Disputed Withholding of Deposit

leander

Hello,

I hope this is posted to the right place. I moved into a rental property on an assured shorthold tenancy lease. Despite the landlord stating he would take an inventory, none was conducted. An old kitchen sink had a visible crack when we moved in, but no leak. It appeared a rudimentary repair job had been carried out underneath, therefore did not notify this as a fault.

My deposit is now being witheld and it appears I am being expected to cover the cost of replacing this. I have made it clear I am not responsible for the damage. Sadly my word is not good enough.

Has anyone experienced similar?

Many Thanks

Loretta

leander wrote: »

Hello,

I hope this is posted to the right place. I moved into a rental property on an assured shorthold tenancy lease. Despite the landlord stating he would take an inventory, none was conducted. An old kitchen sink had a visible crack when we moved in, but no leak. It appeared a rudimentary repair job had been carried out underneath, therefore did not notify this as a fault.

My deposit is now being witheld and it appears I am being expected to cover the cost of replacing this. I have made it clear I am not responsible for the damage. Sadly my word is not good enough.

Has anyone experienced similar?

Many Thanks

No inventory no deductions

SouthCoast

Can you contact the previous tenants as Landlords have been known to withold deposits for the same damage from previous and subsequent tenants?

leander

SouthCoast wrote: »

Can you contact the previous tenants as Landlords have been known to withold deposits for the same damage from previous and subsequent tenants?

It's worth a try, may be difficult, but I suspect you may be right

DGJsaver

Myself and OH are in danger of losing our deposit , just a feeling i have , we moved out Jan 31st , the landlady , who we got on with throught the tenancy (4 years) was in touch all the time during jan arranging viewings etc , now all of a sudden low and behold , she has `gone away `on business


except i have her home address and phone number and i wont be fannying around in the small claims court....

Gingernutmeg

If you moved in after 6th April 2007, then your deposit should have been protected in one of the Deposit Schemes. You should have received details of whichever scheme your landlord used, and you can go through their dispute services.

If you moved in after 6th April and the landlord failed to protect your deposit, then I believe you can claim for 3x the deposit through a county court.

leander

Gingernutmeg wrote: »

If you moved in after 6th April 2007, then your deposit should have been protected in one of the Deposit Schemes. You should have received details of whichever scheme your landlord used, and you can go through their dispute services.

If you moved in after 6th April and the landlord failed to protect your deposit, then I believe you can claim for 3x the deposit through a county court.

Hi - thanks for your response, but sadly I missed this date (just)

merlinthehappypig

There is a thread on here somewhere started by eagerlearner, which i can't find just at the moment.

It's very long, but worth a read.

The no inventory, no deductions, comment previously is correct, as I understand it, but the eagerlearner thread will show you what to do.

edit: the thread is here - grab a glass of wine and have a read http://forums.moneysavingexpert.com/showthread.html?t=227606

subjecttocontract

Without an inventory your landlord is unlikely to win in any small claims court action.
Good luck.

DGJsaver

merlinthehappypig wrote: »

There is a thread on here somewhere started by eagerlearner, which i can't find just at the moment.

It's very long, but worth a read.

The no inventory, no deductions, comment previously is correct, as I understand it, but the eagerlearner thread will show you what to do.

is it correct AFTER april 6th 207 or is it correct anyway ?

Dan

leander

merlinthehappypig wrote: »

There is a thread on here somewhere started by eagerlearner, which i can't find just at the moment.

It's very long, but worth a read.

The no inventory, no deductions, comment previously is correct, as I understand it, but the eagerlearner thread will show you what to do.

Great, thanks - I'll have a dig...