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I recently moved out of a flat after 6 years, having never missed a single rent payment and having what I thought was a great relationship with my landlord. On moving out, landlord couldnt be there on final day for sign off so I had to go back a week later when I met the landlord and he told me he was sad to be losing a great tenant and house was in great condition, only item he wanted me to cover was cleaning inside of windows which I agreed to do. Anyway after some weeks and no sign of bond return I rang to ask where it was and he said that he had brought in a cleaning company to do a full audit and a few extra costs had sprung up, and now he wanted about £600 to cover drycleaning of curtains, carpets (which I had professionally done on last weekend) and the oven. I said we had already agreed that only deduction should be for windows and as far as I knew anything extra from day of handover to the cleaning audit could have been caused by the builders working inside the flat. He ended up returning part of my bond but is witholding £600 for the extra cleaning. Do I have any recourse to chase him for the balance based on what we agreed at handover. As a side issue we signed new lease in March last year amending amount of rent and length of lease and I know for sure he never placed deposit in TDS - could I use this as leverage if need be to chase the balance of my bond

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Yes, you can - the deposit should have been protected when the new AST was signed (assuming you have an AST in England or Wales that is). Write to him giving him 14 days to return the full balance of your deposit or you will start court action for the return plus 3x the sum as compensation for the TDS non-compliance.

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If I did end up having to seek court action would I need to use N208 or could I use moneyclaim online as I really only want the bond back - the TDS penalty is only to force his hand

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You could certainly start your claim on MCOL - I did!

 

Was there a checkout inventory completed when you met the LL at the property and agreed deduction for window cleaning only?

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Major result. Began claim using Moneyclaim online and went for full 3 times bond as it had not been placed in TDS plus remainder of bond to be returned. Advised landlord previously that should he just pay remainder of bond without me having to go legal I would drop everything. Anyway, he chose to ignore so filed through MCOL. Received a chq for the 3 times penalty and remaining bond in post today.

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Major result. Received a chq for the 3 times penalty and remaining bond in post today.

 

Crikey that was easy!

 

Well done!

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I think maybe this LL really does not know what he is doing. Congrats!! Mind you - cheque hasn't cleared yet :-)


Kentish Lass

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

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