Help, LL not returning deposit (yes, another one!!)

[heidi1]

Hi,

Just a bit of background. I rented a property from someone I know through work, and so trusted.

The tenancy lasted just over 2 yrs and we moved out about 2 weeks ago. My landlady was away on holiday the weekend we moved, and so I met her father, showed him around the house etc etc.

I even painted my sons bedroom back white and removed the carpet (solid wood floor underneath) as I said I would. I cleaned the whole thing top to bottom. At that stage there were no issues.

Anyway, we have been waiting for the return of the bond that she said she was posting last week. My husband phoned her last Friday, no reply, I phoned her today, and recieved a text back saying she has not returned the bong as there is a dispute with the Gas and Elec suppliers re: non payment. We have been paying £140.00 a month on this. OK so we have a large final bill, but BG have my forwarding address, I have spoken to them and its all getting sorted and paid, so why should my LL withold my bond?? And WHY has it taken me and my husband to chase her to get her to tell us this?

Her other complaint is that there is a dispute with the oven. The oven works perfectly fine. Its clean also.... which is where the problem starts. Its a stainless steel oven, and upon trying to clean the front of it, the markings came off (ie, the bits that tell you the oven from the grill, and the temp and timer etc...) The instruction manual is in the kitchen draw with all the funtion instructions in it, I managed ok for 12 months or so with out all the markings. Surely this is wear and tear?? and a matter for the manufaturer to sort out, or not?? What am I supposed to do, not clean it? The oven is in perfect working order, plus we did not request a new oven when we moved in, but thats neither here nor there!

I know this seems very trivial, but both myself and my husband are very annoyed about this.

Any thoughts,

Thank you for reading!

[MrShed]

Bills - no justification at all for her to withhold.

Oven - maybe so. Clearly there was no intention to do so, but you have in fact damaged the oven. Did you sign an inventory upon entering the property?

[heidi1]

I cant remember, LL said she was going to meet us at the house with the inventory, but she never did, and this inventory has never materialised....

I may have signed one and I'm just being an old cynic! If I have, would I have been given a copy?? Surely I would..???

Thanks for your reply too!

[Esio Trot]

Originally Posted by heidi1

Her other complaint is that there is a dispute with the oven. The oven works perfectly fine. Its clean also.... which is where the problem starts. Its a stainless steel oven, and upon trying to clean the front of it, the markings came off (ie, the bits that tell you the oven from the grill, and the temp and timer etc...) The instruction manual is in the kitchen draw with all the funtion instructions in it, I managed ok for 12 months or so with out all the markings. Surely this is wear and tear?? and a matter for the manufaturer to sort out, or not?? What am I supposed to do, not clean it? The oven is in perfect working order, plus we did not request a new oven when we moved in, but thats neither here nor there!

I know where you are coming from. My wife and I were looking at cookers a few weeks ago. Most of them now seem to have these transfer type markings painted or stuck to the frames around the knobs. On one I used my fingernail and without much pressure scraped off a bit of the painted numbers.

Ovens and cookers get greasy. It seems that you can't even use nylon scourers on the surfaces - so unless chemicals are used, how the dickens are they meant to be cleaned?

IMO these type of markings are not fit for purpose.

[heidi1]

Here here!!

I'm sure if I hadn't cleaned the oven in all the 2 yrs we were there she would still be complaining, so how do I win.... the answer is I cant!

Its a design fault in my opinion. Also, in her text to me she said "that oven was new when you moved in", yeah, so it was, am I not supposed to use it so its still new when I move out 2 and a bit yrs later, raaaaaarrrrgghhhhhhh!!

Sorry, had to get that off my chest. I have enough going on at the moment and really dont need this from her. If only she knew! She wont answer her phone, she promised to call last night in her text, and never did, so how the hell do we sort this out?

That is her only complaint and she is witholding £300+ from me for that. The bills I understand she cant do that for as I am sorting those out myself with BG!!

I wonder if there is a mobile service avail that I can pay for to transfer the markings back on ,lol!

Heidi

[heidi1]

Oh this just gets better. Shes just rung me back (hooray), apparently BG have issued a warrant to disconnect the supplies, they know I dont live there anymore, derrrr! But that explains why she's peeved. Anyway I'm going to sort that out with BG.

Expl about the oven, she said the the button is missing off the ignition on the hob, do I know where that is ?????????? erm, no!

Told her where the instruction manual is, she said she needs a gas inspection doing. Fair enough, told her I'd price up a replacement panel, I'm not paying for a complete new oven, no way.

Husband just phones me on his way home and takes a minor detour via old house. There's no kitchen, just a sink. The oven is in the middle of yhr living room floor, the floor tiles are outside, the fire place has been ripped out and it all looks ready to be replastered...... so if shes gutting the place, what the hell is she complaining about? She had no need to do it as we left the rest of the house as we'd found it, even to the point of redecorating the weekend we moved!

She never mentioned any of the above on the phone to me at all, so I pay for a new oven it looks like she's going to replace anyway with no need to.... me thinks not!

Heidi

[MrShed]

Doubt BG have done that btw - I'm sure that fairly new rules mean that supplies cannot be disconnected for arrears any longer.

[mree]

Originally Posted by MrShed

Doubt BG have done that btw - I'm sure that fairly new rules mean that supplies cannot be disconnected for arrears any longer.

Nope, all they could do is come round and fit a prepayment meter, but a debt would have to be outstanding for ages before that would happen! And as you've told them you've moved out, they certainly wouldn't be threatening to fit a prepayment meter for your debt, it would have to be for debt accrued after you left.

[heidi1]

I rand them last night, they have cancelled the warrant as I suspected, they did that as soon as I notified them that I had moved out. So she has no come back with that.

I have asked LL to supply me with the oven serial number also so I can make enquirires about replacing the panel thats "damaged" on the oven. That sounds fair enough doesn't it?

Heidi

[Flitwick landlord]

Originally Posted by heidi1

That sounds fair enough doesn't it?

Heidi

Heidi, IMHO it seems that you have been more than fair! I wish you & your husband were my tenants!!

IANAL but I think (worst case) your LL should have obtained a quote for the replacement panel and then deducted it from your deposit. However, 2 points seem clear from what you tell me.

1) The balance of the deposit should have been handed over straight away. Just the amount in dispute can be witheld.

2) The panel on the cooker seems to be covered by Fair Wear & tear (FWT). I am not sure legallly she would have a case.

I have had some nightmare tenants and I have had some good ones. I aim to be a fair landlord but there are certainly some nightmare ones out there and unfortunately yours eems to be one of them!!

Good luck with all this!!

[heidi1]

Thank you for your reply, I really appreciate your input.

She promised to call me back last night again to discuss, and guess what... she never did. I called her again this morning. She hasn't had time to call BG or get the serial number for the oven.... to say she was so concerned about the warrant, she's not exactly being quick to sort things out.

May I ask, how long legally does she have to withold my deposit, because my DH is going ape and wants to call in the dogs! (solicitors, no offence, just a term of phrase!!)

She said this morning she MIGHT ring me today or tomorrow..... excuse me but I need that deposit like 3 weeks ago lady. I'm already £500.00 down this month as I had to give new LL his bond.

Many thanks for everyones help, much appreciated

Heidi

[MrShed]

Timescales I would say:

- 28 days after leaving, write a letter asking for return of deposit within 14 days.
- If not returned, write an LBA,demanding payment, again within 14 days.
- If still not returned, write a final LBA giving 7 further days.
- Then proceed to small claims.

[heidi1]

WOW that was quick, have you nothing better to do, lol, only kidding!

Thank you for your help, IF I get any progress I will update this thread.

Thanks once again!

Heidi

[MrShed]

No problem - quiet work day

Just noticed, you do not need a solicitor for small claims by the way, I wouldnt go to the expense.

[oneofakind]

IMO, Just 14+14 days.
that's as much as CAG'ers give the banks, and it's more than enough for your landlord. I was in a similar situation recently, and got it sorted fast just by waving the 'small claims' stick!

Loads of help on here for small claims, and it costs you very little... if you win, it costs you nowt!

[heidi1]

I've done small claims 2x with the banks, so that prospect doesn't frighten me. Told hubby earlier we dont need a solicitor. I'm sure it wont come to all that anyway, but you never know.

Heidi

[oneofakind]

Often, just standing up for yourself (in the correct way) is enough to get things done.