Deposit kept by old landlord

[DebtTrodden]

Hi

we moved out of our property last year. The manager came by to inspect the property before we left and said it was OK and that we could collect our deposit from the office on the Monday.

However the next day, Friday,i got a call from the manager asking me to go back to the property. I arrived and he had lifted the carpets, There was a damp patch in the middle of the floor. I remember spilling some water there one week before. He said thats it was dog pee!! HE COULD SMELL IT!! Yes we had a dog who was house trained, who was known by the manager and all the neighbours. He was toilet trained, he hasnt nor has nor would urinate in the house. I disputed this. He said that we would have to buy new carpets with our £250 deposit. I said this was unacceptable as it was his word against ours.

Anyway they went a bought new carpets with our deposit that cost £252, amazingly £2 more than our deposit, then had the cheek to say we not only owed then £60 in outstanding rent by the extra £2!!

I told them not a chance. They have harassed me ever since for the £62. I did ask the manager if he could return my sky dish, quad LNB and wiring upon having the property signed off, he agreed. I do not to date have these (Approx cost £100). My wife and I were nearly killed by a gas leak in the house, Gas board paper work available. My wife was scalded by the shower, hospital notes available. The shower blew up nearly electrocuting my wife, witness available, damp in the house etc etc.

They said we did not have permission to have a dog nor put shelves up. They said they had to redecorate? When we moved into the property there was a different manager who gave permission for both of these. He was very happy by the fact we have laid new lino in the bathroom and new carpet in the bedroom at cost to ourselves. WE LEFT THESE upon vacating the property

Do i take them to court, threaten them with legal action or just walk away.

The landlord come from a well known family who are notorious for intimidation but I don't see why we should pay for a carpet on here say.

Col

[knoxvillain]

Really up to you whether you think the £250 is worth the hassle and whether you think you stand a good chance of winning.

[DebtTrodden]

well it comes down to this.

If you were walking in the street and someone came and stole £250 from you, would you

A: Chase after them

B. Think Oh well nevermind

Id go for option A because thats how i feel, but if I dont stand a chance i would rather someone tell me before i commit ritual Hari Kari.

Col

[demon_x_slash]

I think that what knoxvillain means is that civil claims are decided on the balance of probabilites, and on the day you can get a judge that decides he doesn't like your case. He's just being realistic. See this thread for an example. You have a case for a claim if the dispute is not resolved to your stisfaction; however, you do need to be aware that in cases like this it is 50/50, and can go both ways very easily.

[Joa]

Hi DebtTrodden; taking a legal action against the landlord is not piece of cake, as knoxvillain is very well eqiupped to confirm. You also need to completely get rid of the attitude of doing it for the "principle"- you may be absolutely correct to say that the l/lord has withheld your deposit unfairly but your opinions are irrelevant. Really. What counts is: first can you prove it?, second is it worth the major hassle?
I know you are angry with the git you kept your money but you just had a benefit of a dispassionate (therefore more likely to be right) advice. What you do with it, is of course your choice. Personally, I think you may have a case but there are weaknesses. For example; have you got anything in writing about keeping a pet or putting up shelves? Have you got any evidence to counteract agents insistence that it was a dog pee? The strenght of the case: were you consulted on expenditure? was your permission sought before new carpet was purchased? Were you given few estimates for the new carpet? If not, then the l/lord should not have made the deductions.
Your go.

[DebtTrodden]

Hi

I understand where your al coming from but im just fed up at being taken for a ride but other poeple.

I wasnt consulted on price, nor given estimates. I was just told it hd cost £252

I didnt have enough time to get another person into the view the carpets they tore them up on the Monday. They had the keys.

No, it was taken as is with the dog and shelves but the previous manager. However both the landlord and manager saw the dog in the premises and never said anything the dog being there nor anything about the shelves.

I have a witness being the ex other manager that the shower exploded as he was there and saw it for his own eyes when he came to repair it.. Also the hospital reports gives us a good case for personal damage.

If i was to compile the case i would include all the above.

It just seems to be every private landlord we have takes our deposit for no reason. The last one we had kept our deposit because the new tenant gave backword and he needed the deposit for HIS mortgage repayments!

[Joa]

I do not think you would be able to include personal injury claims with your deposit claim. I am not entirely sure about that but I really don't think so .

[will77]

why not just make a personal injury claim for the shower incident? surely worth more than £250

[Joseph White]

Hi DebtTrodden

Do you have any evidence on the claims that you have mentioned?

Joesph

[DebtTrodden]

Hi

I have photographic evidence and hospital reports regarding the burns my wife suffered to her abdomen. with regards to the faulty shower im sure i can get the ex manager to testify that it blew up in his face and had flames coming out of it. With regards to the gas leak i have kept the transco report they issued when they came about the gas leak thats states nail through pipe.

I have a copy of the reciept regarding the carpets. They had already relaid new and disposed of them before i had chance to return to the property with a carpet fitter!! No one but the manager was present upon my return and i wasnt given time to return with any witnesses regarding the so called stain on the carpets!

Col