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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Hi there, I rented an house for over 2 years, which the agency

Resolved Question:

Hi there,
I rented an house for over 2 years, which the agency did not come to check it for the whole time I have been there,
I went in a day after the the Previous tenant left, the house wasn't in great condition and the kitchen was greasy, the carpet in the living room was bad.
the contract was for six months but as we carried staying over the six months without anyone extending my contract, I had to call the landlord the first year to get the boiler and the gas heater checked out because I was a bit scared to use them as they are quite old. The landlord came to see me, 6 weeks ago telling me that I have to leave the house by the end of November, because he needs the house back.
which I agreed on. When I walked in the property they didnt do a list of the inventory of the house, and I didnt ask for one either coz my ignorance about it.
the landlord came around to check the house, and he said that it was fine but he will have to hold 175£ off from the 575£ bond because there was a few small painting jobs to do that I agreed on.
a day later he text me saying that he is finding loads of stuff damaged and that because that he is not going to give me any money bsck!
Is it legal?
Thank you
regards
Maurizio
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.
Alex Watts : On the exit inspection was it only the painting jobs mentioned please? Do you know if your deposit was protected?
Customer:

Hi there, yeah only painting jobs were mentioned, and due to that we agreed that he was going to get only 175£ off my deposit and not the whole ammount like he wrote me on a text the following day.

Customer:

I dont know what means secured deposit, I have the contract and the paper where me and the agency both signed it. But that was last time I saw an agent.

Customer:

I forgot to mention that I am in italy as I have a job starting in bahamas and the day that we did the exit check to the house was my last day in uk and the landlord knew it.

Customer:

Also I did forget to stop the bank standing order anfe

Customer:

After# XXXXX he gave me the notive to leave, so I paid an extra rent that he said he was going to give me back, and still hasnt! 575£ he said he was going to do it yesterday, and he is not replying to my text and he didnt do it yet!

Alex Watts :

Any tenancy that was an Assured Shorthold granted on or after April 2007 must have meant the deposit was secure, this is the law.

Alex Watts :

If it was not then the Landlord is in breach of the Housing Act 2004.

Alex Watts :

However the fact you are in the Bahamas does make things a little difficulty.

Alex Watts :

You are only in my view liable for the £175 deduction based on the fact you had an exit inspection and it did not pick up anything wrong other than painting.

Alex Watts :

You need to write and set out your request for a return of the deposit and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this recorded delivery and keep a copy. You can put that the Landlord should have protected it in accordance with the Housing Act 2004.


 


If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.


 


The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.


 


If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.


 


Can I clarify anything for you about this today please?

Customer:

Hi alex,

Alex Watts :

Hey

Customer:

hi alex,

Customer:

so what do i have to state in the letter? do i need to mention the housing act 2004? do i need to ask for the extra rent that i have overpaid by mistake and the landlord said was going to give me back last monday and he didnt? and now three days later still doesnt reply to me? do i need to send the letter the the landlord address or to the proprerty i rented out?

Customer:

reards

Customer:

regards

Alex Watts :

Yes you need to state all the matters you have set out here and exactly what you are intending to claim back.

Alex Watts :

Does that help?

Customer:

Hi alex, look what the landlord has just wroye to me! What shall I do?

Customer:

Ok Maurizio .. I haven't replied to you because until now we have never ever had our house returned in such a state and have sought professional advice ..
I spoke with the estate agent first who was involved in pricing and viewing our property and he showed me the brochure October 2011 stating that the house was beautifully maintained he is witness to this and also the fact that in all the tenants he found for us we never had any problems like this ..he also explained that the installation of a third party in the house without references was a breach of contract.
I also have seen a solicitor who has advised me to get quotes for all the work necessary to return the house to what it was including breakages , repairs and cleaning
I feel I have been a decent guy but your behaviour has warranted me to charge you for the two weeks overstay and to
hold on to all monies to set against your liability for breach of contract being of repairing obligation contained in the lease ..
Until the quotes are submitted and you and I have agreed the costs to be deducted from the deposit I have been advised not to refund anything
I am sorry it came to this but you have left us with no option.. Denis

Customer:

thats what after three days he wrote to me, now i walked around the house with him and his wife around every single room, before giving him the keys we agreed on the 175£ and now that he knows that i am in another country he starting to playing up! any advice alex?

Customer:

thank you

Alex Watts :

You still need to take the following steps as I outlined above.

Alex Watts :

I have suggested you email and then issue proceedings.

Alex Watts :

Does this assist?

Customer:

Ok will do. Thank you!

Alex Watts : If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’. Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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