Renting deposit return

Mistymoo82

Hi, i am hopeing i can get advice on here. I'll start from the begining

Started to rent a house in april 2009, the house was from someone i knew but i still paid a deposit £500 and the rent was £500 a month. Always paid on time and left the property officially on the 28th feb 2019, actually handed the keys back on the 24th,gave notice on the 1st feb in writting.
Upon moving in was told to make the house my own after asking if i could decorate, so did just that most rooms twice as the lenght of time i was in there. Also moved in with my dog and house has seen 3 babies grow up in it.
Was never given anything apart from a little signed recipt for the £500 deposit. Now the landlord wants to keep the deposit because they dont like the decoration and said the place was not clean enough. It was cleaned but they want to rent it thro an estate agents now instead of private so the agents have said to there standard things need steam cleaning etc , carpets have been down ten years and the kitchen and bathroom are 16+ years old so about worn out.
I have had numours calls to the landlord and tonight she said its either they keep the 500 and call it quits or they will have a painter in at 100 a day to repaint the house and get a cleaner in and then make us pay the bill which will be well over 500.
So we thought about trying court as we havent got a protected deposit we are stuck. Any advice please would be great

Skynet5

Seems strange to say either call it quits or we'll get the professionals in and the bill will be more and make you pay the bill.

Almost a threat. Sounds like they just fancy the £500 and will do a bit of work themselves.

Youre not friends with the landlord then I guess ..jsut someone you know?

Tbh ..10years of leasing..£500..Id tell her to keep it.

Mistymoo82

No not friends just someone we know. Landlady used to work with my mum back in the 70's
We have just purchased a house so the deposit would come in really handy for stuff. I would normally say forget it but we spend quite a bit on the house , paid out our own pockets for kitchen floor , new light fittings , have left a £250 shed , sorted out the rear garden as it was a mess, its the principle of they way they have gone about the deposit which is why we want it back. If they had said 100 - 200 for redecorating fair enough but to say all or maybe more

Skynet5

I appreciate your view. Is this someone you can see face to face?

Speak to them, explain to them eye to eye and suggest that if their mental frame is such they don't see your argument then say your disappointed in them, smile and say good bye.

Perhaps take the shed with you...lol

If it were a grand...I'd be more aggressive.

I guess it comes down to principal Vs need. If need is low but principal is high, you can still get that back through smart words.

I'm drivelling now..

G_M

Mistymoo82 wrote: »

Started to rent a house in april 2009....


we havent got a protected deposit /QUOTE]

So you can sue for both the deposit AND a penalty of 3 times the deposit. See

* Deposits: payment, protection and return

left the property officially on the 28th feb 2019, actually handed the keys back on the 24th,gave notice on the 1st feb in writting.

This may not have been sufficient notice - you may still owe rent:

* how did you serve the notice? Posted on 1st? Hand delivered? Where?
* what exact date did your tenancy start please?
* was your original tenancy a fixed term? If yes, exact dates please
* or was it contractual periodic (eg rolling monthly) from the start? If so, what did the tenancy agreement (or your verbal agreement :eek: ) say about notice?

Mistymoo82

Already moved so cant take the shed mores the pitty . When we handed in the notice we asked if they wanted to view and that if they wanted did they want us to put the house back to its original colour (off white all over) they said no dont worry we will sort it out. Have spoken to them over the phone cant face to face . We had to beg steal and borrow to get our deposit to get out of renting so the 500 helps us out big style with just buying wardrobes ( old place they were built in) but defo principle here is high especially with the wife.
The main thing is if we go to court and loose could we face a bigger bill than just loosing our deposit and court fees , ie be made to pay for the whole thing as if this is the case we may as well kiss the 500 good bye

Mistymoo82

It states a months notice in the agreement notice given 1st and rent paid up till 28th by hand to the landlords house. It was an assured short hold . Tennancy started 1st June 2009. It said 6 month to start then rolling contract.
It says notice is one month

Mistymoo82

In the contract it says on giving the property back it must be in tenantable condition and good condition. It does not say about in its original format

G_M

Mistymoo82 wrote: »

It states a months notice in the agreement notice given 1st and rent paid up till 28th by hand to the landlords house. It was an assured short hold . Tennancy started 1st June 2009. It said 6 month to start then rolling contract.
It says notice is one month

So 6 month fixed term then contractual monthly periodic running from 1st to last day each month.
Provided you served by hand on the 1st at the correct address, you are fine.

In the contract it says on giving the property back it must be in tenantable condition and good condition. It does not say about in its original format

There is an implied term in all tenancies that the tenant returns the property in the same condition as it was at the start (less fair wear and tear).

It is wise, therefore, if/when making any changes, to get written permission from the landlord first. It sounds like you had verbal permission to redecorate, but the trouble with that is there is noproof in case of denial of that verbal consent.

Howevet after 10 years, the landlord cannot claim 'betterment'. Redecorating would probably be needed under 'fair wear and tear' after 10 years, whether you'd changed the colour scheme or not, so the LL cannot claim complete redcoration costs.

It was cleaned but they want to rent it thro an estate agents now instead of private so the agents have said to there standard things need steam cleaning etc

That is irrelevant. What matters is the condition when you moved in, compared to the condition when you moved out. Is there a record (eg signed inventory) of the condition when you moved in? Was it sparkly clean at the start? If yes, you need to leave it sparkly clean. If not, you don't.


What the landlord (or his agent) plans to do after you leave is irrelevant.

As for court - you have a caste iron case to claim the 3 times penalty for not protecting the deposit. A bit of hassle but you'll win as there is no excuse. See my earlier link.

You claim the deposit back at same time and I don't s a judge being very sympathetic to the landlord........

Mistymoo82

ThanksG_M for your advice so far
No inventory was taken, the landlord says she has photos but we have only seen photos from.when the last tennat was in and they left the place in a right mess. The house when we moved in was clean but not sparkley all over. Granted the carpets were new on the stairs and bedrooms but we have cleaned these and for ten year old carpets they looked pretty good in our eyes. We had put a new kitchen floor in so that was A1 , the bathroom floor the landlord damaged when bodging a repair after a leak and the also left the skirting board in a mess. The oven was new as the last one packed up 10 weeks before we left ( they purchased a new oven but told me I had to fit it and just dropped it round) . The garden was prob a bit tidyer but we moved in spring summer and moved out winter so it hasnt been touched since last autum. My wife works for the council as a cleaner cleaning council houses before they are re let out so we cleaned it to that standard . Yes the windows could have done with a clean outside as its a main road so they get very dirty but after a month they would be the same state.
I am going to write her a lettee but i dont know weather to ask for
1 - the full deposit
2 compromise say 400 they keep 100 towards what they want to do
3 the full deposit or we pursue for 3 times the deposit

Thank

jbainbridge

No inventory.
No protected deposit.

3.