My Security Deposit Woes (I need all the Help I can get)

[wezwalt]

I moved into a one Bedroom (Very small) Apartment and I paid a Bond of £395.00

This was in August 2006, After 6 months I decided to extend the contract for another 6 months. In April and May my rent fell behind as I was going through a bit of financial difficulties but I managed to pay the my rent upto date (That is the end of the contract). During the time I was behind with my rent at one point my Landlord changed the locks on the Apartment and I had no access to the apartment.But after paying the rent it was resolved. One of the Cupboards in the kitchen fell from the hinges and I advised the admin team at the flat but this was not rectified until I moved out of the property.I finally moved out of the property on the 22nd of August 2007 and I gave the Landlord a forwading address but I did not here anything for a month. I finally wrote a a legally threatning leter last week which is after 3months (23rd of Nov 2007) that she emailed back saying that they sent a cheque in the post to the new address.

I recieved the cheque today and it is for £50 only.(Shocking I know).

I have already advised her of legal action if she does not pay back. What should I do and can I get any sort of compensation for the whole time she was gaining intrest off my money ?

Please everyone go all out on this one. help me with any advise or action I can get.

[wanderingsoul]

I think it depends on what they are actually charging you for? The cupboard alone cannot cost that much. Do you have confirmation with your cheque of what deductions are included? Did you fill out and sign an inspection report when you moved in?

[wezwalt]

This is how much they have deducted and documented :
Replacement of Bulbs in Bathroom : 3 x £5 = £15
Replace light bulb in Bedroom 1 x £5 = £5
Replace 2 bath Towels = £20
Replace Duvet = £10
Replace pillows 4 x £ 9.00 = £36
Replace duvet covers 2 x £26 = £52
Replace bottom sheets 2 x £13 = £26
Replace pillowcases 4 x £4 = £16
Replace 6 white kitchen towels 6 x 2.50 = £15
Broken/damaged laths on blinds 6 x £2.50 = £15
Repair damaged Kitchen door £55
Bond Paid
Total deduction from Bond £340.00
Balance t Tenant £55
Do you think this is fair or robbery ?

[MrShed]

Did you sign an inventory upon moving in?

[wezwalt]

I did not do an inventory with the Landlord.

[wanderingsoul]

This is probably why they are 'trying it on' with you. It seems to be a landlord, and not via an agency, Correct?

Basically, and Im sure Mr Shed will agree, you are allowed by law 'reasonable wear and tear' (sorry-spelling?) of the dwelling.

However, you cannot prove how the flat looked when you moved in. Do you have any photos, or agreements with the landlord? emails or letters? inspections? Look for the paper trail - they normally leave one. Find where the landlord has gone wrong or broken his own contract, and then you can attempt to kind of even up the situation.

He cannot charge you full replacement prices for 2nd hand items though.
Tell me all the paperwork etc you have, or verbal agreements.

[wezwalt]

Well I did an inventory with the letting agent and some of the stuff written on the Deductions paper were not even in the property. Come on guys charging £5 for a light bulb. (Must be the light bulb of eternal youth)

No Inventory done with the Landlord. But done with the agent. If yousee these apartments, everything inside is of the cheapest value and tenants in the property will testify to this.

[wanderingsoul]

OK. An inventory with the agent is all you need. The landlord doesn't really come into it because he has used the agent to set up the contract.
If some items were on the list though not in the flat, then the agreement shouldn't have really been signed or you should note this. Is there any way you can prove this?
You are correct in saying the light bulb charges are ridiculous, though that should really be done before you leave.
Sorry, I don't mean to sound like Im on their side, believe me I am not.
I suspect that as you fell behind with rent (although paid it back) the landlord may be thinking that he can grab a bit extra - he didn't realise you would be switched on about it and fight it!

I am hoping Mr Shed can advise more on the legal obligations etc - but there are a lot of cases on here that have similar situations. I do know that they can't charge £5 for a lightbulb - they can't force you to pay that much for reasonable wear and tear - but you may also need to prove that you left it how you found it.

Let me know - I will keep checking.
Any luck with the paper trail?

[Ed999]

Read this thread: http://www.consumeractiongroup.co.uk...eductions.html