landlord withholding deposit

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    landlord withholding deposit

    hi all, im hoping for some balanced advice regarding my ex landlord

    i moved out of an apartment after 2yrs 4 months and after a month of unreturned calls and 2 letters (which i eventually said i would have to take him to small claims if he didnt communicate with me) he sent me a nasty letter saying he wasnt giving me my deposit back and if i sent him any more letters it would be him taking me to court for £1k + damages to the apartment.

    he accused me of numerous things:

    1. laying laminate flooring (it was there when i moved in, laid by previous tenants)
    2. not removing a stove (there when i moved in, left by previous tenants)
    3.'marks' on the carpet (no marks that i know of plus it was the same carpet as was there for previous tenants)
    4. installing an extension lead and nailing it round a door (this was done by his handyman as a solution - not at my request)
    5. drilling a hole through between two rooms (also done by his handyman - not at my request)
    6. burning one of the kitchen unit surfaces (damage that was present when I moved in but got progressively worse during my tenancy - a job the handyman never got round to fixing)
    7. costs for repainting the apartment (it is not in the agreement that i am responsible for giving it a coat of paint when i move out and it hadnt been repainted before i moved in)
    8. left holes in the walls that need to be filled (most of the holes were left by the previous tenant and his handymans botch up DIY effort, i covered the holes up by hanging pictures and i used proper picture hooks - although i offered to return and fill them all as a good will gesture)

    as a landlord he failed to carry out a number of legal responsibilities including:
    1. never having the gas installations inspected (i dont recall it ever being done and have never seen a certificate).
    2. i understand the wiring was never inspected but i dont know exactly the legalities of that.
    3. The electricity was on a meter but he never provided a receipt or copies of the bills and i was putting quite a lot in that meter considering i live alone and try to be energy efficient.
    4. he used my electricity supply to power a 'power' aerial (it was a listed building) and the external communal lighting. when i complained he moved the aerial to another socket but wouldnt re-wire the light and instead installed a 'delay' switch, i wasnt happy but i liked living there so i kept quiet.

    there are numerous other issues that i could list but i dont want to go on.

    i responded to all his accusations but all he did was sent me a copy of the agreement highlighting areas which are (in my opinion) invalid considering I am not in breach of any of them. I wrote again (and included where he was in breach of his legal responsibilities as a landlord) but 7 days later have not had a response.

    the thought of taking him to court is pretty scary but i dont think he should get away with it. basically, i would like to know based on what i have told you, is he stuffed or am i?

    there was no itinerary or basic condition report signed at the start of the tenancy

    thanks in anticipation

    #2
    For gods sake...and yours!

    Fill in the court papers and sue the rotter

    I think youve got a great claim...as for the elec....explain more please
    What i write is what i think....If you need solid info PAY A SOLICITOR!!

    Comment


      #3
      No Inventory equals NO deposit deductions. Apply online to sue, print docs and send to him stating if you hear nothing in 7 days you will hit the send button. State that without an inventory he can not make deductions.

      I think you also have a claim re the Electric as it should be in your name even if it was not you are entitled to Invoices so I think I am right in saying that you are entitled to claim every penny you put in that machine without it... but don't quote me on that one!
      GOVERNMENT HEALTH WARNING: I am a woman and am therefore prone to episodes of PMT... if you don't like what I have to say you can jolly well put it in your pipe and SMOKE IT!!

      Oh and on a serious note... I am NOT a Legal person and therefore anything I post could be complete and utter drivel... but its what I have learned in the University called Life!

      Comment


        #4
        thanks both, its sounding positive so far

        Originally posted by starlettings View Post
        as for the elec....explain more please
        the electric is on a meter that the landlord set and emptied every month or so. i kept (verbally) asking for a receipt but never got one. I've never seen a copy of the bills nor have i ever had any change from what i fed into the meter. The building had 2 tenants above me, a business on the ground floor and the basement was used by the handyman as his 'office'). I have a suspicion that it was all on one bill - is that legal in itself? If that is the case should he have a record of all metre readings showing where the electric was going in the building and the money he took from the meters? All these questions!

        as for the extracting electricity bit, not sure what else to say about that, except that I had an electrician come round and use his magic tool which told him that both the external socket (for the aerial) and the light fitting were powered from my apartments electricity source. of course i have no proof of all that now (only friends and family and the electrician could testify), he could easily have already gone in to sort out the wiring since i mentioned it in one of my letters to him.

        Comment


          #5
          Originally posted by justaboutsane View Post
          No Inventory equals NO deposit deductions.
          thanks is really that simple? i hope so. i read it somewhere but wasnt sure. It has been mentioned by someone else that it is simply my word against his (but if that was the case he could claim the walls were originally blue and the carpet pink if he wanted, couldt he?) if it is just my word against his then how would I match up to a professional liar and blagger in a court room?

          Originally posted by justaboutsane View Post
          Apply online to sue, print docs and send to him stating if you hear nothing in 7 days you will hit the send button.
          bloody excellent idea!

          Comment


            #6
            I would also report the lack of the gas certificate!!!

            And as was mentioned before - no inventory - no deductions! He can't just produce an inventory - you would have had to sign it at the beginning of your tenancy.

            Go for it!!!!!!!!!!!!!!!!
            Mrs Jones
            I am not an expert - my posts are my opinion and should not be taken as fact!!

            Comment


              #7
              there is actually another ex tenant from another of this landlords flats, its coming up to 2 months now and he hasnt written, phoned, nada!

              anyway, ive written 2 kick ass letters (one for each of us) and have given him 14 days to respond. ive registered on moneyclaim site and am ready to file.

              thanks everyone for the replies

              Comment


                #8
                case studies

                Hello,

                Does anyone know where I can access an online database of court cases involving disputes between LL's and tenants?

                I want to research cases similar to my arguments that were found in favour of the tenant. (I think this helps in court).

                Thanks

                Comment

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