Landlord is being difficult with deposit !

[r_england]

Hello everyone, thanks for taking the time out to read this!

I shall make it as brief as I can.

I moved into a shard property with 5 other students on 01/08/06 till 31/07/07.

The deposit total for the house was £1680. And I have been trying to get my whole deposit back since.

The deductions which I am not sure about are as follows, but I would just like a little clarification if they are unfair.

Also, there was NO inventory at the start of the tenancy.

1) cleaning. The landlord says that he spend £150 on cleaning. He did not however provide us with an invoice for the cleaning company. Also new people moved in the day we moved out. So when did this cleaning take place? Or when did he manage to inspect the house?

2) replacement fridge parts. £55.60. I did not even know that these were missing. And as I said there was no inventory so how can he prove that they were in the house to start with?

3) wardrobe repair. £40. In one of the rooms the landlord says that he fixed a broken wardrobe door. Again no invoice, and no inventory. He did not even give me the chance to fix it myself.

4) replacement oven. £165. One of the housemates broke the oven door one day, when I was on holiday. When I came home the oven door had been replaced. I have been given an invoice for it, but for a whole new oven, not just a door.

So my questions are;

A) which of the above do you think I may be able to claim back?
B) how important is the lack of an inventory?
C) I remember reading that if the landlord replaces something, such as the oven and the fridge bits, that we are entitled to have the old ones? I know that we may not have much use for an oven, but if we paid for a new one then it would be fair to get the old one. And something about him having to keep these things for 12 months after the end of a tenancy?
D) I am happy to take this to the Small Claims Court, but am worried that it will cost me a lot of money. I don't want to have to pay his fee's! (He did send me a letter when I sent him a LBA saying that my costs would be massive)

I am a hardworking student, and every pound matters to me.


I really appreciate you looking at this for me. I hope that you can help me.


PS. does the fact that new students moved in the day we moved out make all his claims based on loose ground?

Thanks again

[MrShed]

Was the entire oven actually replaced? Or just the door?

You would not become liable for his legal costs if you went to SCC.

The lack of inventory, IN THE ABSENCE OF OTHER FORMS OF PROOF, is very important, as the onus of proof is on the landlord to prove damages. However, be aware that there may be other forms of proof(eg dated photographs) and also be aware that rulings in SCC are down to "balance of evidence" not "beyond reasonable doubt". In laymans terms, this means it is who the judge believes, and as such proof(such as an inventory) is not neccessarily required. So it is important that the lack of inventory is not your only argument.

Cleaning: difficult to say without seeing the property before and after.
Replacement fridge parts: you need to clarify what parts are missing. Although this is one where the inventory is fairly key.
Wardrobe door: you do not have to be given any opportunity to self repair.

It is nigh on impossible to say what you can claim back without having seen the property before and after to be honest. What I can say is that without invoices and/or inventories or other proof, the landlord will struggle to keep hold of these deductions were the issue to go to court.

[r_england]

Originally Posted by MrShed

Was the entire oven actually replaced? Or just the door?

You would not become liable for his legal costs if you went to SCC.

The lack of inventory, IN THE ABSENCE OF OTHER FORMS OF PROOF, is very important, as the onus of proof is on the landlord to prove damages. However, be aware that there may be other forms of proof(eg dated photographs) and also be aware that rulings in SCC are down to "balance of evidence" not "beyond reasonable doubt". In laymans terms, this means it is who the judge believes, and as such proof(such as an inventory) is not neccessarily required. So it is important that the lack of inventory is not your only argument.

Cleaning: difficult to say without seeing the property before and after.
Replacement fridge parts: you need to clarify what parts are missing. Although this is one where the inventory is fairly key.
Wardrobe door: you do not have to be given any opportunity to self repair.

It is nigh on impossible to say what you can claim back without having seen the property before and after to be honest. What I can say is that without invoices and/or inventories or other proof, the landlord will struggle to keep hold of these deductions were the issue to go to court.

Hello, thanks for the lightning fast reply!

Yeah the oven door was replaced, but the invoice if for a whole new oven. So I dont know what he is buying a whole new oven for? He has a number of properties, and would not be surprised if he was keeping it for spares.

What about the thing I mentioned about him keeping replaced items for 12 months? If I am paying for a new oven, maybe I should get the old one?

Rob

[MrShed]

Well you clearly have a dispute if he has charged you for a new oven and not in fact purchased one for this property. You certainly should be pursuing this.

With regards the 12 month/you getting replaced items thing, I have never ever heard of this. I would very much doubt it - not meaning to have a big head here but having dealt with deposit matters for many years, I would have thought I would have heard about it!!! That said, I am not categorically saying that it is not the case, but I would await confirmation from another senior member

[demon_x_slash]

You may be thinking of the period for which a landlord is obliged to store property after an abandonment?

[r_england]

Hi

Sorry for the late reply, I was having tinternet problems.

I think that may be the 12 month thing I was thinking about.

So what do you think? Worth going after the money. To me, the fact that people moved in the same day we moved out makes his defence in court a little thin.

There is not proof that he cleaned after us and not them. Do you see what I mean?

Thanks again for looking.

Rob