Unfair deposit deductions

[petedexter]

Morning all,

I've just recently (last week) moved out of my old rented flat and into a new one. On request of our damage deposit back, my old landlord returned it with 2/3 of it deducted (almost £750). The main deduction being £450 for replacing the entirety of a mirrored wardrobe that covers the length of one of the walls in the main bedroom.

The problem is, that we had accidently cracked one of the mirrored panels (from everyday use, it literally cracked as it was slid open). Fair enough we thought, and informed our landlord (this was about half way through our tenancy). However, he did not replace it nor repair it whilst we we're living there, and now after we have moved out he says that the manufacturer does not make these type of panels anymore. He informed us that the ones that are made now are slightly larger and "would not look right" with the rest of them so has no other option but to replace the entire wardrobe with a new one. This is all very charming seeing that the last one was very old and in dire need of being replaced.

I see this as the landlord benefiting from our deposit, and unfairly charging us for repairs that fall under general wear and tear. I am currently in the process of writing a letter about this and also to request a breakdown of the other charges he has imposed on us.

If anyone could point me in the direction of websites or sources information that detail the law when it comes to the above points (benefiting from damage deposit etc) then that would be greatly appreciated as I don't seem to be turning up much.

Regards,
PeteDexter

[Joa]

This is a standard, template letter which we use for our clients. Please be sure to amend it accordingly to your situation.

We are writing to you on behalf of our client; XXXXXX, your previous tenant at the above address.

As you are most probably aware, our client requested that you return her deposit in view of the fact that the premises were left in an acceptable state of cleanliness and, allowing for fair wear and tear, in a state they were encountered.

(Alternatively; if you agree and accept responsibility for some damages or cleaning that needs to be done; say so- being reasonable and fair will earn you respect if not from the landlord, then eventualy from the cour),
cont...
We would like to remind you that tenants have rights, not only obligations. You, as a landlord have obligations, besides your rights. This is also in relation to deposits. Deposit must not be regarded by landlords as an extra rent only to be returned reluctantly or used to actually improve the condition of the property.

Good practice requires that landlord keep deposits in a separate client account, provided client with written statement detailing exactly what the deposit covers and when the money will be returned. Could you please provide our client with evidence that you have adhered to these standards?

Additionally, you should be aware, that the amount retained should only be equivalent to an amount needed to replace “like with like”. For example, if the carpet was a bit worn out at the start of the tenancy, the landlord cannot expect to retain the amount that would pay for brand new carpet.

The onus is on you to prove that there were circumstances justifying the retention of all or part of the deposit, not on our client to prove that they are entitled to its return. Unfortunately, you have not provided any relevant evidence.

You should also allow the tenant the opportunity of remedying any defect before charging her for it – you should in any event have prepared a dilapidation schedule and you should have the relevant tradesman available to at least give a written quotation (not an estimate) to enable you to readily account for deductions.

You cannot withhold the deposit for the general “wear and tear”. Landlords must redecorate the property from their own expenses and tenants are only held liable for damages, which create additional costs to the landlord. Deposits are not there to provide redecoration fund.

We would advise you to look on the ARLA web site which has a very useful part regarding deposit releases and working out amounts for damages/compensation. E.g. you cannot have replacement value for anything even if it was brand new at start of tenancy, as this would be regarded as "betterment". You can only have a percentage value dependant on condition at start of tenancy (which they must prove using the inventory from the start of the tenancy) and expected life of the item. (http://www.arla.co.uk/download/deali...disps_dams.pdf)

Our client will be in a position to demonstrate that it was unreasonable for you to keep their deposit, should you be unable to produce requested evidence and should matters proceed to court action.

Our client tells us that she has written ( called/talked) to you and requested receipts or invoices for work carried out or estimates or quotes for the work of this nature. You have not responded and the amount withheld by you is still not properly accounted for.

The landlord must remember, as it is the tenant’s money, he has to account for it properly. It is a very common misconception, that the deposit belongs to the landlord- it is not so and withholding of it without proper validation is illegal

Our client would like to inform you that she expects your reply to arrive no later then within a fortnight of the postmark. If no reply received, the county court action will be instigated. The court can order you to pay the deposit back and the proceedings are very straightforward. You may also be ordered to pay our client’s court costs.

We sincerely advise you to comply with our clients’ request. From our extensive experience, the courts are very sympathetic to tenants whose landlords do not follow good practice guidelines and do not fulfil statutory requirements regarding issues of deposits.


We are looking forward to hearing from you within 14 days.



Please Please use this letter as a skeleton for your argument; amend ( for example,if you nor writing on behalf of someone else, etc)and expand accordingly, say EXACTLY want you expect and why, in one of the first paragraphs of the letter

[petedexter]

Thank you Joa, that's exactly what I needed.

[watccoe75]

What a great letter. Admin/mods - is there any way Joa's post could be made 'sticky' (esp. as there are so many non-refund of deposit queries)?

[petedexter]

Ok, basically after a little correspondence on this matter my ex-landlord has refused to accept that we only owe for a percentage of the repairs to the wardrobe and has also not provided a breakdown of all the other charges he imposed on us.

It's been 14 days since my original request, so now I'm in the process of writing a letter before action asking for these charges to be returned. I was again hoping that I could request the help of any board members just mainly for any suggestions of what to include in my letter as the last reply was incredibly useful!

Thanks,
PeteDexter

[demon_x_slash]

bump

[petedexter]

Well unfortunately, I've come unstuck here slightly. In the move to the new house, we seem to have misplaced the old contract, which has our old landlords address on it. He now uses a letting agency and obviously they won't give me his address, nor is his address on any of the contracts the new people have.

I wan't to send him an lba letter, but obviously without his address this is a bit hard! Is there any way I can find this out? He's ex-directory too...

[blacksheep1979]

Speak to the new tennants and point out that if the contract is with the landlord they don't have to pay until they have his address

[petedexter]

Their contract is with the new letting agent, they do everything through them apparently...

[callumsgran]

if you know his name, look on the electoral roll at your local council

[petedexter]

You my friend, are an absolute dancer. Hugs, kisses and Mars Bars for you!

[petedexter]

Just an update in case anyone is actually interested!

Sent my letter before action off on Monday, it was signed for by him yesterday (good old royal mail tracking numbers!) and now today my old flatmate gets a text from him saying that he won't write him a housing reference until we accept his charges. Sounds the like the actions of a guilty man who's now starting to get a little worried!

[missm]

Your flatmate can state on any application for housing that the old tenancy is in dispute, so the new agency/landlord ect doesnt have to contact him. Also let him/her know that they can always use a guaranteer if this most recent landlord was his/her's only reference..

[petedexter]

Yeah, I told him just to ring his new landbaron and explain the situation. He's got guarantors and he said he can get a ref from his previous house still, so he's all good. We just liked the sheer desperation our old landlord must be going through to try pulling that one! Needless to say, that text has been saved...

[blacksheep1979]

surely thats blackmail....

[missm]

IF it ever gets to small claims I am sure the judge will love it!

[blacksheep1979]

Oh and make sure your mate keeps that txt - would be tempted to go show it to the cops as well

[petedexter]

It kind of sums up how frustrating this whole thing is. To put it kindly, he's not exactly the sharpest tool in the box. Trying to explain to him why he couldn't charge us for the entire wardrobe as it would be classed as betterment resulted in the response of "I don't think the new wardrobe looks better"
And you would have thought that when someone sends you a letter saying pay up or we'll let the courts settle it, you would think twice about sending a text like that! Ah well, all the more ammunition for us when we inevitabely arrive in court due to his stubborness/stupidity...