Help! Landlord witholding part of deposit...

ChrisH

Hi TBS,

Thanks for the reply.

Well things have taken a slightly interesting turn - we've received cheques totally £400 (which I haven't cashed) and decided to speak to the agent on the telephone.

He admitted that the flat was clean/tidy etc when we left, but he'd add on fees for imaginary cleaning if we challenged him(!).

Due to the lack of evidence from our side, I'm tempted to approach this from a different angle to get the remainder of our deposit back - as our deposits were not protected. Now, the thing is, I'm not entirely sure that they needed to be.

The tenancy agreement was started in November 2006. I moved into the property in August 2007, replacing one of the other tenants on the lease. Now a new agreement was NOT produced at this time - all that I did was sign a contract saying that "I confirm that with effect from today's date, you will be added to the tenancy agreement in place of Mr X who will be removed from liabilities in respect of said agreement. Any and all liabilities that arise in respect of the flat will be passed to you joint and severally with your co-tenants."

So, as this was after 2007, should our deposits have been protected due to the change in the agreement, or would this not be relevant as the tenancy was not 'renewed' from the orginal one made in November 2006 - we instead went onto a rolling periodic tenancy (nothing signed etc) after the current one expired?

Just thinking that we can chase him this way to get the remainder of the deposit, as he's playing dirty now after admitting no cleaning was done.

Regards,
Chris

ChrisH

*bump* Any ideas, anyone?

redcar_2

If you are on Landlordzone you'll get great ideas there.

Can you write to the agent to confirm receipt of the cheque which you accept as return of the deposit less the amount for the carpet which you still dispute. You'll then just be left with the carpet issue to resolve and he'd look very dodgy in court suddenly resurecting other issues.

The evidence needs to be provided from his side not yours so I would let that put you off. There is a thread on there now from a landlord with a new build and the suggestion seems to be without an agreed inventory they'd have a tough time withholding deposit. Also I still think they can't ask for betterment only the 40% you suggest.

If you are that mad don't let this drop and go via small claims court.

ChrisH

Hi redcar,

Thanks for the clarification.

I've posted a follow up on LLZ and hope to get a few viewpoints on there.

My main sticking point is whether he is entitled to make amendments to his deductions - and that we are definitely OK to cash these cheques and that this would not indicate full and final settlement.

I'm definitely going to go the whole way with this - I can see that a few people don't quite agree with my situation, but I've put a lot of effort into restoring the flat from damages caused by previous tenants when I didn't live there, and feel that they really are trying to have me!

The LA/LA have also been useless throughout the tenancy, lots of electrical problems (regularly zapped by lightswitch in hallway, used to use a wooden spoon to turn it off/on, dishwasher/washing machine shorting out due to problem plumbing, central heating leaking etc) so I'm inclined to teach them a lesson and realise that they can't treat tenants like this!

ChrisH

Sorry to be a pain and bump again, but would appreciate any further responses as meeting with flatmates tomorrow to discuss the best course of action! :cool:

Thanks for all your help.

Regards,
Chris

clutton_2

""OK to cash these cheques and that this would not indicate full and final settlement.""

as long as you write to them saying that you are cashing it but BUT not in full and final settlement you are ok to continue the fight