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Go Back   The Consumer Forums > The Consumer Forums
The Consumer Action Group
> Residential and Commercial Lettings

Residential and Commercial Lettings This is the place for both Landlords and Tenants to discuss letting issues, and share experiences.


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Before beginning to claim your bank charges be sure to read the FAQ by clicking the link above. Read it carefully and also read as much of the forum material as you can manage before you start claiming your bank charges refund. You will have to register before you can post or view the materials which may assist you in reclaiming your penalty charges: click the register link above to proceed. To start viewing messages, select the forum that you want to visit from the selection below. Understand what you are doing and you will be able to Reclaim the Right more effectively.

Why don't you come and introduce yourself in the Welcome section at the top of the forum. Then have a look around the rest of it.
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Old 28th March 2007, 00:43   #1 (permalink)
stig1953
Basic Account Customer
Default Deposit - Help please regarding small claims

Hi ,
I am looking for some help in trying to recover some of my deposit. My landlord is withholding £520 of my deposit bond. He has given me a return of bond statement detailing the costs to put right the alleged defects he lists. At the pre and final inspection his lettings manager inspected in the property in my presence . At the pre-inspection she indicated that there were some scuff marks to the magnolia emulsioned walls but that if I purchased a touch up pot of paint and painted them it would be OK . This I did and at the final inspection she indicated everything was fine , I specifically asked about the carpets and her comment was that they exhibited just fair wear and tear. I was very shocked when I received the letter saying I would receive only £305 the balance of the deposit subject to signing my acceptance of the retentions ( £520).
I wrote to him saying I did not accept his report - told him what his lettings manager had said but also pointed out that he could not impose conditions on the return of my money. At this stage I gave him 14 days notice of my intention to make a county court claim. I also told him that I had lots of photographs taken at my exit from the apartment.
His response is that he does not accept any of my comments and disputes my version of events at the pre and final inspection visit.He did however pay the £305.
MY question really is what particulars of claim do I use for my MCOL - which statutes or regulations do I quote to support my claim.
There is also another issue I need to claim about as well - When I moved into this flat which was a brand new 2 bedroom apartment on the top floor - the second bedroom developed a bad ceiling leak immediately. I was unable to use the room for 6 months whilst they attempted to repair it. They also installed a industrial dehumidifier which ran continuously for 6 months. After complaining I received a written undertaking from the lettings manager that they would pay compensation. They have not honoured that commitment. I would like to claim the difference in the rent for a one bedroom flat and a two bedroom flat for a period of 6 months - and also a contribution to the huge electricity bills I received. I do not believe I am being unreasonable but I believe the only way to get anything back is via the small claims court .
So anyone with any advice on how to phrase my claim would be most welcome - or indeed any other advice to help me get my money back.

Jill

Last edited by stig1953; 28th March 2007 at 19:59. Reason: grammar error
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Old 5th April 2007, 13:16   #2 (permalink)
Joseph White
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Default Re: Deposit - Help please regarding small claims

Hi Jill

I read your post and had a similar problem with my last landlord.

What is your latest.

Did you get your money back?

Joseph
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Old 5th April 2007, 16:26   #3 (permalink)
stig1953
Basic Account Customer
Default Re: Deposit - Help please regarding small claims

Hi Joseph,

I have issued a Money claim online which has been served on the landlord - He has not yet acknowledged the claim or filed a defence. After 14 days if he has not respondedI can request judgement by default . Will post any updates as and when.

Jill
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Old 5th April 2007, 17:13   #4 (permalink)
Joseph White
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Posts: 11
Joseph White Novitiate
Default Re: Deposit - Help please regarding small claims

Hi Jill

I remember reading on here that a tenant took a landlord to court and due to the lack of a detailed inventory at the beginning of the tenancy it was difficult for the judge to make a decision as to what the condition of the property should have been left in.

Is this an old property.

Joseph
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