My former landlord sent me a false bill in the deposit deductions

Ricardo1980

Hello,

After deposit deductions, my landlord sent me a big bill due to dry cleaners, about cleaning the carpet.
In that bill only appears the price, not the details.
So, I went to that place to ask for the details, they showed me the details and I was surprised, it was something completely unrelated. In other words, my landlord tricked me totally.
However, the shop refused to gave me those details to avoid problems (something I understand).

How should I manage this situation? I am the person who paid (in the deposit deductions), so I think I have the right to have that information and use it in a small claim against him.

Is there anyway I could force the shop or landlord to give me the details? I know if I call the landlord he is not going to give me that information, even he is legally forced, because clearly demonstrates he is a liar.

Is that an offense (sending a false bill or charge something completely unrelated)? (I guess so), how important?

Thanks a lot for your suggestions.

anselld

Did you agree to the deductions via the Deposit scheme?

Ricardo1980

I was a lodger (protection schemes or tenancy laws don't apply), he sent me the deductions by email and I didn't agree. Of course he didn't care and took the money from my deposit and transferred the rest.
I'm going to start a small claim for unfair deductions and then I discovered this. I cannot believe it.

[Deleted User]

There must be a reason you accepted this deduction from your deposit? Was the carpet needing cleaning? Did the bill cause you to accept a higher charge for the cleaning than u would otherwise?

Was the deposit protected?

Why did you agree the deduction?

Have you disputed the deposit deductions?

I am afraid normally deposit deductions are for damaged caused by a tenant. The LL can present, say, an estimate, have that amount agreed but never act on the estimate quite legally. Its for damage which is usually assumed to be the cost of repairs, replacement or cleaning. Doesn't matter if the LL then carries out the repairs etc.

So if you agreed there was a need for cleaning.., agreed to pay a bill, but the estimate never became fact.., (or was a bill for something else) .., you still agreed at the time that this was a reasonable charge for the damage etc. So the LL could take the money off the deposit legally.

If you never agreed this, the money was just taken, and the LL has no proof of damage or you dispute the damage/need for cleaning then you need to open a deposit dispute with whoever is protecting the deposit, depending on whether the deposit is still lodged in a protection scheme or not.

Otherwise its a civil court case, but if you agreed the amount of deductions, you probably will lose.

OK (just read update, most of above is not relevant as deposit won't need protecting if you were a lodger), I assume the LL lived on the premises?

If you never agreed the amount, took photos of room on entry and leaving.., and have proof it wasn't damaged in the way the LL said, then you have a case to be decided. If you don't, does the LL have proof of the damage?

If he doesn't you may still have a chance of winning.

But then you've got to get the money out of him. Winning a case is half the battle.

McKneff

How much are you talking about here please.

McKneff

deannatrois wrote: »

There must be a reason you accepted this deduction from your deposit? Was the carpet needing cleaning? Did the bill cause you to accept a higher charge for the cleaning than u would otherwise?

Was the deposit protected?

Why did you agree the deduction.

I am afraid normally deposit deductions are for damaged caused by a tenant. The LL can present, say, an estimate, have that amount agreed but never act on the estimate quite legally. Its for damage which is usually assumed to be the cost of repairs or cleaning. Doesn't matter if the LL then carries out the repairs etc.

So if you agreed there was a need for cleaning.., agreed to pay a bill, but the estimate never became fact.., (or was a bill for something else) .., you still agreed at the time that this was a reasonable charge for the damage etc. So the LL could take the money off the deposit legally.

The OP was a lodger, not a tennant

Pixie5740

According to the OP's other threads he was a tenant despite what his ex-LL says, and he's planning on suing for non-protection of the deposit.

Ricardo1980

I didn't accept anything and the deposit was not protected because I was a lodger, not a tenant. He just took the money. And that is the reason I'm going to stat a small claim in court.

The unfair deductions are about 300 pounds, the false bill is about 60.

With that bill I could demonstrate in court that he is a liar.

The rest of the deductions, more or less similar (for example he said bills included before I started and then he too the rest for electricity, and I have emails for that).

I'm not really worried about money, but he has been very disrespectful with me sending me a false bill.
Is that an offense?

Thanks for comments.

Ricardo1980

Pixie5740 wrote: »

According to the OP's other threads he was a tenant despite what his ex-LL says, and he's planning on suing for non-protection of the deposit.

No, that was wrong.
I was a lodger because the landlord lived in the same house.
The problem I had was that the contract said AST, but that does not apply to lodgers so the deposits don't have to be protected. So, I discarded that path.

Marvel1

McKneff wrote: »

The OP was a lodger, not a tennant

To be fair things like this should be stated in the first post to avoid confusion and wrong information/guidance.

Pixie5740

cjdavies wrote: »

To be fair things like this should be stated in the first post to avoid confusion and wrong information/guidance.

I must confess that I'm confused as hell. From previous posts it sounded like the OP was a tenant now it turns out there was a resident landlord. :huh: