Landlord withholding damage bond.

[Hobbie]

Hi Everyone,

 

Up until recently my sister rent a house from a private landlord via a letting agent, she lived at the address for 2 years on two x 12 month fixed term agreements.

 

She gave the 40 days notice to the letting agent as per her tenancy agreement, and then was constantly "hounded" by the letting agents constantly requiring access to the property to show "potential new tenants" even though she was unable to get time from work other than at weekends, so to help them out, she left the property 7 days before she was due to (rent was all paid up to the following Monday). She handed all sets of keys back to the letting agent, and enquired about the Damage Bond asking when she was to receive the bond back, to which she was told "Usually in 7 days to 2 weeks".

 

3 Weeks have no passed, and she was yet to receive any monies back, with the letting agent now states the damage bond isn't held by them, but by the landlord, and won't pay it back, even though she still has the receipt signed by the letting agent for the bond that was paid back in 2006.

 

I've contacted her previous landlord for her to try and find out what is going on, and the landlord is saying "I've not been able to check the property yet, so she is going to have to wait until I get time". I pointed out to her previous landlord that she had paid her rent always on time and in full for the past 2 years and without anyone having to ask her.

 

The landlord appears to be using and excuse to withhold monies due, she has already checked with the Tenancy Deposit Scheme, but because her bond was paid prior to April 2007 it does not cover it.

 

Can only offer some advice on how to reclaim the monies back?

 

Thanks everyone.

[21stcentury]

go straight for the jugular, start proceedings against the landlord immediately. They have to realise that they just cant get away with it. Its theft, no other excuse for it.

[Hobbie]

21stcentury,

 

Thanks for replying, would it be best to send a Letter Before Action or straight to the County Court?

 

And if so for the LBA any words of advice?

[MrShed]

LBA first. Needless to say, she is being totally unreasonable.

[Hobbie]

MrShed,

 

Any chance of some guidance for the LBA?

 

Thanks

[daisymoo]

There's one on here but cant remember where. I sent one to my landlord with no reply so am about to start the court proceedings.

[Joa]

How about this: http://www.consumeractiongroup.co.uk/forum/residential-commercial-lettings/117572-unfair-deposit-deductions.html#post1188882

 

Please amend accordingly; for example, if the deposit was NOT paid after April 2007, skip that paragraph.

[Hobbie]

Joa,

 

Thanks for that, i'll sort it out and pass it on to my sister for her consideration, hopefully she can get this sorted out.

[Hobbie]

Just to update everyone, after my sister contacting her previous landlord *once* again asking for her bond to be returned, and the landlord using excuses such as "I'm to busy to check the property this week, so you can wait"

 

I wrote a LBA for my sister, which she signed and sent to the landlords office via recorded delivery, the very next day her she received a phone call confirming a cheque will be sent that evening, the cheque arrived the following morning for the full balance.

 

Just goes to show, landlords no matter how shoddy fear the courts.

 

Thanks

[simon4amiee]

Our landlord is witholding the bond and the last months receipt, I recorded the property on my phones camcorder the day we moved in, and the day we leave today ill do the same, we spent all week cleaning and tidying, also painted the kitchen which had no wallpaper on when we moved in. With regards to her holding last months receipt I also have her on a 20 min footage of her ranting and raving at my wife, and saying she is giving us nothing including the reciept.

 

Thing is she was a friend, and that broke down over a pool match in her pub, and then she threw us out on that basis NOTHING relating to the house.

[Snorkerz]

Our landlord is witholding the bond and the last months receipt, I recorded the property on my phones camcorder the day we moved in, and the day we leave today ill do the same, we spent all week cleaning and tidying, also painted the kitchen which had no wallpaper on when we moved in. With regards to her holding last months receipt I also have her on a 20 min footage of her ranting and raving at my wife, and saying she is giving us nothing including the reciept.

 

 

Thing is she was a friend, and that broke down over a pool match in her pub, and then she threw us out on that basis NOTHING relating to the house.

• Were you given the correct notice (usually 2 months ending at the end of a rent period)?
  
• Did the tenancy start after 6/4/07? If so, was the deposit protected?
  
• Is the property in England/Wales?
  
• Is there a written inventory taken when you moved in?
  

Come back ASAP as these could have a major effect on your query

[simon4amiee]

• Were you given the correct notice (usually 2 months ending at the end of a rent period)?
  
• Did the tenancy start after 6/4/07? If so, was the deposit protected?
  
• Is the property in England/Wales?
  
• Is there a written inventory taken when you moved in?
  

Come back ASAP as these could have a major effect on your query

 

Were you given the correct notice (usually 2 months ending at the end of a rent period)?

NO was told to get out lol!

Did the tenancy start after 6/4/07? If so, was the deposit protected?

YES 15 months ago, and NO the deposit not protected (I checked)

Is the property in England/Wales?

YES ENGLAND

Is there a written inventory taken when you moved in?

NO TENANCY AGREEMENT AS WAS A FRIEND AT THE TIME

 

 

I also doubt she declares this as its cash in hand to the inland revenue!

[Snorkerz]

Were you given the correct notice (usually 2 months ending at the end of a rent period)?

NO was told to get out lol!

Illegal Eviction is a police matter (criminal offence)

Did the tenancy start after 6/4/07? If so, was the deposit protected?

YES 15 months ago, and NO the deposit not protected (I checked)

She has 2 choices - refund your deposit in full or you go via the courts to obtain your deposit back & 3x it's value in compensation.

http://www.consumeractiongroup.co.uk/forum/residential-commercial-lettings/232265-trouble-landlord-deposit.html#post2576374

Is the property in England/Wales?

YES ENGLAND

Good, that means what I'm telling you is right

Is there a written inventory taken when you moved in?

NO TENANCY AGREEMENT AS WAS A FRIEND AT THE TIME

With no inventory, LL would not be able to prove any dilapidations, therefore waiting for check-out is irrelevant.

 

I also doubt she declares this as its cash in hand to the inland revenue!

Probably not relevant at this stage.

[Snorkerz]

Hi again. I was in a hurry when I wrote the above, so it was a bit brief.

 

I would think your best course of action would be to send a letter similar to the one I linked to above. That should, hopefully, result in the return of your full deposit.

 

If they fail to repay the deposit, look here for advice:

http://www.consumeractiongroup.co.uk/forum/residential-commercial-lettings/117280-tenancy-deposit-scheme.html#post1184266

 

After you have that, you can consider if you want to take things like illegal eviction and the overpaid rent any further. The 1st won't benefit you and the 2nd will be a relatively small amount, so you might not want to bother with those.