Agency withholding part of my deposit.

[Mark Zabel]

Hi would be very grateful for any advice on how to go about getting back my £113.56 that the letting agency have kept from my deposit. Basically we moved out of a property after 6 months . 2 weeks later the agency said they were keeping some of my £700 because we have attemped to paint a wall with a roller which is a complete load of rubbish, No way would we paint a section on a wall . They have E-Mailed pic's of the so called paint job . I have just received back after 1 month of waiting £586.44. What a scam !!!!!!!!

[MrShed]

So are you claiming the the paint was there when you moved in?

[Mark Zabel]

No there was no damage there in the first place , the pic's they sent looks like a light shinning on a section of the wall about 8 ft up the wall .The house was left in a much cleaner state then when we 1st moved in . I really don't believe there are people about like these.

[topletters]

Hi

My first question to you be this: did you do an inventory check with the letting agent both when you moved into the property and on the date of your departure? Did you take any photos of the condition? Another question I have is to ask when did your tenancy commence? If it happened to be after 06 April this year, your deposit would be protected.

If you are adamant that you did not apply this paint they suggest you did, and assuming they cannot prove it, I suggest you write to the letting agent pointing this out and that if they do not refund the rest of your deposit within say 7 or 14 days, you will take them to the Small Claims Court. Mention that you have received professional advice.

Hopefully, they will back down. Having dealt with lettings agents and landlords or several years, I know how they try to think up ways to keep a tenant's money.

Best wishes

[Mark Zabel]

Hi Topletters Thanks for the advice, Regarding the inventory checks ,the agent did one when we moved in but on leaving I asked if I needed to be present on the day of departure, They said that providing every thing was in order there would be no need , which I accepted . This is my first let so I am not very well up on these things . We took out the tennancy on the 4th of april so it was before the new scheme .Unfortunatly I did not take any photo's before we moved (Never gave it a thought) but will do in future. The agent new this was our first let and probably knew we were not very well up on these things . If we were to take them to the small claims court what would it cost us? and would it be worth it ?

[topletters]

Hi Mark

To take a claim to a Small Claims Court would cost £30.00 if you are claiming anything up to £300.00. I believe it is £45.00 if over that. Even if you have doubts about actually applying to the SMC, to warn of such action in your letter might just persuade the letting agent to back down. I have seen it happen many times.

Another option you could consider is contacting the housing advice team of your local authority and see if they will mediate with the letting agent on your behalf. You could also speak to your nearest SHELTER office.

Best wishes
topletters

[Mark Zabel]

Thanks again topletters , I will get the ball rolling this week , I will keep you posted if I have any luck .