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What rights do landlords have to keep some of the deposit?

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Hi! so i am having trouble with my ex landlord, i lived in the property for 4 years, i have been living at my new property for 3 months now and still have not recieved my deposit back from her. The am…
mairsy07 Avatar
banned7y, 1m agoPosted 7 years, 1 month ago
Hi! so i am having trouble with my ex landlord, i lived in the property for 4 years, i have been living at my new property for 3 months now and still have not recieved my deposit back from her. The amount was £375, she contacted me saying she was going to deduct £100 from it, reasons being, arreas with electric, missing curtains, place needed cleaning.
Now i believe i left the property in as good condition as i could have, i paid my arreas on the electric anyway so thats sorted. Now after 4 years the place is going to have some wear and tear is it not? The Flat was coverd in damp anyway and i was basically using only 1 room for 3 years! she said she was going to do work on the flat after xmas, she never did! i had to live in a damp falt which was so freeking cold!!!! i belive i kept it in the best condition i could have so is it fair for her to take £100 off me for cleaning the property ? The place needed a hell of alot work to it anyway so i think its unfair to use my deposit for what she should of done when i was there anyway!
What do you peeps think?? thanks...
mairsy07 Avatar
banned7y, 1m agoPosted 7 years, 1 month ago
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#2
wish i could offer some advice on this for you. never really been in the situation before, only really when was at college in Sheffield & the landlord there tried to keep £100 off all 7 of us (700 in total) in the house because he said it wasnt clean etc. even though it was cleaner that when we moved in.

in the end one of my mates old man went round & demanded the money & asked him to come to the house & point out exactly what wasnt clean. he declined the latter & promptly we recieved our cheques back.....

hope someone can offer the advice....
#3
Template letter here







If all else fails :

Making a claim

If someone owes you money and you cannot settle things in any other way, you may decide to issue a claim through the county court.
http://www.hmcourts-service.gov.uk/infoabout/claims/index.htm
#4
Howcome you rented a place with damp? i would of left years ago. or not botherd at all. hope you get your money back, ex land lord sounds like a cow
banned#5
Did it go through a managing agent or was it direct?

I'm a land lord of a property I rent out and I do it through a managing agent to make sure there isn't any issues regarding this type of thing.
The deposit paid by my tenants is being held in a 'bond' of some kind that they will get back when the leave, as long as they adhere to the terms and conditions in the lease.

If you have gone direct to the land lord, then I am not sure how you can legally get your money back without going through a costly legal action.

That said, you may be able to go through small claims to get the money - as long as you can prove you left the place as agreed in your lease, you land lord will probably pay up before going to court.

If you have no proof of how you left the place, then this may be a struggle.
#6
Were there curtains missing? Was the place cleaned properly?
banned#7
Hey! thanks for all your replies... when irented the place there was no damp but it had been decorated , like just been painted so after a few months the damp began to come through the walls, i would of left yes but circumstances were not that great so i had to stay where i was, i couldnt wait to get out of there believe me. As for the net curtains they were missing yes, so a few quid off it there but thats it. i cleaned the place whewn i moved out yes, i left it the best i could and she knows my time there was hell due to the damp and her doing nothing! i rented it privately yes... if it was my fault i would say yes keep £100 of it, but i cant controll damp, thats her problem isnt it?
banned#8
mairsy07
Hey! thanks for all your replies... when irented the place there was no damp but it had been decorated , like just been painted so after a few months the damp began to come through the walls, i would of left yes but circumstances were not that great so i had to stay where i was, i couldnt wait to get out of there believe me. As for the net curtains they were missing yes, so a few quid off it there but thats it. i cleaned the place whewn i moved out yes, i left it the best i could and she knows my time there was hell due to the damp and her doing nothing! i rented it privately yes... if it was my fault i would say yes keep £100 of it, but i cant controll damp, thats her problem isnt it?


Yes, it is her fault and she hasn't a leg to stand on, however there is no immediate authority in this situation that can sort this out for you at a drop of a hat.
You will have to seek advice from the Citizens Advice and then take legal action to get the money back.

Lesson learned - always go through a management company that an act as an intermediary between you and the land lord. That way you are both covered in these situations.
banned#9
ok mate thanks to you all! i will contact citizens advice and see what they say.. i forgot to tell you that the celing has collapsed so its a good job i got out when i did! she said it was a burst pipe in flat 3...
#10
JonnyTwoToes
Yes, it is her fault and she hasn't a leg to stand on, however there is no immediate authority in this situation that can sort this out for you at a drop of a hat.
You will have to seek advice from the Citizens Advice and then take legal action to get the money back.

Lesson learned - always go through a management company that an act as an intermediary between you and the land lord. That way you are both covered in these situations.


Agreed.
#11
£100 is a small amount.
If you want the hassle of possibly going to court to atttempt to retrieve your £100, then I hope you have a strong will.

Why haven't you received the deposit minus the £100 yet?
banned#12
anyone leaving a rented situation -should always take numerous detailed photos of the place you are leaving , decor , furnishings , kitchen , toilet , shower and include in the photos a copy of the last days newspaper so the headline can be seen clearly. this can prove the state the place was in on the day you left .dont tell your landlord you have done this , it can be a form of insurance should things get difficult. : )
#13
tangramman
anyone leaving a rented situation -should always take numerous detailed photos of the place you are leaving , decor , furnishings , kitchen , toilet , shower and include in the photos a copy of the last days newspaper so the headline can be seen clearly. this can prove the state the place was in on the day you left .dont tell your landlord you have done this , it can be a form of insurance should things get difficult. : )


Not much point if you don't have a photo of when you moved in.
#14
thesaint;7729877
£100 is a small amount. If you want the hassle of possibly going to court to atttempt to retrieve your £100, then I hope you have a strong will. Why haven't you received the deposit minus the £100 yet?


The value of money is very different to all of us. Personally, I would not let the landlord get away with this and I would still chase them even for £50.

:x Hassle, yes but the principle is being ripped off by a landlord who think they can get away with it.......and rely on people getting fed up and walking away from it. Hope you can avoid the small claims court but I have used this many times....they have always paid up before it got to court.

It is no different from being accused of something. If you did not do it then fight...the £100 will be all the sweeter for it :)



Obviously, they think you are a pushover
banned#15
yep £100 is small for some but for others it is alot. i have got a letter ready to post off to her so i will see what happens. i will post it here if you like and you can tell me what is best lol ....

Dear Kate
Re: Flat 1, 1 Eagle Parade , Buxton , Derbyshire
In your letter dated Monday 1st of February, you said I should consider the following points regarding the deduction of £100 from my deposit.
All Kitchen cupboard doors were laminated without any prior consent.
The bedroom was redecorated Dark Brown without prior consent.
The Electric was in arrears £16.
Bedroom net curtains were missing.
The flat needed a deep clean in order to be let out again including carpet shampoo, cooker professionally cleaned.
I accept the following points...
The bedroom net curtains were missing.
I disagree with the rest of your points for the following reasons...
You said the bedroom was redecorated dark brown without consent, myself and my girlfriend asked you if it was ok for us to paint the flat at the start of the contract and you said yes. In your few visits to the flat you never complained about the redecorating so why now? the entire flat needed seriously re-decorating no matter what colour we had painted it from all of the damp so it hardly seems fair to use this excuse.
The Electric has all been paid off which came to a total of £301 when I contacted electric to let them know to close the account therefore I do not know where the figure of £16 has came from, I would like proof of this. Also, I had very high bills which I did not agree with; I looked further into it and it turned out the Economy 7 meter was faulty which was then replaced but wasnot my fault although I picked up the costs from the electric company!
Myself and my girlfriend cleaned the flat throughly and the best we could. Any marks on the carpet is a result of wear and tear after four years as there is no major damage to the carpet along with the previously mentioned issue of damp! That asisde I would like you to provide the receipts of the proffessional cleaners used please. You also said the ceilings have collapsed so there is surely consequent damage to the carpets from that!
The stickers on the cupboards simply peel off without causing any damage.
Please consider the following:
I lived there for four years causing no problems at all. One year later damp starts to appear through most walls, mainly the bathroom and the bedroom. I got in touch with you about the situation.You got a new bathroom fitted. However the problem soon came back. I contacted you about this and nothing was done.
I was living in one room for three years it was so bad; I had to drag my mattress into the living room every night! After some time you came and applied damp proof to the bedroom walls (which was not finished) saying you would do some work after xmas 2008. You recently said to me, "I did not realise it was this bad". You never got around to doing this work at all. Over four years the damp just got worse, I kept the flat to the best condition I could. I believe you cannot charge me for the deep cleaning of the property after four years of damp. Furthermore, there is no damage/major damage caused by me.
All this considered, I think I am entitled to £360 of my deposit back following a deduction of £15 for some cheap net curtains.
I look forward to hearing from you and I feel it is a shame that it has come to this. I hope you realise what I lived in and put up with. I tried not to complain however I did let you know that the damp was there. I did my best to make it as homely as I could for myself. Please note that if I do not hear from you within 14 days of the date on this letter, I will be taking further action.

Yours sincerely,

C. Owen
banned#16
its not layed out like that lol i just copied and pasted it so thats how it came up on here. Thanks to the person who supplied the template!
#17
You did not deduct for the kitchen cupboards. They may well peel off, but why should the landlady do so?
who is going to supply and fit nets for £15?

thesaint


Why haven't you received the deposit minus the £100 yet?
[mod]#18
At the time you should have pressed for a rent review if you felt that the property was not habitable or did not meet the relevant standards.

I cannot remember the relevant section but you need to look at the Housing Act 1984. There is a list which says how a landlord should ensure the state of the property when you move in or when it falls in to disrepair. .

As far as the deposit is concerned, write to the landlord and list the defects. You really ought to have asked for a rent review at the time.
banned#19
thesaint
You did not deduct for the kitchen cupboards. They may well peel off, but why should the landlady do so?
who is going to supply and fit nets for £15?


the nets are hardly hard to fit, i dont know anyone who has someone to come in to fit nets. The stickers on the cupboard peel off easy, just pull and it all comes off. I have not had the rest back becuae i dont want the rest, i want what i am entitiled to and not what she thinks.
#20
mairsy07
the nets are hardly hard to fit, i dont know anyone who has someone to come in to fit nets. The stickers on the cupboard peel off easy, just pull and it all comes off. I have not had the rest back becuae i dont want the rest, i want what i am entitiled to and not what she thinks.


If you think that £15 to supply and fit some nets is going to cover it, then good luck. :thumbsup:
#21
thesaint;7731897
If you think that £15 to supply and fit some nets is going to cover it, then good luck. :thumbsup:


Nets are really cheap (and tacky), don't need fitting, just string them up on a wire. Cannot imagine it was anything more elaborate from this landlord.
#22
iglimpse
Nets are really cheap (and tacky), don't need fitting, just string them up on a wire. Cannot imagine it was anything more elaborate from this landlord.


So they don't need fitting, but need stringing up on a wire...:thinking:

They'll charge about £15 per hour(or part of) for "not" fitting them.
#23
thesaint;7734754
So they don't need fitting, but need stringing up on a wire...:thinking: They'll charge about £15 per hour(or part of) for "not" fitting them.


Cheap tacky nets are DIY, not fitted.
#24
iglimpse
Cheap tacky nets are DIY, not fitted.


You do realise that the landlady is allowed to charge for fitting them don't you?
#25
thesaint
You do realise that the landlady is allowed to charge for fitting them don't you?


I dont know any landlord that would charge you for putting up a pair of net curtains.
Op I think your letter is set out well and says what you need to say and what does seem fair.
Good luck but still wouldnt hold my breath cause usually they will find something to blame to hold back some of your deposists.
But remember living somewhere for 4 years there is always likely o be wear and tare or are they charging you for wearing out the carpet by walking on it!
banned#26
thesaint;7734920
You do realise that the landlady is allowed to charge for fitting them don't you?

why are you always so pedantic and awkward? OP can fit the nets themselves then if she kicks up a stink. Net curtains cost about a fiver!

just move on as you are not helpful at all (as per usual!).
banned#27
cassidy04;7735370
I dont know any landlord that would charge you for putting up a pair of net curtains.
Op I think your letter is set out well and says what you need to say and what does seem fair.

Good luck but still wouldnt hold my breath cause usually they will find something to blame to hold back some of your deposists.
But remember living somewhere for 4 years there is always likely o be wear and tare or are they charging you for wearing out the carpet by walking on it!

+1 :thumbsup:
#28
cassidy04
I dont know any landlord that would charge you for putting up a pair of net curtains.


Read below:

cassidy04

Good luck but still wouldnt hold my breath cause usually they will find something to blame to hold back some of your deposists.


:roll:
banned#29
Thanks to all you who are helping me on this, i sent the letter off last night so i will let you know what happens. hopefully she will just give it me back lol if it was my fault i really would not mind her having it. Thanks again :-D
#30
You need to check your tenancy and inventory. Some tenancies I have signed stipulate that you have the carpets professionally cleaned (and windows) before leaving. (Regardless of whether or not they were done for you). Any permission to decorate is generally always given with the previso that it goes back to (usually magnolia) before you move.

Too late for you but I always advise to always do a walkthrough of the rented property before handing keys over and getting landlord to sign a letter stipulating that everything was satisfactory etc.

I'm just about to start bugging ex landlord about getting my deposit back. What I should do is log into the deposit protection scheme and initiate it myself. Shall do that tomorrow if no phone-call by Noon. These are same landlords that charged me 1 month's rent for 3 days! (they gave me notice and I found somewhere too quickly for them and demanded that I still give a month's notice, well I would have lost new house so had to pay a month's rent on two houses).

Landlords are a law unto themselves. I don't believe it's fair that tenancies can state that you get carpets professionally cleaned etc before leaving when the house was filthy when you moved in (they even left grill pan with fat in, landlords were last ppl that lived there).

The house sparkled when I left though - I have pride!

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