Help-moved out since Sep-LL still keeping deposit

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    Help-moved out since Sep-LL still keeping deposit


    I know you might have this question before but I can't seem to find anything on this to print out and show my ex-landlord.

    I had stayed in the flat from 20 March 2003 and had moved out from the flat on 22 September 2004 as I planned to go back home to my country, Malaysia. My landlord asked me for a forwarding address so that he can post me my deposit. I paid a total of £500 as deposit.

    I gave him my friend's address and asked him to send my posts that I might still get (you can never be too sure if you managed to re-direct all your posts).

    I waited for a month and I did not hear from my friend. When I e-mailed him, he informed me that there was nothing in the post for me. When I phoned my ex-landlord, he said that he's going to withold my deposit as I have not paid the gas and electricity. On top of that, he's charging me £50 being payment to re-seal a few tiny holes on 2 of the doors to the rooms (I had to screw in some holes as the doors were not secure and before I left, I made sure they were properly sealed) and to re-paint them (the colour of the doors were very light beige - the holes were not very prominent). On the day we move out, he was there and he went through the whole flat and did not comment on anything as we cleaned the whole place inside out.

    Not just that, when I asked him if he'd received any of my letters, he said he did but because I was no longer in England, it was illegal for him to re-direct them to my friend's place.....

    After much discussion, he decides to send me a cheque for £200. Here's an extract of the cover letter "...British Gas and the Electricity company inform me that there are considerable amounts outstanding and until they and myself can confirm these amounts I am with holding some of the deposit I have...I am charging you £50 to repair/fill and paint both doors and frames and I will be holding back a further £250 to statisfy myself that this will be enough to pay both the gas and electricty bills when it is agreed with me. If you add this up, you will see that for your sta at the flat for some 18 months, this works out at something like less than £11 per month for both...."

    Unfortunately, I had lost my payment details during my move and cannot argue with him. I was able to contact British Gas and after a few delays from them, managed to receive a copy of my gas bill which says I do not owe them any money. I am still trying to get hold of Seeboard.

    After waiting for some months (as my landlord says that he'll be contacting them himself), I chased him up. To my surprise, I was told by him that bailifs had actually looked him up, chasing for thousands of money!

    In a state of shock, I did not managed to ask which Court it was. The next time I called up, I asked him which Court, he told me it was the Croydon County Court. I was having sleepless nights and being a Christian I quicky asked my friend to go to there to and ask how much it was so that I can pay it.

    After a while, when I did not hear from my friend, I gave my ex-landlord another call. I requested him to give me the details of the gas and electricity so that I can contact them myself, he was furious, saying that he had wasted a lot of money contacting them and they did not reply, etc and said that if I want my money back, I should come back with proofs that I had paid them. These conversations had been happening again and again everytime I phoned him (they are costing me money as well as I was the one who calls him) and I would keep telling him that I have confirmation from British Gas that I do not owe them money but to no avail. At times, he would be quite sacarstic and made remarks saying that I am still in UK!! He knows that one of the reason I'm going back is because of my mother's ill health.

    Finally, it came to a point where he threatened me by saying that if I were to call him again, he said I will be sorry and hung up on me! I was only trying to get information from him as he gave me the impression that he has my customer numbers or account numbers and each time he did not want to answer my questions. I think this was the 10th time I called him and by then, even I am mad. I him back and twice the wife answers the phone and would again threaten me. The last time I tried, it went to voicemail and I said to them that if they do not give me my deposit, I will try to go to Court for it (good thing you can put in a claim via internet!).

    After the fiasco, I was informed by my friend that Croydon County Court did a search by the address and no details were found.

    About 2 weeks later, I got an e-mail from another friend of mine. As I have no use with my mobile sim card, I had given it to her and she told me that someone has been trying to contact me. I recognised the number as the ex-landlord's. Anyway, to cut it short, I had alas receive another payment of £150 but he's still keeping the rest.

    Recently, I was told that landlords cannot with hold deposit for such reasons of not paying bills as all of them were in my name. Do you know where I can find case laws or something to that effect so that I can send this to him?

    Another thing is, I was told that it was very, very expensive for him to charge me £50 on re-sealing the tiny holes and re-painting the doors and frames. Can I do something about it?

    It is going to be a year in four more months and it has been stressfull, taxing and I am wasting my time and money. Please help me.

    Thank you very, very much.

    I'm afraid your post is far too long to give any detailed reply. Your only redress if you don't agree with your landlord is to take him to the small claims court, where he will probably lose as the onus is on him to prove your alleged misdemeanours.

    Only problem is you are in Malaysia and your landlord knows the liklihood of your doing anything is remote.
    The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.


      Oops Sorry

      Hi Paul

      Sorry, I'll make it quick :-

      Paid deposit - £500 on flat. Stayed from March 2003 until September 2004.
      Problems getting £ back - delay tactics from ex-ll ranging on bailifs from County Court to being told by gas & elec company that I owe thousands of pounds. All untrue.

      Received cheque for £200 & £150. Ex-LL keeping £100 & £50 for payment to re-seal tiny holes & repainting 2 doors & frames.

      Q1) Do you have any case law that I can print and show him that he cannot keep my money? - He has sold the flat last year!
      Q2) Can I argue on the £50?

      Thank you very much.


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