Deposit withheld

moneysavinmonkey

it sounds to me as if the things being deducted from your deposit are fair wear and tear - e.g. minor discolouration of carpet and walls....

if this is the case and you know that you didn't cause any damage over what would normally be expected over the time you were in the property then you can claim back the whole of the deposit amount.

Send a "Letter before Action" then file small claims action online.

lou23_2

I spoke to the agency this afternoon & found it difficult to remain calm! She has told me to write a letter of complaint before I contact the ARLA (which I threatened to do) and that as we weren't part of the Tenancy Deposit Scheme' it wasn't necessary for us to have attended the check-out inspection & that it is down to the landlady regarding the deposit. She wanted to fob me off with her colleague who carried out the check-out inspection but as this particular lady had attended all but 2 previous quarterly inspections I wanted to talk to her. On one of her inspections this lady had also previously commented on how worn down the carpets were & it was because they were cheap (prior to us replacing them) which is when we offered to replace some of them out of our own pocket (the ones in areas of heavy 'traffic' & were worn down the most).
I am now going to write to the landlord & send a copy to the agency with my complaint.

Thanks again all.

clutton_2

if you do end up going to court, you need to have shown that you have attempted to use and fully exhausted the LA's complaints procedure and ARLAs proceedures also if you are choosing to go that route. the court should see itself as the last resort arena. above all, you must stay calm

""we weren't part of the Tenancy Deposit Scheme' it wasn't necessary for us to have attended the check-out inspection" - utterly utterly rubbish and lots of round-things-with-knobs-on !!!!!

for an inventory to be legally binding it must have both LA and/or LL AND tenants signature on the sign-in date AND on the check out date,

if you were not present at the checkout and did not sign the inventory at that time, it will not stand up in court - the judge will throw it out.

An inventory is a "before and after" written record of the state of the property and unless both parties have agreed it, it won't be seen as good evidence.

maybe you should conduct all interactions with the LA and/or LL in writing from now on - then you will have evidence to take to court and you will not get so wound up - good luck

lou23_2

Hello clutton

Thanks for your advice again. Sorry it might be me being a bit thick here, but when you say that the judge would probably throw it out of court due to not all parties signing the check-out report (being us, as we still haven't seen it), does that mean that the judge would most likely see it in our favour? Or that it is a waste of time me taking her to court as there isn't enough evidence?
Not used to legal proceedings so just want to clarify!

Thanks again!

PROFESSIONAL_LANDLORD

if you were not present at the checkout and did not sign the inventory at that time, it will not stand up in court - the judge will throw it out.

Not used to legal proceedings so just want to clarify!

Without signed inventories by BOTH parties (in and out) the LA or Landlord would struggle to defend their case in the withholding of your deposit

clutton_2

even if you have to go to court with this - its not like on the tele - its the small claims court, you sit round a table with a judge in a suit, no wigs etc, and you present your case, the other side presents theirs and the judge asks questions and then makes a decision - 2 hours tops !! you can take a friend with you.

professional landlord gives good advice, if there is not a signed inventory in and out and signed by both parties on check in and check out day - how can the landlord prove that you agreed what is on the inventory ? he cannot and judges are much more likely to say it is not sufficient evidence and not allow it. if there is no inventory to prove "before and after" condition - there is no other evidence - so you should win.

But there is never any guarantee with courts - and people tell lies in court.

you will learn a huge amount from reading eagerlearners thread - well worth the time.

good luck

GarethK

PROFESSIONAL_LANDLORD wrote: »

Without signed inventories by BOTH parties (in and out) the LA or Landlord would struggle to defend their case in the withholding of your deposit

Sorry to bring up an old thread but i found this very interesting.

When i started to rent my current property i was given an A4 sheet of paper with everything in the house written down, but no notes as to any damage.

There were two copies of this, i signed both, and one was returned to LA.

Is this the case that if both inventories are not signed by me and
the LA/LL it isnt legally binding and therefore if there were any problems (i'm thinking minor like were it was cheaply tarted up and oil based sealer used on holes, 8 months later its now seeped through the magnolia)?

I cant see it being a problem when i leave but i want to make sure i'm covered!

Gareth