Landlord Won't Return Deposit

[chelsw5959]

Have read through loads of threads in this forum and have found them to be loads of help but I'm looking for advice in my situation.

I paid my £350.00 deposit to my landlord on the 30th June 2007. At the time the landlord didn't come into the flat (I met her outside and we exchanged 1 month rent and deposit) so we didn't agree on any condition. On entering the flat the smoke alarm was hanging off the ceiling (it was mains powered but still working, it had only come loose from the fixings on the ceiling). I phoned the LL and reported it to her and she said "Oh, I must come and have a look at that". We also spoke about various furniture and bits and pieces that had been left in the flat. She told me to leave them at the bottom of the public stairs and she would collect them. She also promised she would bring keys to access the bin area outside the flat and would drop off our lease and her bank details to set up the standing order. I phoned her about 6 or 7 times over the next month to remind her about all of these things but only managed to speak to her once, the rest of the time there was no answer or I left a message with her husband to call me back.

One day about 2 months before I moved out, I came home from work to find she had left the lease outside the front door, left all the old belongings at the bottom of the stairs and hadn't dropped off any keys. I had to pay one month rent into her bank account in cash because it took so long for her to give me her bank details! (I have the bank pay in slip receipt for this). I should have kept on at her about these things but was admitted to hospital 2 weeks before moving in after a particularly bad miscarriage and was in no mood no keep chasing her!

All the doors in the flat are fire doors and are swung shut by a metal catch at the top of the door. The kitchen door swung shut far too heavily and I asked her if I could loosen it at all, instead she said there were plastic doors stops in the flat that I could use to wedge the door open. I kept it wedged open all the time as the door was such a pain and I often babysit my 15 month old nephew so didn't want to risk him trapping his fingers or anything. The wedge has caused some of the wood to split at the bottom of the door (some damage was already there, presumably the old tenant doing the same as me?).

I handed back the keys on the 22nd (I actually gave 1 month notice on the 1st June and paid rent & CT up until 1st June but she asked me to move out earlier as a new tenant was waiting on entry) but she said she was too busy to meet me and asked me to drop the keys into a shop that she owned and she would return the deposit by online banking transfer. After a week I hadn't heard anything and the new tenant had already moved in so I phoned and her husband answered the phone. The conversation went something like this -

Me - Hello it's ...... can I speak to (LL)?
Him - No she's not available
Me - Oh, I was just checking that my deposit will be returned soon as I haven't heard anything?
Him - Yes, will pass the message on.

He hung up before I could say anything else. I have just got a letter today saying

"I have inspected .... and find that the smoke alarm has been disconnected and the door into the kitchen is damaged due to wedging open.

Once I have arranged for an electrician to repair the smoke alarm and have his bill I will arrange for the return of the balance of your deposit."

I sent her a (fairly nice) letter today expaining what I've said above about these things and explaining that £350.00 is a lot of money to us and that I think we are being unfairly blamed for these etc. She doesn't even have a signed lease from us as I didn't bother to post it back as I was on the verge of moving out (trouble with local kids breaking the public flat windows, graffiti on the stairs etc).

I'm presuming that the deduction will only be small as she has only mentioned the electrician's bill but what's really bothering me is that I have been an excellent tenant, all bills paid in advance etc, flat kept immaculate. It's probably not even worth bothering and just accepting what I get back but if I stand a chance I will pursue it (even if it costs me more than the deposit) because I have a feeling she has a habit of keeping deposits.

For info I live in Scotland, it was a Scottish Short Assured Tenancy (6month initial term then on a month to month basis with 1 month notice required by either LL or T). The LL is the Director of a Limited company and the lease is on their headed paper.

Any comments appreciated!

[MrShed]

Has the landlord placed the deposit in a tenancy deposit scheme, and have you received notification of which one?

Without proof, they can make no deductions, and the proof appears to not be present - i.e. signed inventory. That said, the only way to enforce is to go to court.

[chelsw5959]

Thanks for your help.

I don't know what she does with the deposits, I didn't think the TDS applied in Scotland as I can't find any information on it? I think she owns around 50 - 100 flats so I would think she will have a seperate account to hold deposits although it doesn't specify exactly where in the lease.

Would it count as proof if she took pictures of the door and smoke alarm and pinned the blamed on me? If this was accepted as proof would she be able to charge me for replacement of the whole door? I didn't take pictures when I moved in so can't prove that I didn't cause these. Am I entitled to ask her to provide me with a breakdown of the electrician's bill and how she thinks that it could have been caused by me?

Thanks

[MrShed]

It would count as proof ONLY if she had a base condition to compare these photos to. I.E. inventory, photographs taken(and can be showed to be taken) at the beginning of the tenancy etc etc.

Yes you can ask her for a breakdown, but I would stress that you should accept no liability - the landlady has not a leg to stand on without a base condition.

[chelsw5959]

Thanks

Where should I go from here as I expect the landlord to write back saying that she will be deducting the bill from the deposit?

[MrShed]

Follow the standard procedure:

- Send an LBA demanding the balance back within 14 days, otherwise you will pursue legal action.
- If nothing, take to small claims court.