Landlord withholding deposit template letter

[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 court),
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 you 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

[renting_hell]

This is helpful! I have been awaiting the return of my deposit for over a month and a half...My contract did state that they were allowed 28 days, but we are way past that and as we left the property in a far better state that when we arrived I am furious. I had a horrid 9 months in this particular flat from the beginning and this end is as I would expect. I would advise anyone looking for a rental to think twice about taking a place managed by Alan Harvey as they have been the most difficult company I have ever encountered.

We entered the property after having to pay a surprise high admin charge along with our deposits to find the flat without electricity. After many phone calls, we looked in every cupboard and found an electric key- they were unaware that it was on a key! We then had to search for where to top it up and where to plug it in ( outside of the flat, in the entrance of the building up a wobbly ladder). Then we saw that despite having in our written agreement prior to signing contracts that we would have specified furniture it wasnt there. Nor were curtains or curtain poles on this main road flat. The shower had been removed also without our knowledge. The landlady, we were told, doesnt have the money to buy these things now so tough luck! Anyway, we are no not recieving our money because they need the permission from the landlady and she is on holiday...we my money I expect!

I feel your letter will be one of many. Please pass on the warning about Alan Harvey as I would not want anyone else to have this experience.

[Joa]

Hi there; I would suggest that you start by writing to the agents and describing your situation. Be factual- facts are king. Keep cool, give tight deadline, tell them what you are going to do next and when. Is there a moving-in inventory? Moving-out inventory?
Re; lack of furniture, shower, etc: irrelevant now the tenancy has ended UNLESS l/lady withholds the deposit or portion of it.
On more general notice; if you wish you can start your own thread on the forum. This post is just a general template- forum members are entitled to start ther own threads