Landlord making deductions for vauge reasons.

[Bowfinger]

Hello. I’m new please be gentle! If I’ve missed anything just let me know, I’ll apologise in advance on the lack of detail on the dates I don’t have the paper work to hand, I’ll update it as soon as I can.

 

I’ll keep things short to try and save time. Basically we moved out of a rented house and after several weeks of the landlord stalling to return our money the LL has deducted approx £300 for so far very vague reasons.

 

Initially the deduction where for light bulbs a shower head, cleaning of the cooker and burn marks on the cupboards from the cooker door being opened. The landlord admitted that he wasn’t sure who burnt the cupboards and as for further details he didn’t know any more as he wasn’t the one doing the work.This later turned into "cleaning" and no more.

 

 

I’ve so far received a cheque for the partial deposit but he has failed to action my request for a breakdown of the deductions on several occasions verbally and ignored my letter asking for this again.

 

I’m now at the point of thinking I should write a letter warning that I may take this to court for the outstanding deposit.

 

Initially my questions are:

Do I cash the cheque they have sent me, or will this cause issues with potential court action?

As my tenancy started so long ago, I’m not covered by the new scheme, where do I stand on perusing the matter further? I was planning on modifying the template letter but it’s geared towards the new scheme so there was not much going to be left I could use.

 

Thanks in advance for any help.

 

Background to the tenancy.

Initially for the first year the tenancy was written then a verbal contract with the same t+c as the contract but longer notice period of 2 months to save any rent increases. (How little did I know!)

The monthly rental started approx August 05 for 12 months and then the verbal agreement started once that had elapsed.

After 3 years of renting we decided to move on and gave our two months notice to the landlord approx March 08.

When we first moved in no inventory taken, we never received any paper work for gas safety etc. which I believe after reading the forums we should have copies of.

The initial deposit by the initial estate/letting agent which after the initial period elapsed was moved to the landlord’s care, no deposit scheme I am aware of.

[MrShed]

You can cash the cheque - I assume he has not stated full and final settlement at any point?

 

With regards this case, no inventory means nigh on impossible to prove damages you are liable for. Proceed immediately to send an LBA(letter before action) giving him 7 days to return the balance or you will proceed with court action. How much are we talking about outstanding?

[Bowfinger]

You can cash the cheque - I assume he has not stated full and final settlement at any point?

Haven't had anything in writing what so ever other than the cheque and I replied within the weekend saying I wanted a breakdown as I still haven't had it.

 

With regards this case, no inventory means nigh on impossible to prove damages you are liable for. Proceed immediately to send an LBA(letter before action) giving him 7 days to return the balance or you will proceed with court action. How much are we talking about outstanding?

Will do I'll start drafting it today/tomorrow. The deductions where approx £300.

 

Thanks

Edited August 9, 2008 by Bowfinger
name!

[Bowfinger]

Another Question:

 

I'm writing the LBA, using the template as start but the section referring to

 

"You must in any event prepare a dilapidation schedule, and you must have the relevant tradesmen give a written quotation (not an estimate) for each item of cost that you include in it."

 

is making me think. Is this applicable even before the new deposit arrangements came into force?

[MrShed]

Yes it is.

[Bowfinger]

Thank you.