Totally O/T - dispute with my landlord

[harmonyhex]

OK this is completely off topic but trying to post everywhere incase someone has experienced something similar.

I moved out of my rented house at the end of October and have been trying since then to get my bond back from the rental agent. I have been told over and over that the landlord wants work done at the property and have had to wait for a final invoice to be sent to me.

Now after weeks of phone calls and visits to the rental agent's office, they have sent me an invoice for ?1725!

When I started my tenancy I made an agreement that the carpets would be professionally cleaned at the house and for a cleaner to visit as I have a dog but some of the things listed in the invoice are just ridiculous.

Anyone had a similar experience? I don't really know who I should be contacting or what my landlord is entitled to charge me for, but I'm quite sure it is not nearly ?1800 worth of things

[andy at handiwork]

Its very common for landlords to try it on at the end of a tenancy. My daughter had a right job getting her deposit back from the shyster she had the misfortune to rent from for a year at uni, though after the nightmare the year had been due to his own hopeless mismanagement he didn't try the extras con. I would suggest you try Citizens Advice, though they are terribly over-stretched these days for obvious reasons.

[Mr Jones]

If the deposit was taken after 6th April 2007 it must be lodged with an approved scheme who will act as arbitrator for the dispute. If this applies ask for details of the scheme used and the bond reference number.

The landlord is unlikely to sue you for the amount involved so it is more a case of deciding to follow the deposit procedure to get your money back. The people that operate the scheme will tell you the rules for referring the dispute to them.

Some letting agencies turn fleecing tenants into a cottage industry. Ask your landlord if he knows about the claim the agency is making on his behalf and that they are refusing to return the deposit.

If the deposit was not registered when it should have been I believe there is a penalty for the landlord to pay of 3 times the amount of the deposit. I am not sure how to put that into practice. If it is a case of Court proceedings then you will have to decide if you want to bother of not. If you do, you might as well sue for the deposit back at the same time.

If, and only if, you agreed to clean them in contract you might want to make an offer for what you agree they can deduct for cleaning the carpets. Work out the amount by phoning a company that does it. If the contract says nothing then put your offer in a letter marked ?without prejudice save as to costs? at the top and say in the letter that the offer is to settle ?all claims relating to the tenancy agreement and occupation of the property? and that it holds good if and only if the balance of the deposit is paid within 7 days. If they accept the deal then you won?t be able to go down the route of seeking a penalty for failing to register the deposit as will settle that as well. If you think anything else in the invoice is a fair cop it would be wise to offer a cost for that in the offer letter as well.

If the deposit should have been lodged with a scheme but was not then your bargaining position is a lot better and I would say that you should offer this deal - if they give you all your money back and drop their claims you will not pursue the claim for a penalty for failing to lodge the deposit. And then quit while you are ahead.

See more information at :

http://www.direct.gov.uk/en/HomeAndComm ... /DG_189120

[Arginald Valleywater]

Try your local community law centre, they are always good at dealing with housing issues.

[Mr Jones]

I should calrify what I said about an offer for cleaning the carpets.

If you agreed to do it then you are bang to rights on it. Hence you might as well put your offer in an ordinary letter.

If you did not expressly agree it then it is a matter of debate. Did they actually need cleaning or not ? Where something is a matter of debate it is better not to make a open offer, which might look like an admission, but head it up 'without prejudice save as to costs'. In general terms (but there are execptions) a letter marked in this way cannot be used as evidence of an admission.

Generally speaking, there is a lot to be said for making a small concession if it opens the door to getting most of the money back without too much more fuss.

[James not Bond]

Contact the Deposit Protection Scheme as Mr Jones advises. You should have recieved a letter from them with the reference number on it, if you did not there is a good chance that the money was not deposited and you are entitled to 3x the deposit you paid back.

If you are in Derby you should also contact the Derbyshire Housing Aid, they hate us landlords with a passion.

[we8derby]

dont pay the robbing twat harmony!

[jimslip]

Read this it might be relevant.



If you handed that deposit over after 6th April 2007, I presume that the landlord has broken the law by NOT putting the money in escrow.

They are all cheating bastards!

[Lizard]

There's some guff on private Landlords here Hexy, I couldn't be arsed reading through it all chuck, but it may be of some use to you..

[Mr Jones]

The method of enforcement about the deposit scheme is indeed the County Court. It can order the deposit to be repaid or paid into an approved scheme.

In the same application you can claim the penalty of three time the deposit if it has not been lodged in an approved scheme yet. As of 11 November 2010, by majority (one judge dissenting), the Court of Appeal ruled that if a landlord has paid the deposit into an approved scheme by the time of the hearing of the tenant's claim, he will escape the penalty of three times the deposit. However, it could still be applied for in case the landlord is not aware and does nothing.