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RK | Landlady not returning the deposit? |
I vacated a flat one and half month back and the landlady is not returning the deposit £700 saying the flat was dirty and says there is some damage which I don't agree with. I told her she can deduct the cleaning charges if she is not satisfied with cleanliness. but I should get rest of the amount. the problem is that I don't have the initial inventory copy and also I haven't taken any photos before vacating the flat. can she take advantage of this situation to make false statements about the condition of the flat? how can I prove that I have not done any damage, since there was no joint inspection by the agent or landlady before I vacated the flat? also I will be making a claim next week, what proofs do I need to argue my case? do I need to appear in the court? I posted a question earlier as well in this regard, but I had some more questions, so just posting this as new one.
Additional Details
the deposit is not protected by the new law because the tenancy started last year and renewed this year before April. |
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Weimaraner Mom
 |
You can contact the CAB and find out what your rights are, but to be honest in order to prove your claim in court you would have needed to prove your case by providing photographs of the flat upon move in and move out. This becomes a case of your word against hers. If she didn't walk thru the flat upon move out then you've honestly got no claim.
Next time photograph the place upon move in and document with pictures any damage that was there BEFORE you moved in and document the place upon move out, make sure they do the walk thru and make comments or discuss what is a miss during the walk thru rather than suddenly be shocked over what they claim is wrong.
I"m sure she's a private landlord and does not have the money to reimburse you so they make all sorts of claims to get out of refunding your money, chances are she cleaned the place (or didn't) and had family repaint so it didn't cost her anything.
Call CAB and see what recourse you have if any. |
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mark
 |
You should have had a 'handover' where she wouldn've pointed out the damage - but you should've kept the place clean.
It's 'normal' for landlords to do this kind of thing. I've never had a deposit back (4 flats), as they'll always claim something. |
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DF
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I must have been lucky as I've always had my full deposit back in the past!
Point out to her that reasonable wear and tear is NOT deductable from the deposit, neither is cleaning unless it's mentioned in the contract. This is assuming you didn't leave it filthy of course.
If she's not budging tell her to expect a notice to pay you from the Small Claims Court. |
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mishnbong
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Check this website. It mentions everything.
http://clsdirect.org.uk/en/search/index.jsp?search=Private%20sector%20tenancies&topicid=5659 |
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queeny
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You should trash the place and show her what damage really is!!!!
***dont actually do that, im just kidding! |
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My Grain
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Get in touch with the Citizens Advice Bureau pronto,they'll be able to tell you where you stand. |
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hans2
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this happened to me., I took mine to court and got it all back.
At the end of the day she should have inspected the place prior to you moving out for damage.
Also, if the property was dirty then she should have taken pictures of that to prove that it was. if she was a professional person then her job was to take pics of before and after- othjerwise she doesnt have a leg to stand on.
It isnt your job to gather all the proof- its hers as she was the professional and its her property.
Take her to court, at the end of the day she needs pics that the flat was dirty - even then £700 is very steep for clkeaning charges. Dont worry you should win the court |
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Paul S
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I went through a similar thing 20 years ago and had to cordially yet firmly negotiate and slightly hint at legal action. We met in the middle, but I think I got an ulcer out of it. It isn't fun to deal with, and I'm furtunate I got anything back at all, as I don't have the time for court and you all lose money when it goes that way. Best of luck to you!! |
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shih tzu lady
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You mention "Agent". If she has paid an agency to manage this property for her, then they are responsible for no checks being made when you vacated. As a landlord I was in a similar situation many years ago when tenant vacated having wrecked the house - and the argument went on for six months - before I filed papers in small claims court and tenant finally decided to release the holding deposit in my favour. Stand your ground, this should have been discussed with you on vacating and when you handed over the keys. Hold the agent responsible rather than the landlady, if she has been paying them a monthly fee for management services. Good luck. |
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mkrkj
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go to a small court next place you get take photos when you move in log any damage then take photos when you leave my daughter had the same trouble and I did there just after making more money out of you |
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Dawn L
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you should go to court over it
or did you leave the place in a certain way that the landlady does not like |
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lister_larger
 |
Land lords are usually ****s. Ive been in similar situations and its not good.
They once accused us of steeling curtains from an apartment when they didn't supply us with any!
Just threaten them with legal action. If they dont comply start legal action. At the small claims court it believe its low cost to start an action.
Also threaten them with discrimination and harassment. Im sure you can say they are discriminating against you by withholding the bond because of XXX or something like that. |
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