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Landlord Won't Return Deposit

edited 30 November -1 at 12:00AM in Old Threads
30 replies 44.4K views
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Replies

  • Fire_FoxFire_Fox
    25.9K posts
    Forumite
    becciboop wrote: »
    Actually, its not even the landlord that I am dealing with, its the 'handyman' for the property that does all the landlords work/jobs on the flats. I have never seen the landlord in the 6 years I lived there. When I wrote to the landlord giving notice, I had to deal with the 'handyman'. He has told me I will receive a written report of what the charges are.
    The carpet was frayed because of our cats. I understand the charge for the carpet but I don't believe I should be charged for the whole of the amount as he's basically getting a free carpet from me! And the blinds just needed a clean, as expected after 6 years.

    Stop dealing with the handyman (who is acting as an agent of the landlord), you don't need to have seen the landlord for him to be the legally liable party. Organ grinder not the monkey! :p

    As stated "You need to write to your landlord asking for a breakdown of all the charges levied, copies of quotes and a copy of the dual signed check in inventory. Send two copies from different Post Offices and get a proof of posting each time. Do not communicate with your landlord via text message, you need a paper trail."
    There should be an address at which to serve notices on your tenancy agreement. Until you have all this information or it is clear it does not exist the CAB can only give limited help.

    No your landlord can't charge new for old as already stated, he would have to allow for depreciation. But you cannot formally dispute the charges until you know exactly what they are and what their evidence is. Dirt is NOT fair wear and tear, that is not expected after six years.
    Declutterbug-in-progress.⭐️⭐️⭐️ ⭐️⭐️
  • WywthWywth
    5.1K posts
    Forumite
    becciboop wrote: »
    I got an email saying thanks but I cant make an appointment via email :( and when I call I can't get through!...

    Keep trying!

    I know all the CAB offices are extremely busy at the moment (and will get even more busy in about 6 weeks time) dealing with enquiries ... but all those other people at your local office had to start by making an appointment by telephone so it must be possible. :)
  • Ok, so he has sent a copy of all the charges -
    all carpets - stained/chewed - £376 to replace where chewed, £30 to clean where dirty but not chewed
    scratch on doors - £50
    blinds in lounge - stained - £130
    freezer tray - £20
    door handle - £20
    16 lightbulbs- £24
    paintwork - £85
    minus 25% for ware and tare.

    I am going to reply asking for a signed inventory as I dont remember signing one. Can he charge for paintwork and lightbulbs? In my contract it states 'fixtures and fittings' but not specifics...

    Thanks
  • edited 20 November 2012 at 6:30PM
    WywthWywth
    5.1K posts
    Forumite
    edited 20 November 2012 at 6:30PM
    becciboop wrote: »
    Ok, so he has sent a copy of all the charges -
    all carpets - stained/chewed - £376 to replace where chewed, £30 to clean where dirty but not chewed
    scratch on doors - £50
    blinds in lounge - stained - £130
    freezer tray - £20
    door handle - £20
    16 lightbulbs- £24
    paintwork - £85
    minus 25% for ware and tare.

    I am going to reply asking for a signed inventory as I dont remember signing one. Can he charge for paintwork and lightbulbs? In my contract it states 'fixtures and fittings' but not specifics...

    Thanks
    Did you take (or break) the lightbulbs when you left? If not, why are you being charged for them?

    Piantwork will again be for repairs over and above fair wear and tear. If you don't agree, you'll probably have to tell it to the judge.

    Fair wear and tear is not deductable, so you can tell that to the judge if necessary (and the judge will agree with you)
    However, ignoring that, the amount claimed is still in excess of the amount you deposited, so you may end up in court anyway (unless you pay the remainder) ;)

    Edit: or is the "minus 25% for ware and tare" in relation to the £85 repainting charge only, meaning you are being deducted just £63.75 for repainting?
    If not, what is it 25% of ???
  • dacouchdacouch
    21.5K posts
    Forumite
    Part of the Furniture 10,000 Posts
    ✭✭✭✭✭
    Did you take the lightbulbs with you?

    Any news on the inventory?
  • dacouch wrote: »
    Did you take the lightbulbs with you?

    Any news on the inventory?

    No, we didnt take any light bulbs with us. Nor did we brake any.

    I dont seem to have an inventory - so next step is to write back and ask for one...
  • Wywth wrote: »
    Did you take (or break) the lightbulbs when you left? If not, why are you being charged for them?

    Piantwork will again be for repairs over and above fair wear and tear. If you don't agree, you'll probably have to tell it to the judge.

    Fair wear and tear is not deductable, so you can tell that to the judge if necessary (and the judge will agree with you)
    However, ignoring that, the amount claimed is still in excess of the amount you deposited, so you may end up in court anyway (unless you pay the remainder) ;)

    Edit: or is the "minus 25% for ware and tare" in relation to the £85 repainting charge only, meaning you are being deducted just £63.75 for repainting?
    If not, what is it 25% of ???

    No idea why we are being charged for them..didnt brake them or take any with us. His explanation on the report says '10 lightbulbs not working' - its those ones that are inside the ceilings, spot light I think they're called.
    I think the 25% is off the whole amount, rather than just the paint job. I am totally shocked that he'd charge us for lightbulbs and to paint the place!
  • edited 20 November 2012 at 8:51PM
    WywthWywth
    5.1K posts
    Forumite
    edited 20 November 2012 at 8:51PM
    becciboop wrote: »
    No idea why we are being charged for them..didnt brake them or take any with us. His explanation on the report says '10 lightbulbs not working' - its those ones that are inside the ceilings, spot light I think they're called.
    I think the 25% is off the whole amount, rather than just the paint job. I am totally shocked that he'd charge us for lightbulbs and to paint the place!

    More confusion reigns.

    Is it 10 lightbulbs that are claimed you left in a non-working condition or 16?

    Ah, so you think hes given you the full re-instatement costs of everything, and then reduced it by 25% for fair wear and tear? That would still mean you owe more than you gave as a deposit ... and best not to go to court over it as dirty is not fair wear & tear; it is dirt! You were responsible for giving the property back in the same state of cleanliness as it was originally let. There is no fair wear and tear as far as soiling is concerned. You should have cleaned it, or got it cleaned.

    Similarly there is not usually any allowed fair wear & tear as far as lightbulbs or broken/missing door handles or freezer trays are concerned.
  • Wywth wrote: »
    More confusion reigns.

    Is it 10 lightbulbs that are claimed you left in a non-working condition or 16?

    Ah, so you think hes given you the full re-instatement costs of everything, and then reduced it by 25% for fair wear and tear? That would still mean you owe more than you gave as a deposit ... and best not to go to court over it as dirty is not fair wear & tear; it is dirt! You were responsible for giving the property back in the same state of cleanliness as it was originally let. There is no fair wear and tear as far as soiling is concerned. You should have cleaned it, or got it cleaned.

    Similarly there is not usually any allowed fair wear & tear as far as lightbulbs or broken/missing door handles or freezer trays are concerned.

    It was cleaned, it just didnt look as new as it did when we moved in as it'd been lived in for 6 years. Sorry typo..it was 16.
  • edited 21 November 2012 at 8:30AM
    Fire_FoxFire_Fox
    25.9K posts
    Forumite
    edited 21 November 2012 at 8:30AM
    becciboop wrote: »
    Ok, so he has sent a copy of all the charges -
    all carpets - stained/chewed - £376 to replace where chewed, £30 to clean where dirty but not chewed
    scratch on doors - £50
    blinds in lounge - stained - £130
    freezer tray - £20
    door handle - £20
    16 lightbulbs- £24
    paintwork - £85
    minus 25% for ware and tare.

    I am going to reply asking for a signed inventory as I dont remember signing one. Can he charge for paintwork and lightbulbs? In my contract it states 'fixtures and fittings' but not specifics...

    Thanks

    Lifespan of most carpets would be five to ten years depending on the quality so after six years - assuming it was brand new to begin with, was it? - he needs to deduct rather more than 25% for wear and tear! :eek: Yes you can be charged for lightbulbs if you started out with working ones and didn't bother replacing them. Also can be charged for paintwork if you scuffed or damaged it, but not if it's just faded from sunlight say.

    You need to request dual signed check in and check out inventory including any photographs plus supporting quotes for the painting, carpeting and blinds if he needs to replace rather than clean.

    http://www.tds.gb.com/resources/files/A-guide-to-deposits-disputes-and-damages.pdf
    http://www.newviewresidential.co.uk/Documents/ARLA-GuidetoDepositsandDamages.pdf
    http://www.chrisulph.co.uk/2011/01/23/tenancy-deposit-deductions-and-apportionment-case-studies/#2
    Declutterbug-in-progress.⭐️⭐️⭐️ ⭐️⭐️
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