Difficult Deposit Case... Please HELP!

[vasil]

First of all I would like to say thanks to all the people in this forum for huge amount of usefull information. Just by reading the forum I've got answers to most my questions. But my situation is quite complicated so I would like to get some advice.

 

First of all I will describe the background of the case:

We (4 people) signed an AST contract in first decade of november 2007. We have paid a deposite - over £1000 pounds. 15/07/2009 we gave one month notice and gave up the keys to the property on 14/08/2009. Around 25/08/2009 agents gave us the copy of check out report, that was carried out on 21/08/2009. Based on that report they sent us a list of deductions. Here is a brief list:

1. Marks on walls - report sais "heavily marked" - I would say normal usage if you have light color walls. They are trying to deduct 400 quid towards £2000 invoice for repainting. Considering the flat has got perfectly streight wall made of plasterboard I would asume they are trying to repaint Buckingham palace for my money...

2. Puley not working on one of the blinds - £70. Same Blinds cost £20 in B&Q. Labour is two screws.

3. They are trying to charge me £1 to replace a bulb

4. £100 to replace sofas, that had holes in arms when we where moving in. We have it in check in report aswell, but check out report sais "tear to arm now worse". What did they want after 21 month and £23000 of rent money.

5. "traces of unknown white substances" on the table - no comments

 

Some interesting facts:

1. We didn't sign check-in inventory, as no one ased.

2. We didn't get a gas certificate.

3. A year later agents phoned us to arrange time for gas equipment check, but we haven't seen anyone and didn't get any certificates.

4. Check-out invetory was made without our presence and is not signed by any of us.

 

I think that's all the details regarding the flat. Now situation with deposite.

 

1. First and most simple question - we were four people, but now we are only three, as one guy moved out january this year. He still owes us quite a bit of money. Considering bankers draft for deposite and all the rent payments where comming out of my account, do I need any sort of permission from him to fight for the deposite?

 

2. I have found out that the deposit wasn't registered. BUT!!! Some time this year landlord has changed managing agents (who was holding the deposit) and new agent only received my money after we have moved out. Both new and old agents can't give me any details on deposite registration - as I mentioned it was not registred. Who do I claim compensation from??? (deposite is deffinately not with landlord, but with new agents now). And most important how do I get my deposit back?

 

3. After givin A notice and paying one month in advance I have forgotten to cancel Standing Order. I have overpaid more than £1000 directly to landlord (that's where money were going all the time appart from first 3 months). I only have Landlord's address in spain, so all the communication is done through agents. They keep saying "next week" or "in two days" for two and a half months now. Is there any special procedure to get that money back???

 

Thanks to everyone in advance.

[raydetinu]

As owner in spain, not worth taking him to court so will have to be agent or jointly! Write to LL and ask for overpayment back and deposit.

Write to agent and ask for deposit back.

As the deposit was not protected the you can sue for 3x amount plus deposit. No inventory signed or done at stert therefore they cannot prove condition so any witholding of deposit is not justified or cannot be substantiated.

[vasil]

As owner in spain, not worth taking him to court so will have to be agent or jointly! Write to LL and ask for overpayment back and deposit.

Write to agent and ask for deposit back.

As the deposit was not protected the you can sue for 3x amount plus deposit. No inventory signed or done at stert therefore they cannot prove condition so any witholding of deposit is not justified or cannot be substantiated.

 

Thanks for reply.

Just to clarify, which agent do I take to court - old one, as they haven't registered deposit, or the new one, as they hold it? I just need to know where I stand...

[raydetinu]

Did you ever sign another AST other than the original one Nov2007, I would say the present one if they have acknowledged that they have got it.

[vasil]

Didn't sign new AST, but signed a letter to transfer the deposit. The letter was initiated by new agents.