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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My daughter privately rented a property years and has

Resolved Question:

My daughter privately rented a property for 4 years and has just moved out into a housing association property. The house was cleaned to a high standard and on the day of the lease finishing, a representative from the agency visited the property to do an exit visit for any problems and to receive the keys back. There was no problem identified other than carpet wear which had been agreed directly with the owners wasn't a problem as she was leaving vertical blinds up for their use, at the exit visit and the keys handed over. An exit survey was completed with the carpet wear on it only and my daughter signed it to confirm and a copy was to be sent to her in the post but as yet, no copy has been received. My daughter has chased for the return of her bond as she still hasn't received it, at least 2 weeks after handing in the keys. They now claim that after my daughter and the agent had left the property, the owner entered the house and noticed a broken box on the kitchen wall. She reported this to the agents who have since got their own electrician in but at my daughter's cost. She doesn't know yet how much and they are saying she will not get her bond back until it has been completed and she doesn't know how much they are going to charge her for the repair. They have not given her the option of getting anything fixed.  Can they do this? They have no evidence that it was done when my daughter was there and didn't identify it in the exit survey. I look forward to hearing from you Sandra

Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
How much is the bond please? Just confirm the carpet was wear and tear rather than negligent damage?
Customer: replied 2 years ago.

Hi Alex

The bond was £800 and the carpet was an iron mark and normal wear and tear with 4 children. It hadn't been changed in the 4 years of being a tenant. However, my daughter had the owner in to look prior to moving and they said that wasn't a problem and she said she would leave the vertical blinds instead.

Sandra

Expert:  Ash replied 2 years ago.
If its wear and tear it can't be claimed and indeed if there were inspections and it was not previously raised they can't claim it now.
You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
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 claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.
Can I clarify anything for you about this today please?
Customer: replied 2 years ago.

Hi Alex

Thank you for your quick response but could you confirm for me if they can they stop her bond repayment for a box that wasn't identified on the exit survey when my daughter signed for it?

Expert:  Ash replied 2 years ago.
No they can't. They had an inspection and it was not picked up, that is not your daughters fault.
Does that help?
Alex
Customer: replied 2 years ago.

It does answer my question and many thanks for your help Alex. You have put my mind at rest a lot.

Take Care

Sandra

Expert:  Ash replied 2 years ago.
Happy to help Sandra
If this answers your question could I invite you rate my answer before you leave today.
If the system won’t let you please click reply.
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Expert:  Ash replied 2 years ago.
Hi

I am just following up to see if there is anything else I can help with?

If you have not done so already might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex