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Colin | Trouble with Letting agent and Landlord. Where do I stand? |
I moved into a private property July 2007. Everything was fine untill the bad weather came and the house developed serious damp problems, the walls are black and Ive had to throw no end of furniture away due to it rotting. The tenancy is up on Monday when I hand the keys in. The trouble is they dont want to give me my deposit back because of stupid little things (toilet seat missing, door handle missing, a wardrobe left behind etc..) The property is in better condition than before I moved in, its just been destroyed by damp. Where do I stand? Can I get my deposit back and can I claim for the furniture that has been ruined? |
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Kat Dog Fisch
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Unfortuantely the landlord can hold security money for those items as long as they were there when you moved in. The rule is normal wear and tear... a missing toilet seat and door handle are beyond that. Also, your dresser is trash to him/her. Take it with you or throw it out. It's a pain for a landlord to have to throw out your things-- the more you tick him off the bigger deal he'll make about the small stuff and the more $ he'll hold back. Your lease probably says you need to remove all trash and belongings from the property. If you don't want the dresser then place and add in craigslist. There are enough people out there who will come and get anything for free!
In the meantime, just replace the toilet seat and handle..... it will only cost you a few buck at the homedepot and an hour of your time. It sounds like that would be worth it if you're that concerned about your security deposit right?
Good luck |
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andy w
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It must be a serious damp problem to have rotted your furniture in such a short time. you should have claimed for your losses as they occurred,too late now i think.What proof do you have if you threw it out.To get your deposit back why not fix the "stupid little things", it makes economic sense. Its hard to believe the house is in better condition now than before, at least it had door handles and a toilet seat then. The truth is you sound like the tenent from hell. |
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Dellboy from UK
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I don't know the answers to your questions, but I do know that you should learn a valuable lesson from this awful experience - that is to make sure it never happens to you again. If you are going to rent a property and have to pay a deposit, then first of all take detailed photos of every room, list all the contents and their condition. Bring to the attention of the landlord and his agent anything which you find is missing or broken and ask them to correct it. Put everything in writing to both landlord and agent and keep a copy yourself.
Go to Citizens Advice Bureau and ask them for information on what responsibilities and rights landlords , agents, tenants have when renting property.
Do all this, and with luck you will in future be able to rent without problems. Most of the time landlords and their agents try to bluff their way out of their responsibilities. |
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Ian M
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Unfortunately in the UK letting agents are even less controlled than estate agents and are unlikely to have bonding arrangements unless they are part of one of the professional organisations such as the NAEA.
Try the CAB or Consumer Advice or Consumer Direct (08454 04 05 60)
The amount is likely to be within the small claims procedure limit so you will have only limited court fees and can represent yourself rather than hiring lawyers.
Check with Trading Standards - the agent s terms and conditions may be unfair and thus void. |
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Duke75
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Buy a new toilet seat, put a door handle on and remove the wardrobe. it will cost you about 20 quid to do that and then you should get your deposit back. If you reported the damp then you can try to sue him for the damage to your furniture. |
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slippis09
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I'm afraid if you did not cover yourself before you moved in, then these landlords can do what the hell they like. Take notes of every defect before you move in, report any unforseen building damage to your landlord asap, and replace/repair any new defects during your contract, yourself, before moving out. Then the landlord will have a hard job of proving why he reserves the right to keep parts or all of your deposit (if it was secured in the first place!). Personally I'd be prepared to lose my deposit if and when I move out, because with landlords like these, they just don't care. And neither do I. As for the furnitures, forget about it. |
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alec c
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Who are the managing agents?
Did you take photographs or have an inventory done?
You are probably going to lose your rental deposit.
Try and clean the property as best you can, and write to the landlord and say the because of the damp it was impossible to clean the property. Maybe get a solictor to help you draft a letter!
LOL |
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funnycunny
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do youself a favour & spend £20 correcting it then ?
with regards to your stuff thats what contents insurance is for. |
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doitnow
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for 1 the landlord is not allowed to keep the bond it should be with the rent and bonds company whether he is a private landlord or not it is agaisnt the law if he has not lodged it when you first moved in .2nd make a list off all the loses you have with the rain damage ring the tenants advocacy listed in the phone book for your local office and they will assist you with getting your money . |
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shih tzu lady
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Toilet seat missing, door handle missing, wardrobe left behind are not silly little things. It means your landlord will have to go to further expense of getting them repaired/replaced or removed. If you want to get your deposit monies back you must attend to these things. With regard to the furniture having been ruined, why haven't you dealt with this before you get to the end of your tenancy. You've played right into their hands. |
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DAVID B
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You've left it a bit too late to act now. Was the damp reported to the agent? He works for you as well as the landlord. If the landlord doesn't deal with the damp in a reasonable time it is the agents job to tell the landlord that the work will be done & charged to his account. Did you cause the damp? Have you been using poorly ventilated washing machines and/or dryers? Or have you maybe used calor gas heating which thows out a litre of moisture an hour into the room? (Hard to believe but true.) Writer above is right - make good the items and demand your money back. That's when an agent earns his wages. |
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Cari
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I'm in a similar situation to you ... I did not remove a TV from my old house, so the landlord has decided that they can keep all £660 of my bond.
Legally, they can't. They can keep as much as it would cost for them to remove the TV, which would be around £15-20.
But I can't do anything about it. If I wanted to challenge the landlord, it would cost more in legal fees than what the value of my bond is. Places like the CAB will give free legal advice, but if you want to go to court you have to pay court costs and pay for representation. |
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garethbarry6lover
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oh my god sames happening to us but our landlords not answering so a few months ago when i was out i seen a sigh saying landlord not fixing things that means he has too fix it. |
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simplesimon
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Overall, you are unlikely to get a full refund on your deposit, but where you "stand" is affected by a number of possible factors.
* Who holds your deposit: If its an agency, they are (theoretically) supposed to be a broker between the two parties, and can help you reach a fair agreement. You stand a better chance of getting more back if this is the case.
* Are you in the UK, if so, are you in a Tennancy Deposit Scheme: This, run by ARLA, sets out a more formal policy for greivances, and if you have been wronged stand a better chance of getting more back.
* Any specific wording in your tennancy agreement regarding dammage and conflict resolution might help...
* Did you have a specific inventory with the property, and can you evidence the damage it has caused to your possessions?
However! Not wanting to be too critical and unhelpful, but you really haven't helped yourself out here.
To start with "stupid little things like toilet seat missing, door handle missing, a wardrobe left behind etc.."? This is someones property! They have to pay to replace these things! Implicitly it sounds like you have left the place in a mess if this is an issue, and they are perfectly able to charge you whatever they see fit to replace them (not only cost of goods, but labour to fit them, and to remove your wardrobe) - indeed, as you couldn't be bothered to sort this out yourself, they are under no obligation to do this the cheapest possible way, so if it means hiring a man at £15 an hour to fit a toilet seat - you will have to pay.
With regards to the damp etc. You have really left it a bit late. You should have acted a long time before your tennancy was up, and made the landlord aware there were problems. Kicking up a fuss now just makes it seem you are annoyed at loosing your deposit.... |
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andyboy
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Our ladylady has not paid her mortgage and we received an eviction letter> i went to court to explain that i was the tenant and we needed an extension> the court agreed and I have two months to move which is fine. The problem is the letting agencys solicitor will not release my bond even though the contract is now void becuase the judge told me to pay the bank directly. I need this bond back to find a property but cant get it released. The letting agency say that i need a letter from the bank (who are now the owners) to release the bond but the bank will not help because my name is not on the account. (the land lady is) im stuck and have tried to do every thing i can. how do i get my bond back?? help!!!
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