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Landlord keeping deposit


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Hi all I have a Landlord / Tenant dispute regarding bonds / deposit return and would like any help you may be able to provide.

 

I moved in to a property 3 years ago through an ARLA agent who where assigned to just find me (the tenant) for the landlord, they did not manage the property whilst let.

 

We have now moved out and the landlord is keeping our deposit because of and this is a direct quote "the flat needs a damn good clean throughout. This will cost a couple of hundred quid. But more importantly the place is nicotine stained. It is going to cost £800 to repaint. It was in your contract 'no smoking'. Also in the contract is my right to charge £20 plus interest for every week the rent is late. That adds up to a lot. I'll send you an itemised bill through when i have final costs".

 

Now my further details. I had the property professionally cleaned when we moved out and I have receipts to prove this, I don't smoke and nobody has smoked in the property to my knowledge and yes I was late with the rent a few times in 3 years but only perhaps 3 weeks in total over 3 years.

 

So I think I have a case to dispute his claims but what do I do? What is the process to follow, Also no property inventory was in place at the start of the tenancy so I cannot show what condition the property was in prior to me moving in.

 

Please help.

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So I think I have a case to dispute his claims but what do I do? What is the process to follow, Also no property inventory was in place at the start of the tenancy so I cannot show what condition the property was in prior to me moving in.

 

Please help.

 

When was your tenancy agreement signed? When was it last renewed? ie did you renew it every year? where you in England or Wales and was your rent less than 25k pa?

 

Dont worry about not having anything to prove the state when you moved in, its up to the LL to prove that the condition at the start of the flat. If he cant, then he will have a hard time making deductions from your deposit.

 

Sounds to me like your LL is being completely unreasonable and given that you have your receipts, and the landlord has nothing to prove the state of the place when you moved in, he will find it difficult to convince anyone that you need to pay for the cleaning.

 

As for the interest on rent, he's just trying to scare you, the interest he can charge is only 8% per annum Which if you were late 21 days in total, = 21*0.08/365 * say £1000 in rent = a whopping £4.60.

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