deposit problems

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    deposit problems

    hi
    i am a newbie so please be gentil lol

    i have recently left my private let and am now having probles getting my deposit back from the landlord. he is refusing to give the deposit back claiming the house has damage to it and we have taken things from the house.

    he is saying that the carpets are dirty but i had them al cleaned after we left which cost me 80 pounds. also a broken door in the livingroom which i have never noticed and haven't seen so at this moment i can't really comment on this. also that i have taken curtains and a glass which i have told him have possible been packed with our thing by mistake(the glass is part of the bathroom set and the curtains are from the kitchen) i explained to him that i had no reason to take a random glass and curtains , my new windows are a 90 inch drop lol , i also explained to him that we had signed no invenrty when we moved in , his reply was that he had an inverty but i made it clear that it was unsigned by us. to which i was told well if you want to fight this on you go. very mature!! i also know that he has new tennants moving in to the house in a few weeks and they seen the house the way it was before the carpets had been cleaned. he is also saying a didna't give him the proper notice. i foned to explain we were moving out at the end of april. and he asked me to give the notice to his daughter in law as she was the agent. she came round to let someone view the house and i gave her it then along with the new adress for us. ihe had came over and a kept him upto date with things as my partner had been stuck in usa due to the ash cloud so we had verbilly asked for an extra month in the house which he agreed to. i told him at that point i would see if a knew anyone intrested in the house and we wanted to be out asap also if there was anything i cpould do to help i would as i didn't want him losing money on renting it out. i am really annoyed by this as we were good tennants and never caused any problems , we even let him keep his stuff in the garage and the loft

    anyway sorry its like a book. hope for some advice soon

    nic

    #2
    People in this forum, will ask you for the following information.

    Are you in England and Wales.
    When did you last sign a contract with your LL.
    And is your rent below 24,000 per year.
    Disclaimer: What I say is either right or wrong. It may be advisable to check what I say with a solicitor. If he says I am right then I am right, unless he is wrong in which case I am wrong; but if he says I am wrong then I am wrong, unless he is wrong in which case I am right

    Comment


      #3
      Originally posted by mjbfire View Post
      And is your rent below 24,000 per year.
      Current threshold for assured shorthold tenancies is £25,000 per annum/£2,083.33 per calendar month.

      Comment


        #4
        hi i live in scotland and yes the rent is below that.
        many thanks for the

        Comment


          #5
          Originally posted by nicolabutton1981 View Post
          hi i live in scotland and yes the rent is below that.
          many thanks for the
          Scottish law is very different (but you already know that!) Most LZ members deal only with law of E&W; sorry
          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).

          Comment


            #6
            As a very general principle, the landlord will have to prove that the damages and missing items are genuine.

            You will probably have to sue for this.

            If you have no proof that you gave correct notice, then the landlord might counterclaim against you.

            As you are in Scotland (as Jeffrey said) the law is different, so this is general advice. You might want to contact "Shelter Scotland" for better advice.

            If your landlord isn't registered, you might be able to get help from the council too.

            Comment

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