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LondonlawyerJ
LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 800
Experience:  Solicitor with over 15 years experience.
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I recently moved out of a property that I rented for nearly

Resolved Question:

I recently moved out of a property that I rented for nearly 5 years. The landlords friend did the check out, signed the papers and had a look round. Now 3 weeks later the landlord still has our deposit and is saying that she wants money from it for various things that are not actually our fault. How valid is the signed check out?
Submitted: 3 years ago.
Category: Law
Expert:  LondonlawyerJ replied 3 years ago.

LondonlawyerJ :

Hello. I am a solicitor with over 15 years experience. I will try to help you with this.

LondonlawyerJ :

Can you just tell me is your deposit in a guarantee scheme and what does the landlord say is the reason for withholding some of the tenancy and how much doe she intend to keep. Did his friend sign anything saying that there was no damage?

LondonlawyerJ :

I will be in and out of court all morning so there may be some delay in me getting back to you this morning. I will do so as soon as I can. I ho this is OK.

Customer:

It is held in a deposit scheme. She is saying there is some damage to carpets, broken blinds, wall stains etc. This was all there when we moved in but of course over 4 years things have degraded more so. We looked after the place very well and were very careful. The friend did a check out form it had an inventory not sure about damage. the place is in good condition and was fine when we left it. Anything there is has got to be wear and tear. She hasnt said how much she wants yet, she said she was getting prices. We really need our deposit back. We feel she is being unfair and greedy

Customer:

she is now saying she is going to buy stuff, send us the reciepts and just deduct what she claims she needs from the deposit, we havent agreed to anything. she wants 40 for an oven clean and 25 for a cooker hood filter....

LondonlawyerJ :

Which deposit scheme are you with?

Customer:

she didnt say a name she said it in her ' business bank deposit account' is that insurance based?

LondonlawyerJ :

Ok so it seems your landlord ha not put your deposit on a guarantee scheme. I am leaving court now and will give you an answer when I get back.

Customer:

We asked for details she gave us none and we received no paper work on this when we moved in or since.

Customer:

she only told us that detail by text.

LondonlawyerJ :

You should write/email your landlord telling them that you do not accept that they have any grounds to withhold any of the deposit as there is no damage/whatever deterioration there may be is due to fair wear and tear.


You should check you tenancy agreement to see what the provisions in that are regarding return of deposit. Cite those in your letter if they help.


You should also ask her which tenancy deposit scheme the deposit is lodged in and remind her that for tenancies commencing after 6 April 2007, if you pay a deposit for an assured shorthold tenancy to a private landlord or letting agent, the deposit must be protected in a tenancy deposit protection scheme.


This is a mandatory requirement. You may find this link interesting.


http://england.shelter.org.uk/get_advice/tenancy_deposits/tenancy_deposit_protection_schemes/tenancy_deposit_protection_schemes


Scroll down to the section dealing with your right to seek compensation from your landlord for failing to put a deposit in a scheme. This may be something else you want to consider drawing the landlord’s attention to.


If you do not have any luck getting your deposit back voluntarily then you will need to issue a claim in the small claims court to get it back. If you do this don’t forget to include a claim for failure to put the deposit in a scheme.


This link will take you to the government site for making money claims.


If it turns out there is a deposit guarantee scheme involved then there will be dispute resolution process within the scheme.


I hope this answer is helpful but please feel free to ask further questions.


LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 800
Experience: Solicitor with over 15 years experience.
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