We have moved out of a rented flat and the landlord is trying to take a big chunk of the deposit. He is refusing to provide a signed copy of the inventory, making us believe it doesnt exist.
What can we do?
2006-09-06 00:55:56 · 16 answers · asked by johndillon001 2 in Politics & Government ➔ Law & Ethics
Send the Landlord a "Letter Before Action" Stating that under the Landlord and Tenant Act the deposit can only be withheld for a reasonable time and then paid to the tenants, the only deductions allowed under the Act are for damages and things beyond normal fair wear and tear and that unless you receive your deposit in full within 14 days you will commence legal proceedings in the Small Claims Court, thus adding legal costs and interest to the claim. The 14 days is the time you have alloted as being a reasonable time for him to continue to retain the deposit.
If no joy check your contents insurance cover you might have access to free legal asssitance under the policy!
2006-09-06 01:20:58 · answer #1 · answered by Nick B 3 · 0⤊ 0⤋
I have come across this type of issue before in many different guises. As you have moved out it makes life a little awkward as you have very little leverage other than go to litigation. You must contact a solicitor quickly. You may also have an avenue in criminal law under the theft act. That is obtaining a pecuniary advantage by deception. This may be difficult to prove. Unfortunately many landlords seem to have the impression they are god when it comes to their tenants. Had you still been in the property I would have told you to hold onto the last months rent. Then you are quits anyway. You could also take it to the press, this would let everyone know what the landlord is like.
Good luck
2006-09-06 12:51:50 · answer #2 · answered by LYN W 5 · 0⤊ 0⤋
You should have a copy of the inventory, is he a private landlord or is it with a company you rented the house of? Go ask citizens advice about this one, as landlords always try and keep the deposit for some reason or another. If there is no damage to the flat, then he should let you have the deposit back. I reckon he`s trying to pull a fast one, dont let him get away with it, ring the advice centre dont leave it to late. Good luck.
2006-09-06 08:02:37 · answer #3 · answered by paula25catt 2 · 0⤊ 0⤋
Its hard to do anything now. I assume your flat was furnished? Anyway, in retrospect taking photographs of the entire flat prior to leaving would have showed the condition of the flat and what was left. Did you and the landlord go through the flat after you moved out? Did he sign anything stating the flat was in good condition and your deposit would be returned?
At this point, I would take him to small claims court and try to get your money back, if you think you can prove your case. Even if you donT have much to prove your case, take into consideration the fact that he may have nothing to prove that he has the right to keep your money, which may have the judge leaning in your favor! It only costs$35 or so to file for small claims, and if you win your case you can ask the judge to have the defendant pay for the court costs too.
2006-09-06 08:08:34 · answer #4 · answered by daisymae 2 · 0⤊ 0⤋
Speak to your local citizen's advice beaureau or advice centre. You can consider taking legal advice from a solicitor, maybe under the green card scheme if you're on low income? I always say that information is power - the more you know and understand your rights, the better.
Alternatives are the small claims court but please take professional advice first and good luck.
I might well be in your situation soon myself and am also worried my landlord will try to prevent me having my deposit back but the information I have offered is what I would do myself under the same circumstances.
2006-09-06 08:02:13 · answer #5 · answered by mancunian_nick 4 · 0⤊ 0⤋
Tell him that you want a copy of the inventory !!
Problem being is that you have moved out of the flat so you are not in the strongest position. Landlord could say carpets required cleaning , wall needed plastering etc and your deposit gone !!
You should of sorted it before you closed the front-door.
2006-09-06 07:59:43 · answer #6 · answered by hackett01 2 · 1⤊ 0⤋
Get him to actually justify in writing why he's taking a chunk of the deposit. Ask for evidence (Receipts for example), photographs, etc.
If there was an inventory - you should have seen it and signed it yourself (As well as kept a copy). If there's any damage or repairwork - then he should be able to prove that. And that's above and beyond normal wear and tear.
Put this request in writing and give him a time limit to respond.
Contact you CAB for further guidance.
2006-09-06 07:59:31 · answer #7 · answered by Felidae 5 · 1⤊ 0⤋
Go to a solicitor. He has to have proof before he can take any of the deposit. What are his reasons? If you stuck to your contract/tenancy agreement, you haven't broken anything and there is nothing missing then legally he can't withold the deposit. Unfortunately many people realise it would cost more for the solicitor than the amount they would get back unless they can sue for the charges aswell.
2006-09-06 08:00:30 · answer #8 · answered by Justme.X 2 · 0⤊ 0⤋
send him a letter stating you will take action in the county courts for small claims for non-return of deposit if the amount is not duly received in the next 5 working days. Hopefully that will work!If not you know to take action you can ring the county court directly they will send you the forms thus avoiding the need for a lawyer. your situation sounds like a straight forward one! but you can appoint a lawyer at any stage.
2006-09-07 21:57:23 · answer #9 · answered by Sky 3 · 0⤊ 0⤋
In most places, there is a special tribunal for sorting out rental cases, landlord-tenant disputes: you may move the special court, which is some thing like the consumer courts.
2006-09-06 08:00:11 · answer #10 · answered by swanjarvi 7 · 0⤊ 0⤋