her responsibility, as landlady, to sort out any problems. If the flat above has laminate flooring (illegal in most conversion flats or where their isn't reinforced concrete floor), then it is her obligation to chase this issue up and sort it out. Maybe she should be claiming the extra rent from the person who owns the flat above?!?!

Anyway, good luck with this. I hope you get your deposit back, as it's very unfair of her to keep it.

If she keeps it, then maybe make it your duty to inform all potential tenants of that flat about the noise issue... it's only fair! i would be FURIOUS if I rented a flat, only to find out that the owner knew about a noise problem!!