Problem getting my bond back

[berrylover]

I moved out of my old property on the 18th July 2008, after living at my privately rented property for 2 years (June 14th 2006- July 18th 200. I initially signed a contract in 2006 and when it ran out in 2007 no further contract was signed, but I just kept living there (obviously with the LL and LA approval and knowledge, just no paperwork signed). Before I left I made sure that everything was as it was when I moved in. Now I admit the carpet in the living room was stained before we shampooed, as there was 2 years of use with three children (one of who is now a toddler) however it was not filthy just a few light stains, but we shampooed it before I left and it was clean when I handed the keys in.

I phoned the LA this afternoon to see what is happening with the bond, as I have heard nothing about it since I moved, and have been told that the landlord is not happy. He says that there is a wooden pelmet missing from the kitchen (the pelmet was not there when I moved in), the carpet is "filthy", (Well no its not, its been shampooed, granted there are a couple of stains on it, but they are quite small and light) and that there are drops of coke on one of the walls in the house (but they are not sure which one). I am not impressed at all, because the pelmet has never been there, the carpet is the best it can be and had a stain on it when I moved in, and I never noticed any spills of coke when I inspected the house before I handed the keys back.

While I have been in the property there has been loads of problems from slugs invading every night, to the back door leaking in, to the kid's bedroom window being unable to open, and a gutter down pipe which has poured water all over the back wall every time it has rained. The letting agent has never sorted any of these problems out but I just lived with them, as it was not worth souring the relationship for these little problems.

We also had a problem with a fire in the dining room leaking high levels of carbon monoxide and a slow gas leak from the fire in the living room. These were sorted out immediately, as the gas company were going to condemn the fires and so they LA immediately sanctioned the work when I told them that.

In winds last year the back gate was ripped off, and my dad rehung it, as after two weeks with no gate the LA had done nothing, and up to when I had moved out no-one ever came to rehang the gate from the LA.

So what can I do? The letting agent says my landlord is not back until the end of the week from his holidays. I am not prepared to lose £475 for what I consider niggly problems. I had no inventory from the landlord when I moved in, and none was done when I moved out so where do I go from here?

[mree]

No inventory = no deductions, I would put the request for return of the full deposit in writing, pointing this out, and making it clear you are prepared to take it to court if needs be!

[berrylover]

Thanks for that advice. Any tips on how to write a damn good letter please? I am a bit hopeless at them, but will definitely send one and follow through with court action if needs be, just need some pointers to help me get the ball rolling.

[berrylover]

How does this sound for a Letter Before Action?

I request that you return my deposit of £475.00, as the premises were left clean and in good repair when the tenancy ended. Allowing for fair wear and tear, the premises were left in the same condition as they were in at the beginning of the tenancy.

As there was no inventory completed when the tenancy agreement commenced or expired I expect the full sum of £475.00 to be returned to me within 7 days of the date of this letter.

The bond must not be regarded as extra rent, to be used to improve the condition of the property. Any amount deducted from it must be equivalent to the amount needed to replace “like with like”. For example, if the carpet was worn at the start of the tenancy, you cannot retain the amount that would pay for a brand new carpet.

You cannot deduct the replacement value of any item, even if it was brand new at the start of the tenancy, as this would be "betterment". You can only deduct from the deposit a percentage of the item's value, based on (a) its on condition at the start of the tenancy (which you must prove using the inventory from the start of the tenancy), and (b) the expected life of the item.

Nor can you make deductions from the deposit for general “wear and tear”. The tenant is only liable for damage that creates extra cost; the deposit is not there to provide a redecoration fund. You must redecorate at your own expense.

As there was no inventory completed at the start, or finish of the agreement there is no proof of condition of the property when I first occupied it, or when I vacated it.

The onus is on you to prove that there are circumstances justifying the retention of any part of the bond and to date you have not provided any such evidence. Indeed I was not informed that you were intending to withhold any of the bond until I telephoned xxxx (LA) yesterday enquiring about the whereabouts of the bond money. This is despite me making contact with xxxx (LA) several times since the vacation of the above property.

I will therefore be in a position to demonstrate that it is unreasonable for you to keep any part of the deposit, should you be unable to produce the requested evidence in the form of an inventory, which was never completed, and matters proceed to court.

You must remember that the deposit is my money. You must account for it properly. It is a common misconception that the deposit belongs to the landlord, but that is not the case and withholding it without proper grounds is unlawful.

The bond was due to be returned to me however it has been 18 days since I vacated the property and I have not been given any written explanation for the delay in returning the sum of £475.00 and the letting agent has had no written correspondence from you.

Payment of the bond should be submitted in full within 7 days from the date of this letter, failure to make payment will result in legal proceedings being instigated without further notice.

I would like to draw to your attention that if legal action is taken, not only may this effect any future credit applications you make elsewhere, but any legal costs incurred are usually payable by the debtor.

I expect your due diligence in this matter.

Yours sincerely

[berrylover]

Hi there, any constructive opinions on the letter would be most welcome. Thanks.

[berrylover]

Can I Subject Access Request the LA for all the information they hold about me, including receipts of deposits/rent payments/ etc?