Landlord withholding deposit

[SideShowBob1972]

I apologise but this is rather complex and in 2 parts.

We moved into rented accomodation on 2 Feb 2007 on an assured shorthold for 6 months. We left the property on 29 Sept 2007 following a 1 month notice period.

When we moved in we paid £795 deposit.

Part 1 -

During our tenancy we had a few financial difficulties and were late with our rent a few times and on one occasion were in arrears.

In June 2007 the letting agent deducted £375 from our deposit to cover 'rent arrears' leaving a balance of £420.

When we moved out in September we discovered the letting agent had miscalculated the rent we had paid and there was only £84 shortfall and not £375. We claim that our deposit balance should be £711 not £420.

Part 2 -

Three weeks after we moved out we received a letter from the letting agent listing the following.

Deposit held: £420

Expense:

Decorating costs of £380.00
38 hours @ 10.00 per hour

Paint and materials £25.00

Cleaning Materials £5.00

Administrative fees £88.13

Total Costs: £498.13

So they are saying there is a shortfall of £78.13 and demand we pay it. They then wrote to my Dad who is guarantor threatening court action.

We feel that the deductions are unfair and we were not provided with a checkout report, schedule of delapidation, receipts, invoices or breakdown of any of the costs. Furthermore we do not agree with their calculations of the deposit balance.

I tried mediation via the local council but they are sticking to their guns.

We decided not to deal with the letting agent anymore and go straight to the landlord. We have written him an LBA and intend to take him to court.

We agree that there was damage to the walls of the property caused by mold due to damp, which the landlord was well aware of as it was raised when the letting agent made and annual maintenance inspection in June 2007 and is included in their report.

Any advice on how to proceed? I am hoping that the sight of court forms may make the landlord back down, but how would a Magistrate see this.

We have no photographs of the property before or after and only have witness testimony to the condition of the house.

The initial inventory shows that the house was in 'fair' condition when we moved in and as far as we are concerend it was in the same contition when we moved out allowing for 'wear and tear'.

[MrShed]

How much in arrears were you(ie days) and what is your monthly rental?

[SideShowBob1972]

Monthly rental was £695

As to the time in arrears, it was about a week.

Thing is we have never had a statement of accounts from the letting agent, even after we moved out.

[MrShed]

That gives a £160 shortfall in rent?

[SideShowBob1972]

But we made up part of the shortfall by overpaying in subsequent payments.

Our calculations show we have an £84 shortfall.

Should we ask the letting agent for an account statement?