Landlord witheld deposit, now going to court

[hells_bells110]

Hi,

 

We were in court on thursday against our landlord who was claiming 1200 pounds in dilapidations trying to justify why he was witholding out deposit.

 

We won, because apart from the fact he was a greedy, lying nasty piece of work, we outsmarted him and were more prepared.

 

He has to prove work has been carried out and then the judge will decide who is liable, based on probability.

 

For example: He claimed replacement of two doors and two blinds and a shower head.

 

We proved the doors and blinds had not been replaced by contacting the new owners of the property and asking them if we could take photos they luckily agreed. So he said that the blinds needed replacing and therefore this represented financial loss. As he had not replaced them he had no receipts or proof of payment. the judge through it out.

 

Regardign the shower head, again, no receipt and the judge informed us that it is the landlords responsibility to ensure all 'claening' aparatus is in good working order. So it's not your responsibilty to replace a shower that does not work.

 

If you need any help building a case I am by no means an expert but we were fully prepared and just were honest all the way.

 

He was sent packing by the jusdge, tail between his legs!!

 

Any help I can give I will

 

Regards

[hells_bells110]

I am by no means an expert, but there are key things here that stand out as somewhat 'iffy' about your landlords claims.

 

1) Have you been provided with quotes

2) Have you been given an invoice

3) Have you a copy of an invoice or proof that the work has been carried out and the flooring and sofa replaced?

[hells_bells110]

Hi

 

We have been provided with the Quote that the residential company have obtained from another company, for the laminate flooring to be replaced for £1505. (Although on the scaned copy they have sent me, Invoice has been scribbled out) So as yet i think that this has not been replaced.

 

And we have received an actual invoice that the residential company have received from other company, for the sofa to be replaced, so it looks like this has already been replaced.

 

There is nothing else that we have been provided with, so there is no deffinate proof as to whether it has been replaced or not.

 

 

You dont' have any proof that the laminate flooring that was in the house cost £40 psm, fact: you can buy laminate flooring for £10 psm or less, why would they use the most expensive for a rental property?

 

I'd do some research and try to find out which company built the house and find out what grade of flooring would have been used. If they paid £10 psm originally then there's no reason why you should pay for more expensive flooring. Also you could argue that the sofa is over priced? What if they bought the original from IKEA and then went and got a better one from leather world...?

 

Just a thought .....

[hells_bells110]

Hi

 

We have been provided with the Quote that the residential company have obtained from another company, for the laminate flooring to be replaced for £1505. (Although on the scaned copy they have sent me, Invoice has been scribbled out) So as yet i think that this has not been replaced.

 

And we have received an actual invoice that the residential company have received from other company, for the sofa to be replaced, so it looks like this has already been replaced.

 

There is nothing else that we have been provided with, so there is no deffinate proof as to whether it has been replaced or not.

 

 

You dont' have any proof that the laminate flooring that was in the house cost £40 psm, fact: you can buy laminate flooring for £10 psm or less, why would they use the most expensive for a rental property?

 

I'd do some research and try to find out which company built the house and find out what grade of flooring would have been used. If they paid £10 psm originally then there's no reason why you should pay for more expensive flooring. Also you could argue that the sofa is over priced? What if they bought the original from IKEA and then went and got a better one from leather world...?

 

Just a thought .....

[hells_bells110]

No one can say for sure if you would have a good case or not.

It largely depends on the landlord, how far they are prepared to take it and also on the judge on the day.

Unfortunately no one can tell you what to do. If you believe you are right and don't want to pay anything over and above the deposit, but you are happy for them to keep your deposit, then write to them and state this. If you believe it is unfair for them to keep all of your deposit, then work out what proportion you feel is a fair contribution, was the floor really that bad?

I wouldn't offer anything until I was sure the landlored wasn't attempting betterment, so you need to ascertain if the original flooring was expensive (not sure how tho) also the landlord may fit the floorring himself and charge you for fitting which is why they need to give you a breakdown of renovations which will state cost of floor, how much it's costing to fit etc.

I think if the flooring was so badly damaged it needed replacing, then you have to accept some liability, but if you believe he is trying to rip you off then you need to fight your corner.

First things first, decide if you are happy to not get back any of your deposit, if you think it is unfair, then write to them stating the contribution you feel to be fair deduction from your deposit, for example £500, and then state that if they still refuse to return your security deposit within 14 days, you will proceed to the small claims court to recover the rest of your deposit. It costs about £80.00 ish to go to court, it is not as scary as it sounds and will probably force them to come to some sort of compromise.

no one will be able to advise the outcome, all I can say is if I were in your shoes I would be thinking that they want me to say, just keep the deposit and call it quits, unfortunately not all landlords are honest people and scare tactics like issuing you with a bill for £1500 is intended to scare you into either just paying up or accepting that they keep your deposit.

Do you have a copy of your tenancy agreement?

[hells_bells110]

What happened to the old sofa, has the landlord sold it, can you ask to have it if you pay for the new sofa? you could then recoup some of the cost by selling it on ebay, I expect tho the landlord could have already sold it or got rid of it.

[hells_bells110]

Try and look at it in a different way.

 

You buy and furnish a brand new house, you rent it out for 12 months.

 

The sofa has a stain that cannot be removed and a replacement cushion cannot be sourced. You would naturally want the item to be replaced.

 

The laminate flooring is noticeably scratched from shoe marks and is not as attractive in appearance as it was 12 months ago, you would seek some compensation.

 

For the replacement laminate you would get 3 quotes and then you would expect to negotiate with the tenants. I don't know where you stand by not having a check in or check out report (signed) it probably won't stand in your favour, you are not disputing that there were scratch marks, you are disputing that they are damage.

 

I wouldn't think that it would be fair wear and tear if it needed replacing after a year. But you can find out if it was a cheap floor to start with, it doesn't sound hard wearing. As for settling up with your friend you both rented it and need to sort the financials out between you. Make your landlord and offer to keep the deposit and then ask your friend who caused the stain to give some money back to your other friend who paid a deposit. Really you could ask your friend how much they are willing to pay considering it has cost you £500 for their stain. If I had caused damage and knew my friend was footing the bill, then I would offer to pay. So speak to your friends first and see what they say.

 

Mr Shed is probably right in the sense that your case is lacking in evidence and therefore wouldn't give the judge much to go on. But before you pay anything, insist on 3 quotes and receipts.#

 

Then make what you feel is a fair offer and tell them you'd like to settle to avoid court action.

Good luck