Tenancy ended by agreement but L won't release deposit

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  • Tenancy ended by agreement but L won't release deposit

    I'm in the middle of a long saga with my landlord and agent.
    We've had a leak issue for 2 years which resulted in the kitchen ceiling needing to be torn down and replaced, the bathroom ripped out and potentially floor boards replaced.
    At this point we said that we really had had enough and would like to be let out of our lease early (to enable the work to be done without added disruption to us).
    The landlady reluctantly agreed to let us out two months later.

    Because of our concerns on how she may react we ensured that when we moved out we thoroughly cleaned the house (5 of us working for 7 hours), this included steaming the carpets, dry cleaning curtains, ensuring the garden was in order etc.

    We attended the house check with the agents and no problems were highlighted (i have their report and can't see anything in it that would be cause for concern).
    We then waited the alloted 10 working days that the agents had advised it would take to get the deposit and nothing turned up. The agents then contacted the landlady who out of the blue has now said that she has had to pay £335 to get the house professionally cleaned (which she felt it was necessary to do before all the building work) and also wants us to pay money to get the letterbox fixed (yet she seemed perfectly happy to do that herself before we said we wanted to move out).

    The agents have tried to get back in touch again with her but as yet have had no response.

    I assume now that i need to write a letter to her explaining my concerns about the deposit and requesting a response or we take her to court.

    Unfortanetly photo-wise we only have photo's of the awful state of the kitchen (no ceiling, bare wires etc) but i assume they can only help should it be taken to court (we are considering now claiming compensation for breach of quiet enjoyment of the property aswell).

    My questions really are
    does anyone have examples of letters
    what other info should i try to gather
    can we get additional compensation
    should she have contacted us first with her concerns so that we could have come to an agreement before going ahead with the work


  • #2
    deposit prob

    she is having a laugh. take her to court.
    tell her that in writing first, unless she repays within 14 days of your letter. tell her the grounds for that (your argument). it won't stand up in court.

    any more info, as me.

    i've taken two former L.L to court for this reason and won.



    • #3
      Agreed, the time for pussyfooting is over. Take them to court.


      • #4
        If the check out Condition report was agreed, then the LL has no chance.


        • #5
          Thanks for your thoughts.
          Have just found out that on the invoice for the cleaning are various comments about the fact that they had to do extra work to make the property ready for painting. We are at least 2nd tenants in and have been there ourselves for nearly 4 years. Is this not wear and tear? Should we really have had to make the property sufficiently clean for painting?


          • #6
            No - it is wear and tear - take them to court as advised!

            Any information given in this post is based on my personal experience as a landlord, what I have learned from this and other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person.


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