PDA

View Full Version : My previous L still holds my deposit- can I recover it?



lola1
10-11-2009, 11:26 AM
I moved out of my last house 11 months ago. After nearly 2 months of waiting the LL decided to keep all of my deposit. The deposit wasn't protected as we moved in 2006. I was determined to take them to court but had alot going on at the time so put it to one side. I recently found the photos I took when leaving the house and there is no way I should lose my deposit for the reasons they stated.
Is it too late to take them to court & what would my chances be of winning if I have photos? also do they have to provide receipts for the so-called work that was done?
Thanks

Snorkerz
10-11-2009, 11:50 AM
Hi, no it is not too late.
Did you sign an inventory when you moved into and out of the house showing the condition of everything?

If not, you have a very good chance of winning.

Do you have a receipt for the deposit or some other proof?

My understanding is that the deposit is YOUR money, held by the landlord. As such, if he wants to keep your money, he has to prove that it is right to do so. Normally when you go to court to sue for money, the onus is on you to prove that the debt is due, in this case the onus is on the landlord to prove that he can have your money. (I'm not a lawyer - the real legals will be along shortly to confirm/deny)

lola1
10-11-2009, 12:06 PM
No there was no inventory when we moved in or out but I did take alot of pics when I left. They're saying the whole house needed repainting which cost over £1000 to do so but they will charge me half. There is no way it did. The house was immaculate when I left. I left the curtains & shower curtains but they charged me to replace them! They were mine! Originally they said they were keeping the deposit for a completely different reason. I challenged them about it & told them to contact the previous tenants but they said they weren't prepared to do that. I've got a funny feeling they charged them too for the same things as there was paint left when we moved in. Also, I think its strange how my deposit totals the exact same amount for what they charged. Where do you get a shower curtain for £10.16!

thevaliant
10-11-2009, 12:09 PM
If there is no check in inventory the LL would be hard pressed to make any deduction at all.

I suggest a letter before action, demanding return of the deposit in full within one week or else court action will follow.

If no reply/money, then court.

Snorkerz
10-11-2009, 12:12 PM
Okay, LL can not prove if the property was in a worse state when you left than when you moved in.

I agree with thevaliant - LBA then take him to court - don't get bogged down with photos or anything like that in your claim - it is up to HIM to prove that the money is rightly his. When the case gets to court, have your photos and explanations ready but don't use them unless you have to - the simpler things are, the easier it is for the judge.

Remember - it is YOUR money, HE has to PROVE he should be allowed to keep it.

lola1
10-11-2009, 12:27 PM
Thanks for the replies. I wont be telling them of any evidence I have until necessary. If I succeed in proving them wrong for what they have charged me for, they cannot then decide to keep the money for something that is not on the final deduction letter, right? Also, If I didn't succeed, would I then be liable for their legal fees? Sorry for confusion but there was a check in inventory that I did myself & got them to sign a copy. A big chunk of the money is for repainting but I had regular inspections with no problems, unless I scribbled all over the wall on the way out!

thevaliant
10-11-2009, 13:23 PM
So there is a check in inventory (which you did yourself - bad idea). Do they have a copy? If not, don't even bring it up. If so, you'll need your photos afterall.

Just go to LBA and then court if needed.

jta
10-11-2009, 17:32 PM
Thanks for the replies. I wont be telling them of any evidence I have until necessary. !

You are supposed to disclose any evidence you will be using to the other party, if you don't then it may not be admitted in evidence.
It might also stop the case in it's tracks.