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challenged | Is there anything a tenant can do against a landlord wrongly withholding the deposit? |
I am due to leave my rented property by the end of the month - my landlord has started to show the signs of him trying to withhold the deposit (c.£2k).
Namely he is claiming that leakage from the shower has caused damp in the ceiling below, and is blaming us, even though we kept him updated throughout the 9month tenancy stating the damp was getting worse.
Also, the curtains require changing due to the radiator bursting - not our fault!
Is there anyway we can challenge his deposit / bond withholding?
We're based in London, UK.
Thanks |
 |
 
derbyandrew
|
He can only with-hold the cost of damage caused by you or rent arrears. From what you are saying he does not seem to have any reason for witholding any money. This is exactly why new laws have been introduced to protect tenants deposits.
You need to challenge him in writing giving him a deadline of two weeks. If he does not return your deposit, write again giving him 7 days to respond otherwise you will seek redress in the County Court. If you still do not get a satisfactory reply then issue a claim in the County Court. This is not nearly as difficult as it sounds - simply fill in a form at moneyclaimonline, or pick up a form from your local court. For that amount I think the fee is £90 which you get back from the Landlord when you win. Good luck. |
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Tracey
|
yes you can the best thing to do is seek advice from a solicitor as you wont be able to do this on your own
first try putting all the information into a letter to your landlord and if he then refuses go to the solicitors
if you are renting through an agency try talking to them |
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Simon L
 |
By all means, talk to a lawyer/solicitor - you might also try the Citizens Advice Bureau - they're pretty good with things of that nature |
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des c
|
My daughter who is a solicitor had this problem when she moved from her flat. She threatened the Landlord with the small claims court. He called her bluff, but picked the wrong person and she had had a summons issued against him in the small claims court. He returned her deposit immediately. Good luck. |
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crazymental
|
if he witholds it be prepared to take him to small claims court. when you moved in there should of been an inventory taken stating the state of the property and what you would be liable for. if damage has been made he can only keep what would be deemed reasonable to repair. so a pair of curtains doesnt add up to 2000 quid. whenever i move into a house i take photos of the entire house including repairs in case this happens, i had it happen to me over the landlord insisting that i didnt hand my notice in. i couldnt prove either way so now i send things be special delivery so it has to be signed for. i suggest you adopt this approach in future so you cant be ripped off by crap landlords. good luck and take him to court. |
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Glenn
 |
You should threaten him with County Court action but only after you have formally requested the return of the deposit, in writing preferably.
If you have evidence that you informed him of the leaking shower, which is his responsibility, then all to the good. Give him seven days to pay up then if no joy get a small claims form from your local county court and issue proceedings, it will only cost you about £30.
Also the cost of drying out the ceiling and regrouting the shower would be no more than a few pounds so he really does not have a leg to stand on.. good luck. |
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STEPHEN B
 |
1) take them to the small claims court. go to the nearest country court.in local yellow pages for number and address. 2)has a landlord they are responsible for the upkeep of showers, radiators.if you have reported the problem.GOOD LUCK WITH THIS MATTER. |
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Jim H
 |
There is an arbitration service for landlords/tennant etc.
Otherwise get yourself a lawyer, document everything thoroughly, however you might need proof of the condition of the property when you moved in, or proof that you reported the problem.
Contact the CAB for advice. (Citizens Advice Bureau) |
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Shannon D
|
talk to a lawyer |
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Mark J
|
Contacvt a solicitor and gather all the evidence you have. I hope you put your comments in writing.
He should put these things through on his insurance and not get you to pay. |
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b h
 |
Firstly, send him a letter telling him that he cannot withhold your deposit as this is illegal and if he does not return it within 7 days, you will consider taking the matter further through the courts.
Check out on the Shelter website for more information and also get a claim pack from the county court which shows you how to make a claim or click on the following link:
http://www.hmcourts-service.gov.uk/
Small claims, under £5,000 are usually done without a solicitor as the solicitor cannot claim their costs and the judges are prepared for that. |
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moses
|
Seek a legal advice |
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