landlord witholding deposit

[moonie*]

hello everyone -my first ever post on a forum,so not sure if im doing everything correctly.Is it legal for a landlord to hold full deposit plus charge extra.There was not a property inspection/inventory carried out prior to moving in just a property inspection on departure where the landlord stated everything was fine and deposit would be returned.They have since gone back on that arrangement and sent out a bill.Any advice is very much appreciated Thank you.

[sythe]

hello everyone -my first ever post on a forum,so not sure if im doing everything correctly.Is it legal for a landlord to hold full deposit plus charge extra.There was not a property inspection/inventory carried out prior to moving in just a property inspection on departure where the landlord stated everything was fine and deposit would be returned.They have since gone back on that arrangement and sent out a bill.Any advice is very much appreciated Thank you.

 

 

As far as i know if the amount you seek is less than £750, you can make a claim in your local district court. It is known as a small claims court, their are some fees for this but I'm fairly certain that if you win your claim the landlord will have to pay any costs.......

 

hope this is of help krj8:)

[Planner]

If in England/Wales - £5000 or less can be claimed in small claims court (County Court) for a nominal fee and no risk of having to pay substantial costs.

 

If in Scotland - £750 or less can be claimes in the Sheriffs Court, under a similar low cost arrangement (As I dont know two much about Scottish arrangements you should check this).

 

But hopefully it wont come to the above!

 

Can you give us some more information;

 

- Wheres the property England/Wales/Scotland?

 

- What kind of contract you have/had?

 

- When you moved in?

 

- When you last signed a new contract?

 

- What does the bill make deductions for?

[moonie*]

Hi all thanks for the replies.My query is actually for my in laws,i will try to give as much info as possible without waffling.After moving out they recieved a letter saying they wouldnt be getting their deposit back plus a bill for £120 for jobs which they needed to do including £30 for a new toilet seat:eek:.After sending them a letter stating that we thought the claims were excessive and also issuing a counter claim for jobs they had done to the property(nothing major just fixing dangerous back step,garage with hardly any roof on)they then sent a text message of all things stating their letter would be discussed at the partners meeting.We have just recieved a lettert back basically saying tough.As i stated previously there was no inventory or checklist and they have not provided one as we requested.We really dont know which way to turn,we have contacted cab but we have to wait 3 weeks for an appointment.We are in England and they moved in prior to april 2007.

[sythe]

Hi all thanks for the replies.My query is actually for my in laws,i will try to give as much info as possible without waffling.After moving out they recieved a letter saying they wouldnt be getting their deposit back plus a bill for £120 for jobs which they needed to do including £30 for a new toilet seat:eek:.After sending them a letter stating that we thought the claims were excessive and also issuing a counter claim for jobs they had done to the property(nothing major just fixing dangerous back step,garage with hardly any roof on)they then sent a text message of all things stating their letter would be discussed at the partners meeting.We have just recieved a lettert back basically saying tough.As i stated previously there was no inventory or checklist and they have not provided one as we requested.We really dont know which way to turn,we have contacted cab but we have to wait 3 weeks for an appointment.We are in England and they moved in prior to april 2007.

 

Hi........in cases like yours, where there is no signed inventory the landlord's would not be able to defend your small claim. I believe you have 5 years to take this to court.

 

hope this helps

 

kind regards

krj8