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Deposit withheld

Id be really interested to know what you would do if you had gone through the following saga:

- You lived in a rented house for 1 year.

- At the end of the tenancy you had a house walkthrough during which time it was decided by the landladys husband that the stairway carpet needed cleaning and another layer of paint needed to be put on the bedroom walls. You were told you would be given the opportunity to put this right before the next tenants moved in a week later.

- You are not given access to the house to put these issues right and numerous phone calls over several days go unanswered. The landladys husband answers several days later and you are not allowed to speak to her. He tells you that the work is going to cost £200 and when you dispute this (you have got a number of quotes - £20 to clean the stairs professionally and an estimate of £30 for paint to do the room yourself) he puts the phone down on you and refuses to answer any further calls.

- You get your security deposit cheque back minus £200 that has been taken to carry out the works.

- You go to the house a month later to pick up post and the new tenants (who have already fallen out with the landladys husband over a different matter) let you in to show you that the work that you had been told your money had been withheld to do has not been carried out.

- You write to the landlady requesting your money back as no work has been carried out and give a date for a response otherwise you will take her to the small claims court.

- You get a letter back from the landladys husband claiming you owe them money for a new carpet in the bedroom.

- You have a letter from them saying that £200 has been deducted to carry out stairway carpet cleaning and painting the hall which was clearly not done (the bedroom carpet was never mentioned until after the request for the money back was sent). You have not been given the invoices which you were promised as proof of the works. You have photos showing that the work was not carried out by the dates which they said it had been (with newspaper held in photos as proof of date).

What do you think? What would you do? Answers on a postcard please!
«13

Comments

  • Badger_Lady
    Badger_Lady Posts: 6,264 Forumite
    Part of the Furniture 1,000 Posts Photogenic Combo Breaker
    Sounds like you need to MoneyClaim the [insert swearword here]!
    Mortgage | £145,000Unsecured Debt | [strike]£7,000[/strike] £0 Lodgers | |
  • Generali
    Generali Posts: 36,411 Forumite
    10,000 Posts Combo Breaker
    If you can be bothered over £200 quid:

    1. Go to the CAB and get them to tell you exactly how to sue her
    2. Go through the rigmarole of suing the putain.

    Personally, I wouldn't bother over £200. If you feel differently, do it. It sounds like you've got a watertight case.
  • Guy_Montag
    Guy_Montag Posts: 2,291 Forumite
    1,000 Posts Combo Breaker
    Try something like this:
    Letter before Action

    Re: Flat at
    Address

    Dear Mrs Landlady,

    I am writing to you to request the return of the £200 you have claimed from the deposit for the flat named above.

    You claimed that the following work was required (as detailed above) & took the money to cover costs. However, I have since visited the dwelling and have found that no such work has been carried out & have evidence to prove this.

    If the money is not returned within 15 days from today I will be seeking it through the County Court.


    Yours sincerely
    Nico

    Send this recorded delivery, so they have to sign for it.
    "Mrs. Pench, you've won the car contest, would you like a triumph spitfire or 3000 in cash?" He smiled.
    Mrs. Pench took the money. "What will you do with it all? Not that it's any of my business," he giggled.
    "I think I'll become an alcoholic," said Betty.
  • clutton_2
    clutton_2 Posts: 11,149 Forumite
    did she provide an inventory when you moved in and when you moved out ? if not - she cannot legally make ANY deductions and you should take her to the county court and not even mention that the work has not been done.
  • clutton wrote: »
    did she provide an inventory when you moved in and when you moved out ? if not - she cannot legally make ANY deductions and you should take her to the county court and not even mention that the work has not been done.

    Hi. Is that the case? We moved into a rented property in March. The tenancy agreement mentions the inventory, but we never received one. No-one has visited us at all in the seven months we have been here. We pay the rent, that's it.

    There are a few issues with damp which I have e-mailed to the agents. They said they would deal with it, but nothing happened. Whilst not a problem for us living here, the plaster is crumbling in a few places and the carpets are getting worn and stained in places as they are laid directly on a floor with no damp course. The house was 'newly re-furbished' when we moved in (basically problems were painted & carpeted over) I'm concerned only that when we leave they will try to deduct the cost of new carpets & plasterwork etc from the deposit.

    This is a big landlord, like the National Trust, but not them.

    Any advice on this inventory issue appreciated.
  • coal9011
    coal9011 Posts: 208 Forumite
    "Hear we go again!" ........... I was in a good mood this morning, but now I'm as grumpy as hell! :mad:

    Yet another ars#hole landlord who thinks that YOUR deposit (which is probably needed by you to move on) is "their's" which they can keep and use towards "free" property maintainance costs.

    DON'T WAIT, ISSUE A COUNTY COURT CLAIM "TOMORROW" (£80) FOR THE RETURN OF YOUR DEPOSIT - give him something to start worrying about! :mad: Good Luck!
  • Generali
    Generali Posts: 36,411 Forumite
    10,000 Posts Combo Breaker
    Mrs Generali's got her small claims hearing against our old LL in a couple of weeks. I'll let you all know how it goes.
  • Loretta
    Loretta Posts: 1,101 Forumite
    Guy_Montag wrote: »
    Try something like this:
    Letter before Action


    Re: Flat at
    Address

    Dear Mrs Landlady,

    I am writing to you to request the return of the £200 you have claimed from the deposit for the flat named above.

    You claimed that the following work was required (as detailed above) & took the money to cover costs. However, I have since visited the dwelling and have found that no such work has been carried out & have evidence to prove this.

    If the money is not returned within 15 days from today I will be seeking it through the County Court.


    Yours sincerely
    Nico

    Send this recorded delivery, so they have to sign for it.

    I'd change that to 7 days
    Loretta
  • Loretta
    Loretta Posts: 1,101 Forumite
    coal9011 wrote: »
    "Hear we go again!" ........... I was in a good mood this morning, but now I'm as grumpy as hell! :mad:

    Yet another ars#hole landlord who thinks that YOUR deposit (which is probably needed by you to move on) is "their's" which they can keep and use towards "free" property maintainance costs.

    DON'T WAIT, ISSUE A COUNTY COURT CLAIM "TOMORROW" (£80) FOR THE RETURN OF YOUR DEPOSIT - give him something to start worrying about! :mad: Good Luck!

    For a £200 claim the court costs are £30
    Loretta
  • coal9011
    coal9011 Posts: 208 Forumite
    Loretta wrote: »
    For a £200 claim the court costs are £30

    Sorry ........your right! I was thinking about the return of a deposit over £500. Was so grumpy forgot it was £200 withheld.

    Anyway, only "£30" makes it even more "affordable" to issue a court claim :T

    DO IT!!!!!!
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