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problems with landlord and getting deposit back...

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we recently rented a house from a private landlord on 23rd august 2008

we paid £520 bond and were told we would get this back as long as the property was un damaged.

 

we moved out last week, did everything by the book, gave a months notice etc, in the time we lived there we did a hell of a lot of work and put a lot of money in to the place... we put solid wood floor down in living room, new sink and taps in kitchen, concrete sectional garage to replace a wooden garage that was past repair, all of which the landlord agreed to us doing.

 

he inspected the property on monday and said he has issues that need sorting and wanted to meet us at the property today, i couldnt make it so my partner and my mother went to meet the landlord. from the minute they met him he was very unpleasant. every time my mam or partner tried to put their opinion across he was saying "shut up, dont want to hear it" by the end of it, he actually grabbed hold of my mam and physically threw her out the house.

 

the reasons he give for not giving bond back were as follow

 

leafs on the back garden (they were cleared 4 days ago, but its windy..)

garage is dusty and could do with sweeping (what the hell?? its a garage)

light bulb in living room poped

wall paper had a small pen mark (really small) so he wanted all the wall paper taking off and wall painting

property was rented as "unfurnished" but had a cupboard in there, hes saying its damaged, which it really wasnt, ive been up to the house tonight and tightened a few screws up that had come loose over time really.

out the back of the property i left a chair and a rabbit run which the council are collecting, there was a bin bag of rubbish on top of the wheelie bin to get put out on bin day, he took the bag off there and threw it on the drive which made the bag burst all over, which he now says he wants clearing up!!!

 

its just daft things like that, and saying its dirty, when we moved in it was filtyh, dull, oldfashined. when we left it was nice, modern and clean. hes far from happy. ive corrected most of the above problems today even though i seriously think it wasnt something i needed to do.

 

i think when he inspects it again hes gonna make up more excuses not to give us our bond back, im actually fed up of dealing with him and his very agressive behaviour!.

 

 

also i mentioned about the deposit been in the goverment deposit scheme, to which he replied, it didnt come in place untill after you moved in... now i believed it came in to force in april 2007?

 

 

any advice as to what to do as im really fed up with this, i feel like we moved in to a shed and he wants it to be left like a show home

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also i should mention there was several problems with the property such as mould, damp and faulty door locks which were reported to landlord but never fixed.

 

and also there was in inventry filled out, it was a very very basic hand writted contract from WHS

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There are many here at CAG who are more familiar with tenancy deposit schemes / disputes and, if OK with you, will let them post their more knowledgeable comments, but to get things started, for now, please let us know:

 

a) Were you ever provided with an inventory / schedule of condition when you moved in?

 

(EDIT: Our posts have crossed. With regards the inventory the devil is in the detail. If the inventory is basic the landlord will be hard pressed to demonstrate the before and after condition)

 

b) Also, you are correct, the date was 6th April 2007.

 

Others here will, I'm sure, comment on what you then need to do.

 

It sounds like you have done more than enough to be reasonable, in the face of someone who isn't, so I hope this works out for you.


As for me, happy to help out. I am not a Landlord, but I have been in the past. I am not an Agent, but I have been in the past. I am, therefore, a has been, so always seek independent and suitably qualified advice elsewhere before relying upon whatever has been posted here :-)

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i wish there was an inventory, we wouldnt of had to do any of this stuff, we have honestly done loads, it seems like hes forcing us to correct problems which already existed and were nothing to do with us what so ever, in order to get our £520 deposit back! its a joke!

 

honestly, the house is imaculate, its been cleaned, re painted, gardens done, any holes in walls filled and re painted etc, it really is imaculate, i cant see what else we can possibly be expected to do!

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Guest bluecloud

The Residential Landlords Association is a good place to find information about Bonds/Deposits.

 

http://www.rla.org.uk/

 

Particularly this page:

 

RLA : Tenancy Deposit Scheme: Information for Landlords

 

Basically any deposit collected after 6th April 2007 is subject to the deposit guarantee scheme.

 

As for money that you have spent on the property: taps, flooring, garage, etc, that, I'm afraid has no bearing whatsoever.

 

The cupboard, if fixed to a wall is a "fixture" and wouldn't affect any status regarding the property being furnished or unfurnished. If the cupboard is free-standing then it should be on an inventory that was drawn up and agreed upon at the start of the tenancy.

 

A light bulb popping is unfortunate but does not stop a landlord or agent from inspecting the property during daylight hours.

 

A small mark is reasonable wear and tear.

 

If you have evidence that the rabbit run is being collected by the local authority then the landlord needs to contact the local authority.

 

Rubbish left on a bin is your responsibility. However, if you have evidence that the landlord threw it, then it becomes his responsibility.

 

Leaves on a garden in the autumn is beyond the control of landlord and tenant. No worries there.

 

Your mother being thrown out of the property is an assault. Unfortunately it is the word of the landlord against the word of your mother. Your partner is far from being an independent witness.

 

I would write to your landlord (send via RM by recorded delivery) and ask that the deposit be returned with all due haste, give no more than 14 days. Don't threaten with court action it will only make you look inflexible in the eyes of a judge. Also ask, what reasons exist for any deductions from the deposit and why it has taken so long for you to be notified of those reasons.

 

If it makes you feel better I have battled 3 private landlords over deposits, one sounds very similar to yourd, and won all 3 battles. Only one had to go to court and the silly so-and-so ended up with a CCJ against him.

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As mentioned, I would let others here on the CAG forums guide on the mechanics of what you need to do.

 

In the meantime, keep your own counsel when dealing with the landlord until you have received feedback here i.e. be polite, act dumb, say as little as can, other than to be courteous. The landlord may have a small headache coming if he has only a basic inventory and has neglected to deal with the deposit.

 

Do you have any photographs at all of the property when you moved in, or have someone who can confirm the condition of the property when you moved on? Do you still have the receipt for, say, the garage and so on?

 

Also, when are you due to speak with your landlord again / see him next?

 

(EDIT: my post crossed with bluecloud)


As for me, happy to help out. I am not a Landlord, but I have been in the past. I am not an Agent, but I have been in the past. I am, therefore, a has been, so always seek independent and suitably qualified advice elsewhere before relying upon whatever has been posted here :-)

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the landlord gave us until friday to "sort the place" so i guess he will be inspecting it again friday.

 

as for the garage, sink, taps etc. this wasnt an issue, im not bothered about them what so ever, im just saying basically we did a hell of a lot thats going to benifit him and hes moaning over some leaves on the garden etc.

 

the wardrope is screwed to the wall, but is a cheap flat pack type one.

 

our deposit is definatly not in 1 of these schemes, its sat in his bank account, thats if he even has it, this could be the reason hes stalling things by saying theres leaves on garden and the garage is dusty etc.

 

 

as for the tenancy agreement it is basically..

 

-------------------------------------------------

 

names of tenants

 

previous address

 

name of landlord

 

landlord address

 

bond of 520 paid

 

rent 520 per month to start 23rd august 2008

 

6 months fixed contracrt, then month to month there after

 

signed tenants

 

signed landlord

-----------------------------------------------------------------

 

ive sorted pretty much all the "problems" he listed as i cant be bothered arguing over it all, but things like leaves on the garden, its impossible, there is barly and there! theres no way he can come back and say hes not happy this time!

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First thing is to report the assault on your mother to the police. NOBODY is allowed to put their hands on anyone and this abusive and rude thug needs to learn a lesson.

 

The garage is no dirtier than it was when you moved in, because it didn't exist! Take it with you. Dismantle the whole garage and remove it, then it won't be dusty.

 

A light bulb? Is this guy completely mental?

 

Give him 7 days to refund your deposit in full.

 

DO NOT drop the assault charge.

 

He has also broken the law on the deposit scheme, so report that too. You can actually sue him for 3 times the deposit.

Edited by JimmySpangle

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just been looking on the gov.uk website, and i seen what you say is correct, if the money is not put in to a deposit scheme, he has to pay back 3x the bond, how do i go about this as its something im seriously considering, ive took 3 days of work to "sort" the problems that were already there before we even moved in, along with spending alot of my own money to sort them for him! this could see me gettin some of that back, and also teach him a lesson!

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