Landlord keeping deposit

[ponygirl259]

In November last year, my daughter moved into a house, to be the 4th girl sharing. On the day she moved in, I was with her and we met her Landlord. Seemed like a really nice guy. Oh if only we knew!

 

He read out to her, a copy of her tenancy agreement, which he called a Licence. Every thing sounded ok and he left it with her to read over and sign. Basically it said that the rent was £250 per month, all bills to be dived by 4 and amounts paid monthly. Deposit would be returned 21 days after leaving and there would be a £90 cleaning charge deducted, if the room was not left as found.

 

At no time was she informed that he was having a relationship with 1 of the girls and would be living in the house for at least 4 days a week!

 

At the end of March, the girls were given a letter(left on stairs!), stating that they had not been paying enough for gas and electric. They were told that they had to pay £92 each, immediately, with the monthly payments rising by about £12. Not convinced that his girlfriend was also being asked to pay this money, the other 3 asked to see the bills, to make sure of what they were paying for. no joy. They asked again, 2 weeks later, still nothing. 2 of the girls moved out at the end of April, still not having seen the bills, but paying him the money anyway. They got their full deposits back about 5 weeks later.

 

My daughter gave him notice at the end of April, in a letter, telling him that she would be moving out on 5th May. She also spoke to him in the house and he confirmed having got the letter and she also told him again, the date she was leaving. He bought up the matter of the £92 and she again asked to see the bills. She also mentioned that she thought the bills should have been dived by 5 and not 4 because he seemed to be permanently living at the house. His reply was that he was a guest in the house and as such, was not liable for bills!(Didn't stop him from eating the girls food though!).

 

On the day she moved, him and his girlfriend went out while my daughter was packing up her car and had not returned 4 hours later when she had to leave to drive to Leeds, where she was starting work early next day.

 

He does not answer messages left on his phone, or text messages and has only started replying to emails after she said that she would seek legal help if she didn't get her deposit back.

 

He is now saying that he is going to take the £92 for bills, another £21 for the not quite a month between 10th April and 5th May, £90 for cleaning the carpet in her room and £20 for repairing the wall where she put 4 picture hooks in.

 

The carpet WAS brand new when she moved in BUT by the time she got bed,wardrobe,chest of drawers etc in, ther was probably a 3 ft by 3 ft square of carpet to be seen! of course its going to look dirty, because that was the only bit in use for 6 months!

 

As for the wall, I was there when she asked him for permission to put the hooks up and he said he " didn't have a problem with it ". I dont think that a tiny bit of polyfilla and a coat of paint, that he already has in the understairs cupboard, will cost him anything!

 

It has now been a week since I emailed him, on her behalf, asking to see the room again (there is no-one in it), or photos of the carpet and wall. Also to have a copy of the disputed bills and estimates for carpet cleaning and wall repair, neither of which has been done yet. Still waiting for a reply.

 

Oh. Did I mention that he is a solicitor. Must be a very poor one if he has to invent excuses for fleecing young girls.

[pula]

Hope someone responds to your post who has more knowledge than me! If it was me and he hadn't repaid my deposit within the time agreed (21 days?) I would ask your daughter to send him a letter before action. In the letter say how much money she wants returned and require him to send it and for it to be cleared by the bank before a certain date (eg 14 days within the date on the letter or a date determined by her). Say that if the amount isn't received action will be started in the small claims court. This your daughter can do online. Hopefully the landlord especially being a solicitor, will respond to your daughter's request. Don't know how it will look if a solicitor becomes a judgement debtor when he loses! good luck!

[Esio Trot]

First you need to know who you are dealing with. Get a copy of the title deed from Land Registry Online so you can verify he is owner.

 

Next, examine the tenancy terms. If a licence then it means that it's an in-house landlord and normal tenancy terms do not apply.

 

Regardless of the above, deductions from the deposit can only be made if there is an empirical basis. i.e. Was a condition and inventory report signed before occupation. If not, the landlord is on a loser. Just do a final demand, letter before action then a cc claim. Don't bother arguing the toss about details in the meantime. Stick to documentary facts - that is what the court will do.

[ponygirl259]

Sent an email last Monday saying she wanted her full deposit back, plus copies of the bills and estimates for wall repair and carpet cleaning. If she then thought she owed him any money she would pay him. Have heard nothing. Now thinking of starting small claims procedure.