Help me get my bond back

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    Help me get my bond back

    I recently rented a property privately from October 2012 to March 2013. In December 2012 the small wall at the front of the property fell onto the pavement (the entrance part of the wall and just the corner). I had noticed the wall leaning and assumed this is why it had fallen. I informed the landlord via text, who replied saying they will look at the wall over the weekend. I never heard anything back regarding the wall and it was still damaged when I left the property in March 2013.

    I have chased my landlord 3 times for my bond, they said they would sort it out, but today I received a reply stating that they would sort my bond out after the wall has been sorted. I replied saying I did not realise I was being held responsible for the wall as it was already leaning and this is why I thought the wall had fallen. After speaking with them, they are adament the wall has been knocked, and I have to cover the costs. If this was made clear to me at the time I would have repaired the wall sooner, instead of living with bricks on my driveway, and part of the wall missing.

    No condition reports were done upon my leaving the premises. Where do I stand???

    Thank you.

    #2
    I would certainly contest this. Was the state of the wall listed in your inventory/ If not, then I don't think your LL can charge you for it.

    Comment


      #3
      Was your deposit (bond) protected by a Tenancy Deposit Scheme?

      If so, contact the TDS company straight away and make it clear you wish to dispute this deduction. The landlord will need to prove the condition of the wall at the point you moved in. If they cannot prove that it was sound, they may not be allowed to make the deduction.

      If it wasn't protected by a TDS, your landlord may be holding your deposit illegally. They will need to pay you back the full amount regardless of any deductions they believe to be justified. They may even be liable to pay you back MORE as a penalty for holing it and not protecting it in a TDS. It might be worth politely pointing this out to the LL if this is the case.
      IANAL (I am not a lawyer). Anything I say here is just an opinion, so should not be relied upon! Always check your facts with a professional who really knows their onions.

      Comment


        #4
        This was in England?? Which deposit scheme was it in?? Have you contacted the scheme & disputed what the landlord is saying?? see..

        http://england.shelter.org.uk/get_ad...nancy_deposits
        I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

        Comment


          #5
          Thank you for your advice.

          It is in England. There was no inventory. All I have signed is the tenancy agreement. No checks were done with me when I left the house. I emptied the property, cleaned it and was told to post my keys through the letterbox.

          I have checked the Tenancy Deposit Scheme and cannot locate my deposit. I did share the property with another person for the previous 6 months (April 2012 to September 2012), he paid our bond and signed the tenancy agreement, but I still cannot find the deposit under his surname.

          The landlord has also demanded a receipt for a window which was replaced when I shared the property. I informed him that the other person had dealt with the window as they were responsible for the damage. He still insisted I get the receipt for guarantee purposes, even though that was from the previous tenancy agreement?

          Comment


            #6
            You may find that the letter on this page results in a prompt return of your deposit.
            http://tenancyanswers.ucoz.com/index..._protected/0-4

            You would seem to be in a very strong position, the landlord has virtually no chance of getting the full cost of the wall repair from your deposit but keep this thread updated with your progress - if it gets dodgy you will get plenty of help here.

            Comment


              #7
              Just an update...

              I spoke to the landlord today requesting which Tenancy Deposit Protection Scheme my bond was with and what the tenancy code / reference number was. He informed me that the bond was not in a scheme as they had rented to us as friends and family (he knows the previous tenant I shared the property with). I said he was required by law to put the bond into a Tenancy Deposit Protection Scheme, he repeated it had been done on a friends and family basis. I said I will have to get some advice from citizens advice, he agreed with me. So I have sent the letter you suggested via recorded delivery.

              Thanks again for all the advice.

              Comment


                #8
                You can sue for up to 3x deposit..

                http://www.tenancydepositclaims.co.uk/

                Silly, very silly, landlord...
                I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

                Comment


                  #9
                  Good. Sounds like you have done the right thing. You've probably hopefully put the wind up him. So if you were simply there as "friends" why did he require any deposit at all?

                  Regardless of whether you (or your co tenant) were friends or family of the landlord, the fact is that you were paying a rent and had a legal status as tenants. The law still requires any deposit paid to be protected.

                  Aside from any of this, it sounds highly dubious to expect you to pay for the repair of the wall unless you mis-used it in some way and caused it to become damaged. Normal wear and tear or something falling down of it's own accord are the landlords responsibility. And that would be the case even if the deposit was properly protected!

                  Please let us know what happens.
                  IANAL (I am not a lawyer). Anything I say here is just an opinion, so should not be relied upon! Always check your facts with a professional who really knows their onions.

                  Comment


                    #10
                    Originally posted by LJack View Post
                    they are adament the wall has been knocked, and I have to cover the costs. If this was made clear to me at the time I would have repaired the wall sooner, instead of living with bricks on my driveway
                    If you had nothing whatsoever to do with the wall falling over, why are you even entertaining the thought that you might have repaired it yourself?

                    Comment


                      #11
                      Because that's what I am like. I had another incident at Christmas. My bins were set on fire, I can only assume someone threw a lit cigarette over the fence, the Christmas wrapping paper caught fire & fence panels were damaged. I informed the landlord, they asked me to replace the panels and I did. Also, my dad is a builder so I could have had the wall repaired easily.

                      Comment


                        #12
                        I need some more advice if possible. I sent the recommended letter to the landlord. They had 14 days to respond, which has now passed. Can I now take this to small claims or is there another step I need to take? Thank you.

                        Comment


                          #13
                          See the end part of the information page.
                          I would sue for the full amount of the deposit only via MCOL, or the "normal" paper route.
                          Allow tenants to protect their own deposits. I want free money when they do it wrong

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