What to do for best chance of getting deposit back?

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    What to do for best chance of getting deposit back?

    Hey,
    I just have a question whilst preparing myself to leave my current lodgings.

    I feel it is unlikely that I will get my deposit back, my live-in landlord is very hard to talk to about house matters and always saying they have no money, I do not trust them. From what I have heard about their treatment of previous tenants I think they will attempt to retain the entire amount. I've wanted to leave for a while because of this mistrust, but am only now able to.

    What can I do to best prepare myself to fight this? I was thinking of taking lots of pics of the room before I leave, what else can I do? Get them to check round the room with me on the last day?

    Obviously being a lodger the deposit is not protected and my license states it should be returned within a month of my departure.

    #2
    Originally posted by Synonymous View Post
    What can I do to best prepare myself to fight this? I was thinking of taking lots of pics of the room before I leave, what else can I do? Get them to check round the room with me on the last day?
    Both could help. You can also ask in advance if there's anything he intends to withhold money for, in order to let you have the chance to rectify matters before you leave.

    If you take photos, a useful tip is to include the front page of today's newspaper in the pictures, as proof the photos weren't taken before that date.

    Was there a signed and agreed inventory carried out when you moved in?

    At the end of the day it may come down to having to threaten him with the small claims court, and following up on that, which means making sure all your supporting evidence is tip-top (ie, the photos would certainly help).

    Comment


      #3
      Also, T could suggest that L lodge the full deposit with a trusted third party (agreed by both) with instructions concerning:
      a. how that party is to pay it out; and
      b. what L would need to prove in order to direct that some of it be returned to L and not paid-away to T.
      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


        #4
        Originally posted by jeffrey View Post
        Also, T could suggest that L lodge the full deposit with a trusted third party (agreed by both)
        But why on earth would L ever want to agree to that?

        Comment


          #5
          I was a lodger, recently stung by my L. . . be careful!

          Photos are a good idea, though they didn't help me in my case (mind you, neither did the elders on this forum!). L invented a damage to an obscure item. Anyway, as long as they don't charge you too much, they know you won't dispute it in the Small Claims Court due to time, money and stress. Good luck!

          Comment


            #6
            What was the end result in your case MrD? You have not updated the thread you started with an end result.

            pm
            Before acting on forum advice, you may wish to consult an expert, someone who has all the relevant facts, and who accepts liability for their advice.

            Comment


              #7
              Originally posted by faithhevans
              According to me as in your case you cant able to take your deposit back any how.It is not possible at all so nothing but to forget it.
              Sorry to hear of your problems FE, but the deposit is the lodgers in the eyes of the law until the landlord proves that it should be paid to him.

              A claim at www.moneyclaim.gov.uk is relatively cheap and easy - and presuming Synonymous wins, those costs would be added to the award.

              Comment


                #8
                Originally posted by Ericthelobster View Post
                But why on earth would L ever want to agree to that?
                As a sign of honesty? Some landlords are honest, despite what we read.
                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


                  #9
                  Originally posted by jeffrey View Post
                  As a sign of honesty? Some landlords are honest, despite what we read.
                  OK, it's possibly something that could have been suggested at the point of moving in, before the deposit was handed over, but this is a case where T is on the point of handing in her notice to what she perceives to be a dishonest LL, and is concerned that he won't hand back the deposit. So if he won't pay it to the T, he's hardly likely to pay it to a third party instead...

                  Comment


                    #10
                    Yes- this way, T can test him if he protests that he is honest (despite her doubts); she can ask him, in effect, to put his money where his mouth is!
                    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


                      #11
                      I've got to agree with Eric here, its a bit late for a third party now seeing as I've been in over a year and am on the verge of leaving - would look a bit suss if I started trying to protect the deposit now, like I had done some secret damage!

                      There wasn't really an inventory, just written on the agreement the pieces of furniture included, nothing about condition or anything.

                      MrD, what obscure thing was damaged? If I have one I'll take extra photos!

                      Comment

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