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Old 29-05-2009, 01:38 PM
neill1999 neill1999 is offline
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Default Landlord not refunding deposit

Its been a while since i posted on here am hoping you good people can help me once again in regards to my ex tight fisted landlord.

I am after some advice, i am thinking about taking my old landlord to court as we have recently moved out of a property we were renting for 5 years. After the final inspection the landlord is going to take the following from our 650 security deposit.

1. 55 for a broken hinge on a small fridge with a icebox this was put in 4 years ago and i have just looked it up it cost around 99 new back then and i have found the replacment part online for 9.99

2. 51 to repair the lounge wooden floor (which i put down and paid for two years ago due to the original carpet being very old) So i feel he cannot charge me for this only for cost of original carpet and as that would now be over 10 years old surley this would be neglible. (Surley if the land lord had paid this 51 out of his own pocket he would have still gained a nice wooden floor for 51 so he would be better off.

3.86.25 to replace a bathroom window (it is in my contract to replace broken windows) this is a small window i.e like a window with 4 panes so it is only one pane that needs replacing. (I would be happy to pay this as it would show the court willing on my part)

4.50 for the cooker, this is around 4 years old and due to the age of the kitchen units being over 20 years old and falling apart, the door of the overhead unit fell off and made two small dents on the top/side of cooker i.e took the paint of the white part, in my opion this could easily be painted with enamel paint costing less than 5.

5. 276 to replace doors.The internal kitchen door and a bedroom door have very small holes in the bottom about the size of a ironing board leg ( which i admit was caused through accidental on our part).These are the original doors from when house was built i.e 25 years old. One of the doors on the iventory states it is tarnished this was 5 years ago. I have informed the landlord that i am happy to pay 20% towards this again it would show willing in court.

6. 25 towards replacing kitchen lino which on inventory was in fair condition when we moved in and i believe was the original lino so 20+ years old. Furthermore when the landlord put the new cooker he made two big scratches on it.

7. 97.55 to fill a hole in front of hose and repaint the rendering where we removed the sky dish. (We had already filled the hole and i have photos to prive this, however we havnot painted it) To be honest the whole of the front of the property needs painting.

8. 44.88 Engineers charge to remove a sock from washing machine pump back some in oct last year. ( Bearing in mind we moved out last month)

so all in all of our 650 deposit we are not going to see a penny.

We have kept the house in excellent condotion even replacing the bathroom carpet after the toilet had a leak which again we paid for the carpet to be replaced. My wife is a clean freak so took pride in keeping the house in good condotion even though the landlord had spent no money on keeping it modern. The windows always had condonsation we had to keep a towel on windowsill to mop up water.
Also we repainted the hall, landing, Stairs, kitchen and lounge before we moved out just to brighten the place up as it had not seen any paint for countless years.

Where do i stand if i was to take this to court point by point if anyone can help me. And what if any could i claim as betterment the door being my biggest concern.
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Old 29-05-2009, 01:49 PM
neill1999 neill1999 is offline
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Sorry got a bit carried away writing that forgot to say hello and how is everyone hope you are all keeping well. Also could someone look at my account as i keep having to log in every time i want to post something, Thank You
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Old 29-05-2009, 03:00 PM
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danson79 danson79 is offline
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Hi Neill,

When was you tenancy last renewed? Around two years ago it became law for deposits to be put into an independent account where the landlord couldn't help himself to it. If your tenancy was renewed around or after this time and the this wasn't actioned, the landlord would have broken the law and you would be liable for compensation...
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Old 29-05-2009, 03:07 PM
neill1999 neill1999 is offline
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Tenancy commenced in march 2004 and was renewed in sept 04 and also march 05 from that point it became a perodic tenancy so unfortnatly the TDS does not apply to me.
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Old 29-05-2009, 05:46 PM
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Hi Neill.

I believe there is a member who is actually going to court for the same sort of thing.

I will flag this thread to them, i'm sure they will be able to help
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Old 31-05-2009, 11:36 AM
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Belibaste Belibaste is offline
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Hi Neill

I have been pointed in your direction by Jster

I am in a similar situation to you (albeit as a Defendant) and have a hearing on Friday to decide some preliminary issues. I have papers to get into the court by Wednesday so, I am really pushed for time until I have got those in but, I would say that you have clearly started to look into betterment and fair wear and tear. You will need to have a well prepared case before you issue papers so, may I suggest that as well as bettement, you also look into the issue of unjust enrichment which may give you another "string to your bow"

Hope that helps for now- I will be able to get back to you on this when this week is over.

Beli
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Old 31-05-2009, 03:21 PM
neill1999 neill1999 is offline
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Cheers Beli
keeping fingers crossed for you and hope it goes your well im sure it will, all the help you can will be gratefull. do you know where i can find act of law which contains betterment and also unjust enrichment.
I know you are pushed for time but i can start reasearching from there until you have more time.

Cheers

Neill
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Old 31-05-2009, 04:01 PM
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Belibaste Belibaste is offline
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Hi Neill

I do have lots of "bits and pieces" of research all over the place which I promise I will try to collate after Friday. In the meantime, if you just google the relevant terms it will give you some of the basics.
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Old 31-05-2009, 06:48 PM
neill1999 neill1999 is offline
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Ok Cheers Beli, will look forward to comparing notes after your case. The reason i came across betterment was research on the ARLA website there is some good examples there. I also read that the court go on a 25% per year depreciation but cant remeber where i read it

Neill
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Old 07-06-2009, 09:13 AM
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Hi Neill

My case has been adjourned for the moment, pending the claimant producing a true and original copy of a document. I can't go into any more detail at the moment but, I hope to be able to do so soon. Suffice it to say that the progress thus far (and it has been significant) has been due to the support and advice received from the team.

Anyway, I have been thinking about your claim this morning and all of the bits and pieces of research I have been doing and I feel that the way to go with this is very similar to bank charges. The OFT view Tenancy Agreements as consumer contracts and accordingly, the UTCCR are applicable. So, here is your first bit of homework

http://www.oft.gov.uk/advice_and_res...onsumer/oft356

Secondly, you can use the common law and common law case law for this. He is only entltled to recoup actual liquidated losses from you. You may want to think along these lines. That the deductions made from the deposit for purported damages are;

i unreasonable;
ii generally disproportionate;
iii. excessive;
iv. unfair;
v. unlawful;
vii exceed any alleged actual loss to the landlord in respect of any alleged breaches of purported contract on the part of the Tenant
viii. not intended to represent or related to any alleged actual loss in respect of any alleged breaches of purported contract on the part of the tenant but instead unduly enrich the Landlord.

The Claimant makes reference inter alia to the following cases in support of this part of his claim

a) Dunlop Pneumatic Tyre Co v New Garages and Motor Co (AC79)
b) Murray vs Leisureplay (EWCA Civ 963)

Also,

The UTCCR
The Common Law
The Office Of Fair Trading Guidance on Tenancy Agreements


Hope that gives you are starting point. The cases will be in the library as will be the UTCCR.

Happy Reading

Beli
xx
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