deposit not protected help

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    deposit not protected help

    Hi

    Please help!

    I need some advice, but I have just moved out of a property and the landlord is withholding my deposit.

    We lived in the property for 3 years with no issues up until now, happy house inspections etc. My landlord served me a section 21 notice (which I now realise wasnt valid) as he wanted to move back into my property.

    He is now refusing to return my bond as says there is £2000 worth of damage to the house which is completely unfathomable, we looked after the house, redecorated downstairs and hallway and stairs, with his permission.

    He is now saying that he needs to redecorate the whole house, and replace carpets (1 carpet had an issue with carpet moths eating away at a carpet underneath a chest of drawers, we didnt realise this, until we actually moved the drawers to move and told them immediately) but he is now saying all the house needs fumigating, that carpet needs replacing and the kids bedrooms need fully redecorating.

    He hasnt taken into account the fact of wear and tear, or the fact the bedroom carpets were at least 5 yrs old, and the other bedroom and living room, stairs etc where put in in 1990s.

    We cleaned the house from top to bottom and left it in a lovely condition.

    Now my issue is he never protected my bond, I asked him to twice at beginning of tenancy, and he said he would, but I never got confirmation, and I have checked all 3 schemes, and the bond was never entered into a scheme from what I can find, so I now have nowhere to go with this to dispute it, except down the small claims court route.

    I have contacted him and only after I contacted him, did he tell me that he isnt returning a penny to me and he is being fair in doing so and not asking us for more money!!

    I have explained as I have nowhere to dispute this and as he isnt being reasonable, in at least returning half of my bond, I will have to go down the small claims court avenue if he hasnt returned my bond in 10 days.

    He has said to go down that route no problem at all, but he will do a counter-claim against me for damages.

    I feel like he is completely trying to intimidate me, and I dont know where to turn. I will be calling the CAB.

    Can he do a counter-claim if he hasnt protected my bond? I have taken photos of the property after leaving, and the photos show the good condition it was left in .

    He is a private landlord, so no agency to go through either and I need some advice as I dont know where to turn.

    Thanks for reading x

    #2
    Engage a no win no fee solicitor experienced in letting and sit and wait for the money to roll in!
    he is doomed to fail, silly landlord.
    If he's got any sense he will make you an offer out of court.

    Comment


      #3
      Thank you, I really didnt want to go down this route and would of accepted a proportion of my money back, after living there for 3 years, I never expected to get the full bond back especially with 2 young children!

      however for him to claim what hes claimed I feel he has backed me into a corner with no other option but to go down the small claims route, but I have never done anything like this before.

      Would he be able to do a counter claim against me?I'm not quite sure what his grounds would be and I did take photos before I left

      Thanks for your advice x

      Comment


        #4
        He's allowed to claim for whatever he likes but from your description he won't get much probably nothing. He will be liable for your solicitor costs too. It will cost him a few grand at least and you could/should get up to 3 times your deposit back plus costs. A nwnf company will love a case like this.
        this is why the deposit protection scheme was put in place because of ignorant fools like him.
        I'm not keen on tenants who dick otherwise excellent landlords over who forget to log a deposit or are a couple of days late doing it but this guy doesn't fit that scenario.
        Wait until you have moved then strike, you have circa 6 yrs to claim iirc.

        Comment


          #5
          Just to explain, it isn't a small claims action which is why the suggestion has been to engage a legal professional on a no win no fee basis. In fact you can do it on your own. Shelter and the CAB have info on their sites as to how to go about this. Your first thing will be to write a letter before action. Not an email, a letter, and hand post it to the address on the tenancy agreement. Good luck.

          Comment


            #6
            Thanks for your help, I have found a really helpful template on shelter, so will use that. I never wanted it to come to this, all I wanted was a proportion of my bond back.

            With regards to delivering my letter he wanted me to move out so he can move back in, he has also moved from the address to another on the tenancy, should I deliver it to my old property in this case? I dont know if he has moved in as of yet?

            Comment


              #7
              Use the last address he provided to you.
              When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
              Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

              Comment


                #8
                If you just want the deposit back then I suggest you send him a letter about his failure to protect the deposit and his liability to a penalty. I believe the Shelter website has a template for this. That may prompt him to just return it. If it doesn't, then engage a solicitor.

                Comment

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