Sorry, another dispute regarding Deposit. Private Letting of House

[kristianity77]

Good afternoonI rented a house out from June 2005 and left in May 2011. Im now having an issue obtaining any of my deposit back from my landlady. she has cited a number of issues after i have left which she has said is why im not entitled to my deposit back.Firstly:A missing washing machine. When we arrived in this house the landlady adivsed that there was a machine machine in the kitchen but that this had been left by the previous tenants. She said therefore she would take no responsibility for it if it breaks down. After a couple of years (2009 i believe) it did. and rather than mention it to the landylady i just went out and purchased a new one. When i left, i took this washing machine with me based purely on the fact that the landlady said she wasnt responsible for the old one due to the fact that it was left by the previous tennant. So some of my deposit has gone to buying a new washing machine so im told.Secondly.Due to the really bad weather over christmas and new year, some of the decking on the driveway had come loose. She mentioned that she has had to have someone out to repair this which again is coming out of my deposit. I cant find anything in writing to say i was responsible for issues like this, so am not sure whether it is resonably expected of me to have to pay for these costs (which also included the trimming of a large tree in the front garden also im told by the LL)Thirdly.Living room carpet. It wasnt great when we moved in, there were stains on this and it was quite an old carpet. This carpet when i left was no worse than when we moved in as far as im concerened apart from the usual wear and tear. Landlady said i should pay for the cleaning of this carpet, but on looking through the window of this house i was in, its in fact a new carpet thats been laid.When i left the house, she told me within a week that the house was in great condition and she was really pleased with it. She confirmed to me what my final rent was (as we left mid month) and said that upon receipt of this, she would release my deposit from one of these "schemes"To cut a long story short i chased and chased for 8 weeks for this and in the end had to do some reseach to get her "new" address which i didnt initially have the details of. So i sent a letter to her as she had ignored all my texts and voicemails stating that i was unhappy about a lack of communication regarding my deposit. This is when she hit me with all the problems outlined above.Ive currently written a further letter stating that im not happy, and outlining my arguaments against all of the problems but have not yet sent this off. So im just trying to find out really whether i have any chance of getting this put right or whether im probably flogging a dead horse and just put it down to experience

EDIT - I did lay this out with proper paragraphs and spacing, no idea why it posted like this!

[rebel11]

Hi Kris

 

Welcome to CAG

 

The guys will be happy to advise as soon as they are available.

 

Have you answered these questions:- http://www.consumeractiongroup.co.uk/forum/showthread.php?118080-Questions-for-new-posters

[MrShed]

1) Washing maching is a slightly tricky one. She cant have it both ways - she either supplied it and was responsible for it, or she did not and was not. In any event, she certainly wouldnt be able to claim the full cost of a new washing machine bearing in mind it was 6 years old at the end of the tenancy. I would have said the value able to be claimed (even if she can) would be nominal - otherwise this would be betterment, which isnt allowed. 2) Did you inform the landlady of the damaged decking when it was damaged? The tree, if you hadnt kept it cut back properly etc yourself, you are probably responsible for. 3) Without seeing the carpet difficult to say, but it sounds like no claim on this one is possible. Was an inventory completed and signed by yourself when you moved in? 4) Yep, the formatting is well and truly bust on here dont know why!

[Ed999]

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

 

 

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.