Jump to content


advise please re private LL witholding full deposit pre deposit scheme 2007


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4632 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hello all,

Im really hoping someone maybe able to help with this.

We were privately renting a property because it was next door to my parents. We took up residency in 2005 signed agreements and paid £850 deposit. Landlord had never rented out before and used standard rental agreement print-offs from internet.

The place was old and needed work when we moved in, we accepted this and did general decorating ourselves. however conservatory leaked like a sieve, had a dangerous old boiler in place which was subsequently replaced with a refurbed equally old one. the garage roof also leaked badly and was never repaired. radiators were broken and unfixable due to age and plate glass was in situ, rather than safety glass. Landlord claimed poverty so we muddled through.

We signed just 3 lease renewals for the whole period even though they were only 6 month leases.

In march this year LL served us notice to leave as he could no longer afford to keep the property and needed to sell, we arranged to move in 2 mths (at his request) and not the standard 3 mths notice we should have had and he kept the FULL deposit stating repairs were needed. (We had replaced carpet 2 mths before we were given notice, and had decorated as required so apart from the repairs he already knew needed doing when we moved in there was nothing else needing doing.)

He kept the deposit to resell the house and has refused any kind of return of deposit to us.

Is there anything we can do?

We are responsible adults (im a 3rd yr student nurse) my husband is a truck driver and we have 2 teen chidren both in further education so would never have taken advantage or left the house in a poor state.

Im so hurt and maddened by his actions but know he wont have secured the deposit as it was pre 2007.

Is there anything at all we can do, or should I just put it down to experience?

thank you.

:)

Link to post
Share on other sites

hi debtbutt, we had to move out, so are already living elsewhere. its magic how hes done the house up on our cash! painted outside, repaired garage etc....... :(

Link to post
Share on other sites

Debtbutt - I have never heard of any responsible landlord do that.

 

Staying and withholding rent is terrible advice.

 

With the greatest of respect (and I really do mean this in a nice way) dont advise unless you know what you are talking about at least a little bit - your advise is frankly wrong and potentially at the detriment of the OP.

 

Sorry, now that that is out of the way. OP - I am going to hazard a guess that you never signed any inventory upon moving in? This one sounds cast iron to be honest and a VERY easy win (although you may have to sue).

 

Alf - the situations will differ from circumstance to circumstance. If you post a new thread with some details for me, I'll be happy to help :)

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

Link to post
Share on other sites

thanks for the advise people, mrshed, no we didnt sign an inventory before we moved in, there was nothing in the house tbh.

I guess I have to go to our local court? to get papers? Im not really sure where to start actually, and I probably wouldnt even bother if it wasnt for the fact that my mum lent us the deposit money in the first place, and I obviously want to pay her back, even though she says to forget it.

If someone could very kindly tell me where I need to go to get the ball rolling I really would be grateful.

 

thanks again.

:)

Link to post
Share on other sites

Send an LBA in the first instance (do a quick search of this forum for details). Would post up an example but as the formatting is broken on here itll look hideous. Give them 7 days to repay, or you will take them to court. That should at least get the matter firmly within his eyesight.

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

Link to post
Share on other sites

Post up your letter here before you send it if you want, I'll proof read.

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

Link to post
Share on other sites

My comments only apply if the premises are entirely within England and Wales, and you were granted a shorthold tenancy (under which you - and your spouse/partner/children, if any - have exclusive use of a seperate dwelling, which is not shared with another tenant nor with the landlord), and you were over 18 years of age when the tenancy was granted, and the rent is less than £2,083 per month.

 

This posting is supplemental to the information in this forum's "sticky" threads and is NOT to be read in isolation.

 

 

Tenancy Deposit

 

If you paid a deposit before 2007, the tenancy deposit scheme does not apply:

 

Tenancy Deposit Scheme

 

 

If the tenancy has ended you can sue for the return of your original deposit, as a contract debt, in the county court.

 

It's likely that a landlord, faced with a claim for repayment of the deposit, will allege disrepair by the tenant in order to try to persuade the court to let him keep it.

 

 

Tenant's Repairing Obligations

 

The tenant has a duty to treat the property in a 'tenant-like manner'. This is defined by the Court of Appeal in the leading case of Warren v Keen [1953] 2 All ER 1118, CA.

 

Basically, the tenant must take proper care of the premises, and must repair damage to the premises caused, wilfully or negligently, by him, his family, or his guests.

 

But if the house falls out of repair owing to fair wear and tear, lapse of time, or any reason not caused by him, then the tenant will not be liable to repair it.

 

 

If the landlord alleges damage, he must prove it.

 

If there is no check-in inventory, the landlord really doesn't have a leg to stand on; so the tenant is in a stronger position where there is no check-in inventory.

 

The landlord is not allowed to improve the premises through "betterment" (replacing an old or worn item with a brand new one).

 

Likewise, the tenant is not liable for the cost of cleaning or repairing an item which was already soiled or damaged before the tenancy began. A check-in Inventory can be evidence that an item was already in bad repair before the start of the tenancy.

 

 

Also read this document - Fair Wear and Tear

 

It explains some aspects of the law regarding fair wear and tear, applying the principle that a tenant is NOT liable to pay for the cost of remedying ordinary wear and tear.

 

This link gives examples of what is fair wear-and-tear, and what is not:

 

http://www.rta.qld.gov.au/print_page.cfm?menuItemId=510.00

 

 

Also, the landlord can't ask the tenant to pay (i.e. out of the deposit) for the cost of repairs which the law requires the landlord to do. What those repairs are is explained in this FAQ -

 

Disrepairs in privately rented accommodation

 

A detailed analysis of the landlord's repairing obligations, prepared by a Barrister in 2010, is set out at -

 

Interpreting Repairing Covenants

 

 

Any deposit paid at the beginning of the tenancy belongs to the tenant. So the burden is on the landlord to prove that any deduction from it is justified.

 

Read the FAQ about what deductions the landlord can lawfully make from the deposit -

 

Unfair deposit deductions

 

 

There is a vast amount of additional information about the tenant's legal rights in cases of disrepair on the website of Shelter, the housing charity -

 

Repairs and Bad Conditions

 

 

 

Letter Before Action

 

If you intend to sue, then once the tenancy has terminated you can consider whether to write a letter before action [LBA], threatening to sue, giving the traditional 14 days notice.

 

This is what you might say -

 

Dear Sir,

 

Premises at _______________________

 

With regard to my tenancy, I require you to refund to me the full rent deposit which I paid, in the sum of £_____.

 

If I have not received the total amount of £_____ within fourteen days from the date of this letter I will commence a claim in the County Court for that amount without further notice to you.

 

Yours faithfully

 

Keep a photocopy of the letter. Send the original by 1st Class post, and obtain a free 'Certificate of Posting' at the Post Office counter when you hand it over.

 

 

Court Forms

 

Form N1 is for claiming the original deposit only.

 

Money Claim Online is a cheaper online method of claiming on form N1.

 

 

The current Court fees are set out at:

 

Court Fees

 

 

Read the Court Service's leaflet How do I make a court claim (Form EX302), which contains detailed guidance on suing in the County Court.

 

Also, the Business Link website provides much useful information about pursuing a County Court case.

 

 

The outcome of a Court case is never certain.

  • Confused 1
Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...