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rachiepachie | Landlord bullying... help? |
My ex-landlord (a lawyer) has not returned my deposit. Its been 3 and a half months since we moved out. One month after moving out, we called him to ask if he's returning the deposit soon. He apologised, and said he was very busy and hadn't got time to do an inspection of the flat after we moved, and that once he gets that sorted, he'd return us the deposit. Two months later (and still no sign of money or contact from him), called him again. This time he apologised and said that he was very busy but will endeavour to return us the money. Three months later, called him up again to ask what's happening with the deposit. This time he wasn't apologetic anymore. He said that upon inspection, he found that a corner of the kitchen worktop had chipped off and he had called up a contractor and was awaiting a quotation for the cost of repairing it. We knew what it was - basically a roughly 1-inch by 2-inch piece of the wood veneer that covered the kitchen worktop had chipped off sometime. Additional Details We knew about it, but the kitchen worktop already was quite used when we first moved in a year ago, that corner piece of veneer was already loose, and not surprising during the entire year we stayed there, the loose corner finally chipped off (as we use the kitchen to cook a lot). Anyway, so now, its been nearly 3 weeks since we called him and was told by him that he was awaiting a quotation for repair costs. He hasn't called us once to let us know what's happening with the quote, how much he wants to deduct from the deposit, or when he's returning it! Its so irritating. I know we've been advised to write a formal letter to him asking him to return the deposit within a specified time limit or else we can take legal action against him. But going to court will cost us a non-refundable £80+ in court fees which cannot be reimbursed. Plus we might get our money back through court like this, but minus the deductions he takes out for repairing the kitchen worktop. Our deposit was £550, after |
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Sparklepop
 |
Hi there,
I'm sorry you're in such a difficult situation. This is by no-means an 'I told you so' answer, but the unfortunate truth about renting is that you have to go through the place with a fine-toothed comb the day you move in and report anything that isn't perfect. I know that doesn't really help you much right now, but just for the future. I've been stung by it myself, so I know how you feel.
However, 3.5 months with no deposit returned because he was 'too busy' for 2 of those months is unacceptable. He should have checked the property immediately after you left and reported any damages to you. You should have had contact from him within the first 28 of you moving out with an answer as to whether or not you were going to get your full deposit.
This is a difficult one because if the tenant does damage something, it is only fair that their deposit is used to repair or replace it. I imagine that he will have to replace the entire work surface. But it should not cost £550 to do so.
Even though he is a lawyer, it doesn't mean you won't stand a chance. In fact, he is less likely to want to be dragged through the courts because of his profession. He was in the wrong for making you wait so long. At the end of the day, I imagine he's got enough money to replace that work surface without you needing to lose your deposit - he is a lawyer, afterall. Reasonable wear and tear should always be replaced by the landlord - if you made a mark on the wall, should you pay to redecorate? No - it's the landlord's job. He is being particularly fussy and a bit of an ********.
Does it say anything in your tenancy agreement about deposits? I know that mine stated that I would have a decision on the return of the money within 28 days, which is standard.
I would write him a letter (keep a copy for yourself) stating that there was already slight damage to the work surface before you moved in, and being that landlords are supposed to check properties between each tenant, you presumed he knew about it. You did not report it to him when it chipped because it was minor damage and caused by reasonable wear and tear - not through any fault of your own. If your tenancy agreement says that you should have had a decision on your deposit within 28 days of moving out, point this out. Even if the contract does not state this, still point out that he should have checked the place immediately and made a swift decision. Also ask to see proof of the quote for repairs. You can also say that you are going to contact the C.A.B. and that you expect to hear from him within 7 days.
Then contact your Citizen's Advice Bureau.
If you have to take him to court, do so. Use a company that will deduct the costs from him if you win, so that you do not have to pay the £80. I worked as a legal secretary for a while, and I know that if a solicitor doesn't think you have a case, he will tell you before court proceedings even take place. They don't want to do any more work than they already have and they certainly don't want to lose a case, so at least you will know who is the wrong legally.
The fact that he bought a veneer worktop instead of solid wood or granite means that he bought on the cheap, so that he could replace the worktop just as cheaply when it got damaged through wear and tear by tenants. He cannot expect to have absolutely no difference to the place after more than one person has lived there. That is the whole point of cheap veneer worktops. You should point that out!
Good luck hun
xx Emmie |
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Dawnita R
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Did you take pictures when you moved in and again leaving?
Maybe you can bargin for some of it or talk to an attorney.
Too bad you did not have that area repaired before you left.
You knew he was a lawyer. |
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torrie
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File a small claims case against him today then carry through. When he gets the paperwork he may pay up fast. |
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Paul S
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hmm whilst it is not much of a big deal in your eyes, it is in his, as the whole worktop will need to be replaced.
im sure once his quote comes through, he will deduct the costs accordingly.
not a lot you can do really. you should of brought it to his attention when it happened.
if he does finally pay up, make sure you add interest on as he is holding onto the money far too long.
sorry.
hmm further to your additional info, it seems harsh that he is penalising you for this because the worktop was worn anyways and the peice was loose, so really the fact that it fell off was just wear and tear, not damage as such.
I would ask him if he realised the poor state of the worktop when you moved in and that bit was loose anyways? if he says yes he cant have you for it.
seems like he dont want to pay for replacing it himself.
you could try and get him with having the house inspected for health and safety as you suspected the house was not up to a safe standard as it should be. maybe he might play ball then. |
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amsterdam
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Was an inventory taken when you moved in ? If so, the damage to the workshop should have been noted. Better still, photos.
The Citizens Advice Bureau will give you the best free advice, and advise you whether it's worth investing the £80 or whether you are throwing good money after bad |
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Marky
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You should ask to see his quotes and get your agreement before any work is carried out.
Go to the agents or the Citizens advice as 3 months is excessive. |
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ikea t
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A landlord needs to be told about any imperfections of the unit. If he/she doesn't know he/she is going to believe it was you who did it. As far as your deposit dispute I woudl take him to court and fight the case. Did you happend to take any photos of the kitchen worktop at all. He shouldn't have beated around the bush with your money at all. Take hime to court. You do know that he is a lawyer but all around the board he was wrong |
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m2
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lawyers do not like to return money..
when renting you always take pictures and make sure the date is set..
you take pictures when entering..on the condition and they should be matching of the .."landlords" (landlords almost always take pictures with dates and receipts)
lawyers just don't like to return money for the most part..
especially as "deposits " increase with rent..
now that being said.....
if you go to court??
do you have pictures of before and after?
you can add interest on your deposits......
now..judges can rule any way...i have seen judges say
"the home depreciated as part of rental and pay the deposit"
so......sue/use the courts..
up to you.........just because the owner is a lawyer doesn't mean the judge will rule..against you..may go the other way..don't let that "intimate" you..
and keep to "natural depreciation"......the house would have aged......and been used....and not in bad shape otherwise..
you do not owe the "landlord" upgrades.. |
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Lucy
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Do you have a Landlord and Tenant Act in England? If so check it out and if there are offices for issues between landlords & tenants - go in and see them to see where you stand.
I have a feeling you are going to have to swallow your loss. He sounds like a prick and is going to invent any excuse not to refund your deposit....as he's already decided that you chipped the counter (even though it was probably previous to you). Let this be a lesson....next place you rent - if there are any damages before you move in take pics and have the landlord sign off on them. |
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Calla R
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I sympathise with you having difficulty dealing with a lawyer landlord. He has the upperhand, for one thing being the landlord, secondly, being the lawyer who drafted the provisions of the contract, which might be onerous to begin with.
Court case yes is very costly. I suggest that you continue sending him letters asking him to justify the charges he's billing you otherwise you will seek legal assistance. Then get a collection agent who usually charge say 10% of the amount you'd be able to collect, if the agent will be successful in collecting.
There is usually free-legal assistance from government agencies to help tenants/renters. you might want to check them out as well. hope you'd get your money back soon. good luck! |
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Raven
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Did you take before pics of the flat before moving in? If so and it was there before you are not liable.. Also if it was normal wear and tear you are not liable... If he is insisting that you pay for this make sure you get a copy of the quote for repair. If it is a outrageous amount be sure to ask how much the material and labor cost. If you do not agree with the amount in question than express this to your ex landlord. In most cases all involved will come to a agreement. You also might want to go over your lease if you had one and check the section on deposits. Most deposits have to be put in a bank. And have a specific time that they have to be returned to the tenant after you vacate the premises. |
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Lori S
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Yes, he should have returned your deposit along with an itemization of costs incurred to repair the worktop, but your only recourse is to take him to court and since he is an attorney, well... |
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shih tzu lady
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Witholding your deposit for 3 1/2 months is a no-no in itself. It's not your fault he hasn't got the time - if he wants to be a landlord, he has to find the time to be one, and that is not your problem. Send him a letter telling him that you need the situation to be brought to a close within 7 days or you will be filing a case in the small claims court. Make notes of all the calls you have made to him and what the outcome/explanation was and you can take this to court. Did you take any photos or was there an inventory when you moved in, it should have been noted as existing damage and this is just a dilapidation. He should be returning the deposit within a sensible and acceptable time limit and not many months later. If necessary pay the £80 - if it goes to court you will get that money back. Let me tell you now, your "lawyer" landlord wont want to go to court for something so trivial because if that case goes against him, it wont look good for him given his occupation. Dont let him bully you just because he's in the legal profession. Right is right and wrong is wrong and he is not being at all fair. Give him a time limit to rectify the situation, but also ask to see his quotations, and before agreeing for this amount to be deducted from what is owed to you, get your own quotation. He's a con man. |
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Bob D
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File a small claims court case against him... |
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