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maximochild

Letter to landlord - advice please.

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Hi.

 

I have just drafted a letter to my landlord with regards to him returning my deposit. I visited him today to negotiate charges, but during the negotiation he threatened to ban me from the building (I have many friends in the building and am in fact visiting someone for dinner tonight!)

 

He also demanded that I provide him with a copy of my check-in inventory which I completed myself at the start of the original tenancy (1yr AST then lisence then 1yr AST).

 

I have drafted this letter in response to him and was hoping that you could look over it for me and give me some feedback before I send it.

 

Thanks in advance...

 

 

I write to you with regards to our conversation held today Tuesday, July 14, 2009 regarding possible charges to my deposit relating to the property which I have occupied since June 2007.

 

I am aware of the importance of landlords holding a deposit to protect them from any financial loss they may incur from letting their property out, however I object to all charges we discussed today on the following basis.

 

-Check In Inventory.

oI have a copy of a check in inventory, which I completed in 2007 with regards to an Assured Shorthold Tenancy (AST) I had with Unite Group Ltd, who owned the building at the time. That contract ended in June 2008, and I had a license to occupy between then and the start of my current AST which began in August 2008. Therefore:

oAs far as I am aware the AST to which this deposit relates is separate to the previous AST.

oThe landlord (or its agents) failed to complete an inventory of the property at the start of the AST in August 2008, and as such there was no agreement on the condition of the property between myself and the landlord.

oWhen considering deposit deductions, the onus is on the landlord to prove that they have, or will, loose out financially when returning the property to the condition it was in at the start of the AST.

oAs there was no agreement between myself or the landlord as to the condition of the property at the start of the AST, I fail to see how the landlord can prove that any damage etc.

 

-Check Out Inventory

oThe person that conducted the check-out inventory is an employee of the landlord and as such, I would question the independence of the inventory.

oThis person has only been an employee of the landlord for less than a month, and I assume that she is inexperienced in conducting inventories and determining the difference between damage and fair ware and tare.

 

-Communal Area’s

oI would like to point out that other occupants of the flat were not charged for any cleaning / damage to communal areas when they left (on or before the 26th June)

oIt is illogical to lay the burden of cleanliness / damage on one tenant, and is incompatible with the tenancy agreement, which states all tenants are equally liable for these areas.

 

 

 

During our conversation today, I was willing to negotiate on certain points raised in my check-out inventory - and did agree to paying an element of some charges as a gesture of goodwill. I would also like to highlight that out of 5 tenants that shared the flat I was the only tenant that made an effort to clean the communal areas. I believe that I have acted fairly at all times. I withdraw my offer to pay certain charges as a gesture of goodwill on the basis that during our conversation you made a threat to me when you said that without a resolution you would ban me from the building.

 

This threat was made knowing that I have friends who live within other parts of the building and such a ban would prohibit me from visiting them. I consider this to be an act of blackmail, in reference to section 21(1) of the Theft Act 1968.

 

In light of the unprofessional behaviour I have encountered when trying to negotiate deposit charges with you, I can confirm that I am unwilling to accept any charges made against my deposit and request that it is returned to me in full within the timeline set out under the Tenancy Deposit Protection Scheme.

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There are certain things which need to be ascertained before you go any further with this matter.

 

You mention your own check in inventory. If your Landlord does not have a proper check in inventory from the time your tenancy began, he basically will not be able to deduct ANYTHING from your deposit, since he cannot prove the state of the place is any different now from when your tenancy began!! And as such, it is probably irrelevant to mention the check-out clerk, at this stage.

 

Don't mention your own check in inventory - it is totally irrelevant and will only cloud the issues. If the Landlord doesn't have one of his own, well, tough!

 

You most certainly would not be liable for anything relating to communal areas, unless this is SPECIFICALLY mentioned in your AST.

 

To be honest, I wouldn't bother with the letter, simply refuse to accept any charges against the deposit. Which scheme is it in? If the DPS, then you should have been given your own reference number etc. Just claim the deposit. It is then up to the LL to object, and prove his objections. Which he obviously can't since he doesn't have an inventory!

 

By the way, I don't think he can actually ban you from the building. He is on pretty shakey territory there!!

Edited by Kentish Lass

Kentish Lass

Information given is based on my knowledge and experience and is not to be considered as legal advice

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