Problem with private landlord

[davidsonj14]

Hi,

two years ago me and my partner (both early 20's) moved into a house, rented to us privately. The house was situated next to my mums, so we sort of knew the landord. He let it to us with no credit checks etc, just a £300 deposit. An 'agreement' was signed for a year, and that was the last heard of that.

 

We had problems in the house, nothing major. But we never hassled him, as ive always enjoyed being 'the man of the house'. We have now bought our own house, and gave our landlord as much notice as possible,everything was fine...

 

Now, it has been 8 days since one set of keys over. I submitted our last gas/elec bills and moved out. He left it nearly 4 days before going to inspect the property, to which he left me a crazy list. Expecting me to paint ceilings etc. We have no repainted all of the walls to neutral (even though he said our colours were fine). The house is immaculate, as apose to when he handed it over to us and it was yellow stained with smoke from the previous tennant. The trouble is, he has not gave us our deposit back yet as he 'has to send off for it' even though he deals in cash. I am refusing to hand over my final set of keys until i receive our deposit. I have now had to ask my father to call him as he is trying his best to intimidate me and my partner. Their conversation ended with him telling my dad that he is deducting deposit money, and slamming the phone down.

 

Is this fair? the reason we still have keys, is because it takes him 2 days at a time to inspect the house as (and i quote from a voicemail i saved). 'i have better things to do with my time'. There was no arrival/departure itinerary carried out.

 

Where do i stand with this? and what can i do to get my money back?

 

Thank you

[rebel11]

Hi David

 

Welcome to CAG

 

Did you carry out an inventory/condition when you moved in?

 

It does sound like he's pulling a fast one, heres some further info:-

 

http://england.shelter.org.uk/search/search.cgi?collection=shelter-england&query=deposit&Search=

[davidsonj14]

hi, no there was no inventory when we moved in. He told us he was going to redecorate before he handed it to us, when he actually just painted over the marks leaving wet patches. We have handed the house over to him in ten times better condition. I dont think he has anyone to move in yet, so is using this time to take money from us

[mariner51]

8 days is not long if deposit was protected. Tech you have not surrendered T if you retained a set of keys, so you may remain liable for ongoing rent. Equally duration of T, fixed term and when/how much notice you gave may be rel. Protected deposit cannot be released until after T has ended.

Send LL a letter headed Notice before Action, giving him 14 days to return full deposit or agreed amount before you take claim to County Court (Small Claims track).

If he blanks you, submit the claim online via MCOL. LL will have to provide before and after evidence of condition of property, which he cannot do without inspections at start and end of T

[seanamarts]

Was your deposit placed with a rental deposit scheme.

In your contract does it state that the décor has to be of a certain standard on leaving the property, eg; neutral colours through out. If not then he cannot demand this.

If he holds back any deposit then you have a good case against him via the small claims track.

 

i suggest you hand back the keys pronto, as mariner has stated, you maybe liable for rent whilst you have the keys or he could charge you for the locks to be changed.