LL withheld deposit

[Vanderpelt]

I left my property in the August of 2007 due to moving to Solihull to be closer to family (her mother to be exact, still not sure why but there you go). And the LL held on to the deposit, I tried unsuccessfully to get it back but due to a variety of cash problems, life problems and other things that got in the way. I have now beaten the CC companies with a big stick and also claimed back all forms of PPI and the wife and I are now in a different place. So I have a few questions about this matter.

 

Has it been too long to take the matter up again (it was August 2007), and also do I send the letter found below.

 

My intention was to bang of that letter, and await response and failing any reasonable response start court action?

 

The only difficulties i can see is that i lack any pictures or information, i can get a friend to testify as it were as we cleaned up the propetry after our goods were gone and before we handed it back, but i just want to try and get something back!

 

Does that sound about right?

 

Van

Edited April 28, 2010 by Vanderpelt
Additional Info

[Vanderpelt]

I am writing to you concerning my tenancy of the premises at XXXX and leaving the property in August 2007.

 

I request that you return my deposit of £550.00, as the premises were left clean and in good repair when the tenancy ended. Allowing for fair wear and tear, the premises were left in the same condition as they were in at the beginning of the tenancy.

 

The deposit must not be regarded as extra rent, nor to be used to improve the condition of the property.

 

Any amount deducted from it must be equivalent to the amount needed to replace “like with like”. For example, if the carpet was worn at the start of the tenancy, you cannot retain the amount that would pay for a brand new carpet.

 

You cannot deduct the replacement value of any item, even if it was brand new at the start of the tenancy, as this would be "betterment". You can only deduct from the deposit a percentage of the item's value, based on (a) its on condition at the start of the tenancy (which you must prove using the inventory from the start of the tenancy), and (b) the expected life of the item.

 

Nor can you make deductions from the deposit for general “wear and tear”. The tenant is only liable for damage that creates extra cost; the deposit is not there to provide a redecoration fund. You must redecorate at your own expense.

 

You must in any event prepare a dilapidation schedule, and you must have the relevant tradesmen give a written quotation (not an estimate) for each item of cost that you include in it.

 

I request that you give me receipts or invoices for work carried out, or quotations for work yet to be done.

 

The onus is on you to prove that there are circumstances justifying the retention of any part of the deposit, and to date you have not provided any such evidence.

 

I will therefore be in a position to demonstrate that it is unreasonable for you to keep any part of the deposit, should you be unable to produce the requested evidence and matters proceed to court.

 

You must remember that the deposit is my money. You must account for it properly. It is a common misconception that the deposit belongs to the landlord, but that is not the case and withholding it without proper grounds is unlawful.

 

I require your reply to arrive no later than 14 days after the date of this letter, together with your cheque for any amount not in dispute. If I receive no satisfactory reply by then, I will begin a county court action for recovery of my deposit without further warning.

 

The Court can order you to pay back the deposit, and the proceedings are very straightforward. Also, the Courts are very sympathetic to tenants whose landlords do not fulfil their statutory obligations.

 

I look forward to hearing from you within 14 days.

 

Yours faithfully,

 

 

[tallorder]

It's a good clear letter and should put the landlord on the alert.

 

One thing you might consider is that the landlord may not have been the landlord on paper. It is a common practice of the less scrupulous landlords who give others a bad name, to hold 'suspect' properties in a company name where they are director or shareholder.

 

It would be worth digging out the exact law and just include it as a reference or footnote.

 

Any other Caggers to action...

[Vanderpelt]

The name of the business does not possess any Ltd, and nor do any of the leases, there is a same name with people on Co House, but it has been dissolved and to be honest i dont think that they could claim that it was the ltd company as none of thier paperwork did

[Vanderpelt]

Bumb

 

any other thoughts before i post this off and see what happens?

[Vanderpelt]

sent the letter and had no responce, so straight on to court or another shirty letter?

[Vanderpelt]

My ex LL has not responded to the letter, and i am at a loss as to if to take court action or not. I was hoping for something to confirm that i was writing to the right place (i am 90% certain, but always dealt with agents and they have closed shop now). Should i send a more formal LBA and see if that works?

 

thanks

[gkmotorsport]

Did you write to the letter on the tenancy agreement? If so, send the LBA, but make sure you send it recorded or special delivery so that you get a signature. If nothing else, that will tell you if they are still there.