Landlord wont return my deposit

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    Landlord wont return my deposit

    Hi people,

    I was hoping someone could help me in regards to my problem.

    I have recently moved out from my studio flat and my landlord is refusing to give me my deposit of £435 back. He states that I had left the place in a mess and the carpet is really dirty. I accept that and had looked into getting the carpet cleaned but at the time I was moving out I wasn't able to afford it. I did however say to my landlord to deduct the cleaning cost from my deposit should I not be able to afford to.

    He is now saying that he will need to replace the carpet as everything in the room had been brand new and I agree he had done a "check in inventory" with me when I first moved in. However some of the reasons hes throwing at me as to why he cannot give me even part of my deposit back is upsetting me. He says the light bulb in the bathroom was left on the windowsill, the fridge light wasnt working, the cooker was dirty (bear in mind I have lived in this exceptionally small room for over 3 years) the blinds hadn't been cleaned and that the room was not in a state to let out again! The only clear fault I could see was the carpet but as soon as it would have been cleaned, the room would have looked more presentable and I do not agree with him that the room looks that bad that he cant rent it out again.

    He did not conduct a check out inventory with me on the day I left, rather he just told me he was busy and to leave the keys on the kitchen top.
    I have asked to come round and do another thorough clean, even to replace the light bulbs etc but he refuses. I even told him to take £235 and give me £200 as I need this money for my new landlady but he is still refusing.

    I dont know what I can do? Do I walk away accepting my money has gone or do I have any rights?

    Thank you to all that reply x

    #2
    When did you last renew your tenancy?

    If it was after April 07, you may be in luck...

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      #3
      It was before Apr 2007. Sept 2006 in fact

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        #4
        Originally posted by mistymemo View Post
        It was before Apr 2007. Sept 2006 in fact
        So new Deposit Protection rules do not apply- they affect only new Lettings (and Renewals) on or after 6 April 2007.
        JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
        1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
        2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
        3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
        4. *- Contact info: click on my name (blue-highlight link).

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          #5
          Originally posted by mistymemo View Post
          He states that I had left the place in a mess and the carpet is really dirty. I accept that and had looked into getting the carpet cleaned but at the time I was moving out I wasn't able to afford it. I did however say to my landlord to deduct the cleaning cost from my deposit should I not be able to afford to...

          ... the cooker was dirty (bear in mind I have lived in this exceptionally small room for over 3 years) the blinds hadn't been cleaned and that the room was not in a state to let out again!

          x
          Without being able to see the state of the place, I think you are perhaps being a little unrealistic. The two extracts I have posted above suggest that you seem to think it was reasonable to leave the carpet grubby (or worse) and the cooker dirty, because you had lived there for over 3 years. What difference does that make? A cooker can be left spotless irrespective of tenancy length.

          If you have wrecked a new carpet by not removing stains when they occurred, and by wearing outdoor shoes on it, then LL may well need to replace it. The cooker will cost about £60 for a deep clean and the whole place, by the sound of it, will take a good few hours to clean - at £10-15 per hour.

          I may be wrong, but I can imagine your LL being able to justify these deductions.

          If you feel strongly that they are not justified, you will have to start a moneyclaim online after sending hima letter before action telling him that you intend to sue him for your deposit back. But you could end up worse off, rather than getting your £200 back.
          'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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