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View Full Version : Letting Agent refuses to repay our deposit



woady
16-04-2008, 09:57 AM
Hi all!

Forgive me if I've missed this but did a quick search and found nothing.

Heres what I need your help on;

At the beginning of the month my girlfriend and I moved in together. She left her rented house (managed through an agency) on the 4th of April.

On the 5th we went back and cleaned the house the best we could. As we were doing this the landlord came round for a quick look and said that the agency would do a full inspection at a later date. He didnt mention anything about taking any money out of the bond for decorating etc.

Now a few months back when the landlord did an inspection he noticed there was damp in the hall, and that some of the wallpaper had been ripped off by my girlfriends young son. He said he understood this, and would get a builder in to sort out the damp. My girlfriend offered to redecorate if it was going to affect the bond, he said there was no need to.

When he came the day we had moved out we explained that we couldnt cut the grass as it had been too wet the week before we moved out. Again he understood.

Two weeks later, my girlfriend phones the letting agency to ask for the bond, to which they reply he wants £285 for a professional cleaner, a decorator, and a gardner. None of which he mentioned when we were leaving.

The landlord has apparently told the agency that he no longer wants them to manage the property, but wont answer any calls either from us or the agency.

We need this money to pay next months rent on our new house. There have so far been numerous calls to the agency but we are getting nowhere.

Any help guys?

Thanks

Jon from Manchester

Colincbayley
16-04-2008, 10:00 AM
Need a little bit more info in order to give a full reply.


Was there a full inventory when you moved into the property?
Has the LL provided receipts for the works?
When did you move into the property?
Was the deposit protected?

woady
16-04-2008, 10:02 AM
I will have to ask my girlfriend for those things, she lived in the house for 3 years.

I will ask her as soon as I get chance.

He said the decorators were coming in the monday after she left... no receipts so far.

Short of going to find the landlord in person I'm a bit stuck!

jeffrey
16-04-2008, 10:02 AM
When did her tenancy begin? Was her deposit covered by the new rules, in force from 6 April 2007, and duly protected?

Colincbayley
16-04-2008, 10:04 AM
I will have to ask my girlfriend for those things, she lived in the house for 3 years.

I will ask her as soon as I get chance.

He said the decorators were coming in the monday after she left... no receipts so far.

Short of going to find the landlord in person I'm a bit stuck!

Well if it was 3 yrs back, then you are outside the protect of the DPS.
Have you an address for the LL where a summoms may be served?

woady
16-04-2008, 10:08 AM
Gawd knows but I'm stuck with the fact that I have to find £250 for next months rent, on top of other things I have to get sorted, like a phone line.

Colincbayley
16-04-2008, 10:09 AM
I'd leave the phone line for now and worry about the rent ( no point having a phone with no house to put it in! )

woady
16-04-2008, 10:12 AM
Good point.

We can manage it but it would be helpful if we had the money back.

C'est la vie I suppose. Will get back to you with the other bits.

woady
16-04-2008, 10:33 AM
She said there was an inventory when she moved in.

Colincbayley
16-04-2008, 10:39 AM
She said there was an inventory when she moved in.

OK, So I am guessing that the inventory does not detail any of the damage being claimed.

So it is upto you, was the house cleaned to the correct standard, was the wallpaper torn off the wall, should a deduction for the repair of the wallpaper be made due to the damp, Did the LL have to get someone in the mow the lawn?

If you think he is being unfair, then ask him for receipts for the works, then ask him to return the deposit in full.
If he does not, then your only course of action would be via the small claims court. ( I would try to avoid that and just come to some form of agreement with the LL )

Good luck.

woady
16-04-2008, 10:45 AM
Even though he was aware of the things that needed doing but made no mention about us having to pay for any of it when we brought it to his attention?

Colincbayley
16-04-2008, 10:55 AM
I would say so yes! As you have said in your first post, he advised that he was going to get the agent to do a full complete check-out once you had left. He couldn't do the check-out whilst you were still at the property and there may have been other items that come up that he didn't see. Also a check-out by the agent is more impartial.

Sorry if this is not the reply you wanted, just my views.

woady
16-04-2008, 10:56 AM
Thanks for helping.

When he said he'd let the agents to come and look (which they haven't!- he said the house is nothing to do with them now) there was no furniture in the house, just the walls and the fittings, it was all there for him to see.

Looks like I'm going to be £250 quid short this month then... ah well.

Colincbayley
16-04-2008, 10:58 AM
Looks like I'm going to be £250 quid short this month then... ah well.

If you are sure you are in the right, then push it ( Via the courts if need be )
I'm just not too sure you have a strong case.

sorry.

woady
16-04-2008, 11:00 AM
I'll have a read of the original tennancy and inventory when I get home and see what they say.

If we decide to pay up then I will ask for full receipts for the work done to make sure he isnt screwing us over.

bagpuss
17-04-2008, 18:51 PM
From your original posts it sounds like your g/f's LL was telling her not to worry about anything so that he didn't have to get into a row with the two of youknowing that he was going to get the letting agent go in and be the heavy.

I'm not sure how strong a case you have as you got nothing in writing from the LL about the issues you discussed with him. It's this kind of situation that the deposit protection schemes should prevent in the future.

woady
22-04-2008, 11:17 AM
A quick update...

Since the last time I posted we have been in contact with the agency. They still have not heard from the landlord. The last person my girlfriend spoke to at the agency agrees that it is rediculous that it has gone on for so long.

We are going to arrange a free consultation with a solicitor to find out our options.

Luckily, the rent was over paid so we are getting a cheque which will almost cover next months rent.

Will post back with an update.

woady
14-07-2008, 12:18 PM
Right guys!

Since I was on here last the landlord has agreed to pay us back £350 but has now done a runner. He wont answer calls or emails from the letting agency, his business seems to be closed. We have written to him through the agency and to his home address (obtained through the land registry) but refuses to co-operate.

Apparently he has moved house and wants us to route all correspondance through the agency.

Any ideas?