Landlord not returning deposit - different case - Help please

[lovelondon]

Hi,

I and my husband rented an apartment via an estate agent in Isleworth. There were 2 landlords (partners, who deal with properties). Once we moved in, the estate agency took a back seat and asked us to directly deal with the landlords. Before leaving the property, we paid all the bills, got it professionally cleaned and everything. The inspection was conducted by both the landlords, inventory list checked. Both were happy. The next day one of the landlord called and said that he found a problem with the kitchen platform and would check how much will it cost to get the platform top changed. I had by mistake once kept a hot pan on the platform and there was a slight round mark on it, which according to the landlord spoiled the matte finish of the platform. We left on a good note. But then for a long time they just said that they have not been able to get in touch with the right people to get an estimate. 2-3 Weeks passed and then when we called again, they said that it will cost more than the deposit to get the whole thing repaired so they are looking for a better option. More than 5-6 weeks passed. Now when I called to one of the landlord he said that the other one takes care of the finances and I should contact his secretary. When I mailed the secretary and asked her if there was any update, she mailed back saying there is no update, don't call the landlords directly always revert back to her with a mail. She did not give me any contact number either when I asked for it. She also clearly mentioned that in case I call the landlord directly ever again or ask for a quick answer about the deposit, they will change the whole kitchen top and invoice us the rest of the amount.

Its now been more than 3 months and I have no news on my deposit. Also, the new tenants had moved in just a day after we moved out.

Any help, suggestions would be really helpful.

Thanks in advance!

[CaseyV9]

It sounds like they are out to screw you out of your deposit.

I reckon you should get in contact with your nearest Citizen's Advice Bureau for this.
Isn't your deposit properly protected by one of those government schemes?

I wouldn't go to the landlord or the estate agents directly yourself. Just keep a record of any letters or stuff. Get legal help.

[kalniel]

Landlords don't hold deposits anymore - they are held by an independent third-party and have to be returned within a reasonable time frame. Get in touch with the third-party directly and ask where your deposit is.

[G4Z]

This is why I usually just call up the landlord and tell them to keep the deposit as the last months rent.

[CaseyV9]

This is why I usually just call up the landlord and tell them to keep the deposit as the last months rent.

I think I read someone on another forum say something like
"If you do not think the landlord is going to give you back your deposit then don't pay the last months rent. They cannot do nothing about it as long as you left the place in the same state you bought it in." This must be the case if your deposit is equal to the amount you pay for a months worth of rent.

[Roundabout]

Did you start your tenancy start or be amended after 6th April 2007?

If so your landlord should have placed your deposit in an approved tenancy deposit scheme. They cannot take the money without filing a claim through the deposit scheme, submitting receipts and generally going through a load of hassle.

The penalty for landlords not using an approved scheme can be pretty harsh:

What if your landlord isn’t protecting your deposit?

You can apply to your local county court. The court can order the landlord or agent to either repay the deposit to you or protect it in a scheme. If your landlord or agent has not protected your deposit, they will be ordered to repay three times the amount of the deposit to you.

See here: http://www.direct.gov.uk/en/TenancyDeposit/DG_066373

If you tenancy dates from before 6th April 2007 then you will have more trouble.

1) Decide if you think you are culpable or not and more importantly if you want to fight it. You could for example argue that since the damage was discovered after the inventory was taken it was caused after you left. Of course you may end up perjuring yourself if it ends up in court...

2) If you do decide to pay ensure you are provided with full receipts for the work. You may also be able to demand the landlord seeks more than one quote for the work (but I don't know).

3) Was the "platform" (is this the kitchen worktop?) in mint condition beforehand? If not the landlord can't charge you the full amount for a replacement as the fitting will have partially depreciated in value before the damage you caused.

I can't think of any more right now.

[lovelondon]

Thank you everyone for your replies. I now have hope of getting my deposit back.
Wish you all a very Happy New Year!!

[lovelondon]

Thanks Roundabout.

My tenancy started in 2008. And yes, I was talking about the kitchen worktop. It was a new apartment and we were the first tenants for that apartment.

Did you start your tenancy start or be amended after 6th April 2007?

If so your landlord should have placed your deposit in an approved tenancy deposit scheme. They cannot take the money without filing a claim through the deposit scheme, submitting receipts and generally going through a load of hassle.

The penalty for landlords not using an approved scheme can be pretty harsh:




If you tenancy dates from before 6th April 2007 then you will have more trouble.

1) Decide if you think you are culpable or not and more importantly if you want to fight it. You could for example argue that since the damage was discovered after the inventory was taken it was caused after you left. Of course you may end up perjuring yourself if it ends up in court...

2) If you do decide to pay ensure you are provided with full receipts for the work. You may also be able to demand the landlord seeks more than one quote for the work (but I don't know).

3) Was the "platform" (is this the kitchen worktop?) in mint condition beforehand? If not the landlord can't charge you the full amount for a replacement as the fitting will have partially depreciated in value before the damage you caused.

I can't think of any more right now.

[Blitzen]

Thanks Roundabout.

My tenancy started in 2008. And yes, I was talking about the kitchen worktop. It was a new apartment and we were the first tenants for that apartment.

Well you did state earlier that you had damaged the work top.
If i were the landlord, i would want to withhold the deposit aswell since this is not normal wear and tear.

The landlord, as you have only been renting it for a year though, is not in a position to withhold it and should go to arbitration. If it does, i doubt you would get your cash back though as you have damaged a new worktop and they are expensive, especially if a match cannot be found, as all the kitchen worktops would have to be replaced to match.

[G4Z]

I would have to say that as it is a kitchen worktop that kind of damage from a hot pan is definitely 'normal wear and tear'.

It was a worktop for cooking, that is what you used it for and it was slightly damaged. If it were me I would chase them down for every penny because I would lay money on the fact that the landlord will not do a thing to fix it. What reasonable person would go to the trouble of repairing something like a slight mark from a hot pan on a kitchen worktop particularly in a place they are renting out. There is no way that kind of damage would affect the rental value so I can't believe for a second any landlord would go to the trouble of repairing it. unfortunately there are a lot of landlords who seem to think they can withhold deposits for any reason they like which is exactly why I never pay the last months rent. If they want me to pay for any damage that is fine but I want to see receipts for any work done, 2 estimates for the job and I want to see the inventory (which in 9 years of renting I have never seen from a landlord).

[lovelondon]

Hi all,

I checked with TDS, my|deposit and the Deposit Protection Scheme and found out that the landlord has not secured the deposit with any of these schemes. Also, I mailed the landlord's secretary for update (without mentioning anything about my enquiry), they have finally offered to pay half of the deposit back.

What should I do? Should I take the half deposit or seek legal advise?

Thanks in advance!!

[Kumagoro]

If your deposit hasn't been put in that new protection scheme then apparently they are liable
for up to three times the amount of your deposit. So you may well be quids in although I guess
you will need to take them to the small claims court but that's not such a big deal it seems.
In the very least I would have thought the threat of that would make them give you the full
deposit back with little hassle.

Why not post in the all about renting forum on www.housepricecrash.co.uk there are many
similar posts and the posters there will give you advice about how to go about it all.

[Lucio]

Hi all,

I checked with TDS, my|deposit and the Deposit Protection Scheme and found out that the landlord has not secured the deposit with any of these schemes. Also, I mailed the landlord's secretary for update (without mentioning anything about my enquiry), they have finally offered to pay half of the deposit back.

What should I do? Should I take the half deposit or seek legal advise?

Thanks in advance!!

Personally, I'd go slightly on the offensive here, and aim to get back your full deposit. At the end of the day getting more money back seems... wrong to me though I'm not quite sure why tbh.

Check with Citizens Advice regarding the points of law raised in this thread, to ensure that they're 100% accurate and apply to your specific situation. It also might be worth checking on approximately how much it'd cost to repair the damage to the kitchen surface, because if you go to small claims court chances are it'd significantly weaken their case if you say that you're entitled to 3 times the ammount, but want the cost of the repair deducted from this.

[Spud1]

Personally I would take your landlord(s) to court over this.

There are so many of these "rogue landlords" around and they need to be stopped. Taking them to court over this will at the very least mean they will end up with a big fine, and will hopefully deter them from doing this again in the future.

It is very cheap and easy to do so - just phone up your local county court and explain that your landlord has not protected your deposit, and is refusing to return it.

[kalniel]

Agreed. This is a good case for small claims - the landlord is in the wrong here regarding holding the deposit and needs to be held to account - he might not just be doing it for your deposit either.

[lovelondon]

Hi All,

Could someone please suggest whom should I contact if I want to take the landlord to the small claims court? Is there a website with information on how to proceed with filing a case against my landlord in the small claims court? Will I have to hire a solicitor?

Well, the landlords are getting on my nerves now.. because now they are saying that we left the apartment in a very a shape that they had to get it professionally cleaned, which is not the case at all, we got the apartment professionally cleaned and we even have the recipt!! The landlords were very happy during the inspection, apart from the mark on the kitchen worktop, there was no problem at all.. and that too, its just a ring like mark, which now I think should have been considered as normal wear and tear.

Any help and advice appreciated. Thanks a lot guys!!