Landlord Won't Return Deposit

2

Comments

  • dacouch
    dacouch Posts: 21,637
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    becciboop wrote: »
    I am not sure if there was one..I will check documents that I have. I think we just signed a contract and then our guarantor signed something too. If there wasn't one then what does that mean? Sorry for being stupid!

    It was £525.

    If there is no inventory performed and kept on moving in then the landlord cannot (Unless they have some really good other evidence) proof of what condition the property and indeed the items he's saying are damaged were. Without this he will lose in court and will need to pay your deposit back in full
  • Okydoky25 wrote: »
    Is it in a deposit scheme?

    I don't think so, we moved in September 2006.
  • dacouch wrote: »
    If there is no inventory performed and kept on moving in then the landlord cannot (Unless they have some really good other evidence) proof of what condition the property and indeed the items he's saying are damaged were. Without this he will lose in court and will need to pay your deposit back in full

    Ah right ok. I'll have a look and see what docs I have. I'm just really upset that despite us being there for 6 years and paying rent on time and causing no damage other than a frayed carpet and the blinds being a bit dirty, he's not giving the deposit back :(
  • Fire_Fox
    Fire_Fox Posts: 26,026
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    Run an advanced search on the 'House Buying Renting & Selling' board, this comes up several times a week. You need to know if your deposit was lodged with one of the three schemes (check with them all), check to see if you have an inventory, how detailed that is and if both parties signed it.

    There is fair wear and tear but dirt and damage are not included in this. Wear and tear is things like sunlight fading paint or carpet thinning where it has been walked on many times. The landlord cannot charge to replace old carpets with new, he could charge you for cleaning them or for part of the cost of replacement (minus depreciation) if they were stained by you and cannot be cleaned. Why is the carpet frayed? Is that down to normal walking on the carpet or did you catch something on it and cause a pull?

    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.
    Declutterbug-in-progress.⭐️⭐️⭐️ ⭐️⭐️
  • Wywth
    Wywth Posts: 5,079 Forumite
    edited 19 November 2012 at 10:25AM
    becciboop wrote: »
    Hi all
    I have recently moved out of a rented property after being there for just over 6 years. The whole place was cleaned top to bottom before I moved. The landlord told me that the blinds and some carpets need replacing as they were old/dirty. The carpet in the hall was damaged near the door. The blinds were dirty. I have asked him to send me receipts and a report of what needs doing and he said he will, but unfortunately he won't be returning my deposit. Where do I stand on this? Is there anything classed as reasonable ware?

    Thanks all.

    Presumably the deposit is being used to fund the repairs necessary and for which the LL is going to supply you receipts?

    If so, why do you think you will get your deposit back? What did you think you paid it for?

    More useful information can be found on the Citizens Advice self-help website www.adviceguide.org.uk or by calling the Citizens Advice Consumer Helpline (0845 4040506) or you could contact your local Citizens Advice Bureau which you can find at www.citizensadvice.org.uk.
  • CAB_National_Representative
    CAB_National_Representative Posts: 220 Organisation Representative
    becciboop wrote: »
    Hi all
    I have recently moved out of a rented property after being there for just over 6 years. The whole place was cleaned top to bottom before I moved. The landlord told me that the blinds and some carpets need replacing as they were old/dirty. The carpet in the hall was damaged near the door. The blinds were dirty. I have asked him to send me receipts and a report of what needs doing and he said he will, but unfortunately he won't be returning my deposit. Where do I stand on this? Is there anything classed as reasonable ware?

    Thanks all.

    Hi becciboop - we'd suggest that you contact your local bureau and arrange to talk or meet with an adviser for help and suport on this, and as soon as you can. And it would be best to have any tenancy documents (esepcially the agreement) to hand and also any letters from the landlord of the property.
    Official CAB Representative
    I am an official representative of CAB. MSE has given permission for me to post in response to questions on the CAB Board. You can see my name on the companies with permission to post list. If you believe I’ve broken any rules please report my post to forumteam@moneysavingexpert.com as usual"
  • Hi becciboop - we'd suggest that you contact your local bureau and arrange to talk or meet with an adviser for help and suport on this, and as soon as you can. And it would be best to have any tenancy documents (esepcially the agreement) to hand and also any letters from the landlord of the property.

    Hi, I have been calling all morning and I just keep getting an automated message saying they can't take my call. I have emailed them asking for an appointment.
  • Fire_Fox wrote: »
    Run an advanced search on the 'House Buying Renting & Selling' board, this comes up several times a week. You need to know if your deposit was lodged with one of the three schemes (check with them all), check to see if you have an inventory, how detailed that is and if both parties signed it.

    There is fair wear and tear but dirt and damage are not included in this. Wear and tear is things like sunlight fading paint or carpet thinning where it has been walked on many times. The landlord cannot charge to replace old carpets with new, he could charge you for cleaning them or for part of the cost of replacement (minus depreciation) if they were stained by you and cannot be cleaned. Why is the carpet frayed? Is that down to normal walking on the carpet or did you catch something on it and cause a pull?

    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.

    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.
  • CAB_National_Representative
    CAB_National_Representative Posts: 220 Organisation Representative
    becciboop wrote: »
    Hi, I have been calling all morning and I just keep getting an automated message saying they can't take my call. I have emailed them asking for an appointment.

    We're sorry to hear about the issues you've been having in reaching your local bureau on the phone, and hope that your email is answered quickly enough.
    Official CAB Representative
    I am an official representative of CAB. MSE has given permission for me to post in response to questions on the CAB Board. You can see my name on the companies with permission to post list. If you believe I’ve broken any rules please report my post to forumteam@moneysavingexpert.com as usual"
  • We're sorry to hear about the issues you've been having in reaching your local bureau on the phone, and hope that your email is answered quickly enough.

    I got an email saying thanks but I cant make an appointment via email :( and when I call I can't get through!

    My tenancy agreement just mentions 'fixtures, furniture and effects'.

    I am guessing this means the carpets/blinds?

    Thanks all.
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