Bond Dispute

[daz990]

Hi,

 

I have just moved from one rented property to another and just tried to claim back my bond from the deposit protection scheme. My old landlord has disputed the amount and although has not given any exact figures (14 days have passed) she is looking to keep all my £500 bond.

 

Her reasons are for redecoration and Proffesional cleaning of house and carpets.

 

I dispute this because I belive that the house is in a decent condition accounting for general wear and tear, barring the odd furniture mark on magnolia walls. The only thing I would agree with is a small mark on a bedroom carpet of nail polish close to the skirting about 5cm in diameter,

 

The issue I have is I tried the ADR route through the deposit protection scheme to which she declined. I seem to have no choice but court action to which I am reluctant to take as I don't want to be lumbered with huge legal costs.

 

When I took over the property there was never an inventory completed and on doing some research it seems this could be a problem for the landlord?

 

I would appreciate any advice from anybody.

 

Kind regards

 

Daz

[Snorkerz]

How long were you in the property, and was the decor/carpets new when you arrived?

 

Landlord has the right to decline ADR.

 

Court is not going to involve huge legal fees - so long as your deposit is less than £5k it will be dealt with in small claims and is totally DIYable.

With no invenory, the landlord will have great difficulty convincing a judge of the condition of the place when you moved in. Without that info, the judge can not decide how much damage (wear and tear or otherwise) you have done. Basic legal stance is that the deposit is yours unless the landlord can prove he is entitled to some of it.

 

TBH, if the marked carpet was more than 5 years old when you left, even that is probably not a valid claim. On the day, ask the judge if he will include an order to the deposit scheme to refund the deposit directly to you - it will make getting it back easier.

 

There are court costs - but anything you pay is added to the claim so the landlord ends up reimbursing you if you win. You can find court costs by googlng EX50. If you are on certain benefits, costs can be waived - google EX160a.

 

You can get a book from your local library or Amazon on the small claims process - it would be a useful read. This may also help: http://tenancyanswers.ucoz.com/index/court_information/0-53

[daz990]

Thanks.for the reply. I was in two years and there was a tennant in before me for about 3 months from the house being built. The house was in decent order but in my opinion still is. Problem I have is I did not envisage any hassle so did not take any photographs.

[Snorkerz]

The lack of photos is not your problem. The onus of proof is on the landlord. As the property was only 3 months old at the time you took up residency, he may be able to convince a judge that there is some damage beyond wear and tear - but he has no way of proving how clean the place was unless he has a receipt for professional cleaning immediately before you moved in. In the case of the carpet, if a judge accepts that it was in good condition at the start of the tenancy, he may decide that that is a repairable mark - cost iro £40 to fix. On the other hand, he may agree with the landlord that it warrants the whole carpet being replaced - BUT - even in that scenario, you would not be liable for the full cost of the carpet replacement, maybe 50%.

[daz990]

Update:

 

The land lord has now responded to us and has basically said they are seeking the whole bond so I am now looking at court action to get it back. They state a paragraph in the tenancy agreement (a standard generic agreement) which states

 

"THE TENANT shall use the premises in a proper and tenant-like manner and shall not allow the premises or any items in the inventory, through any action or neglect by the Tenant or by that of any person authorized to reside in the premises, to deteriorate or be damage and in particular shall:

(a) keep the premises in a good decorative order internally and at least up to the standard of decoration found when the Tenant took possession and carry out redecoration if necessary, in a good and workmanlike manner and witb the colours and materials being first approved in writing by the Landlord or his Agent."

 

2 points i have noticed here are that they state "items in the inventory". There was no inventory so therefore is this even worth the paper it's writtten on??

 

also knowhere is it mentioned about general wear and tear to the property it is as if she has no intention of taking this into consideration.

 

I am contemplating an online money claim is this the righ path and if so can anyone talk me through the process.

 

Thanks in advance.

[Snorkerz]

It is the right process - the priniple of 'wear and tear' will overide the contracts requirement to keep the place in the same condition as when you moved in. With no inventory it willbe a straightforward claim anyway - how will he prove you have not kept it in the same condition if he can't prove the starting condition?

 

The court process isn't complex, but it would not harm to read a book from the library or Amazon on the small claims process - probably cost you around £15 but would be a good investment.

 

There will be court fees - but assuming you win, the amount will be added to how much the landlord owes you.

[daz990]

Thanks for the reply, can you reccomend a specific book? also forgot to add when the landlady e-mailed she attached some photos and stated that they were "taken at the time of leaving........." which is untrue as when we did the hand over (quick look round) there was no camera and we never saw any photos been taken. Is this something I should point out in the claim?

[Snorkerz]

I wouldn't like to recommend a book - but mine is by Patricia Pearl.

 

Don't worry about the photos - she will still have to prove the condition at the START of the tenancy before the end of the tenancy becomes relevant. The photos may have been legitimately taken a bit later, but without an inventory, it is probably irrelevant.

[Everett]

Ask the deposit scheme company to put the matter into dispute resolution.

They prefer to do this rather than you go to small claims court.

The good thing about it is, that your Landlord will have to produce all his/hers invoices regarding their claim for fees from your deposit.

[Snorkerz]

Ask the deposit scheme company to put the matter into dispute resolution.

They prefer to do this rather than you go to small claims court.

The good thing about it is, that your Landlord will have to produce all his/hers invoices regarding their claim for fees from your deposit.

Landlord can refuse ADR. Although the dispute service will place more emphasis on invoices for works, there is no legal obligation on a landlord to do the repairs - the actual issue is the value of the damage the tenant has caused, ie the landlords loss.

[daz990]

Thanks for the replies,

 

I offered adr to the landlord and the turned it down straight away.

 

I have since had a short e-mail conversation with them and they said they would now go down adr route but I have decided that the chance of that has gone and I will fight them in court.

 

I have done nothing but read this forum and all links provided for the last week and I'm pretty sure my case is water tight as there is no inventory (in or out) and the only "evidence" she has are photgraphs taken after we moved out, but please someone correct me if they think otherwise.

 

i am planning to send my LBA tomorrow and then submit an online money claim in 14 days. I am slightly confused with the interest though. If they owe me £500 from the 29th July what can i realistically seek back?? (inteerst and costs etc)

 

Thanks in advance again.

 

Darren.

[Snorkerz]

I don't think you can claim any interest.

[daz990]

I don't think you can claim any interest.

 

OK, just saw a box on the claim asking about interest then some formula to work it out and got confused. even if I could I can't imagine it being more than a couple of quid as its only been a few weeks.

[daz990]

something just occured to me:

 

My landlady didn't put my deposit into protection untill right at the end of my tenenacy 20 months roughly. Now from reading here I understand that as I am no longer a tennant I cannot claim for 3x the amount but could I use it as a scare tactic??

 

Reading does really help lol

[daz990]

Can anyone help me ouu with a LBA I don't want to mess up the wording I want to highlight the fact that she didn't follow correct procedure and threaten to sue for 3x the bond plus interest (in the hope she pays the bond back out of court)

 

Thanks in advance.

[labrat]

as the deposit was protected you wouldn't be able to claim for 3x deposit

 

unfortunately it doesn't matter when the deposit was protected just that it HAS been protected, there has been cases of landlords protecting it after the end of tenancy and winning

[Snorkerz]

Threatening unrealistic legal action could weaken your situation as it will give the agent/landlord the impression that you don't know what yo are talking about.

 

letter before action

 

Dear Mr XXXXXXXX

 

RE: 123 High Street, Anytown, AT1 2AA

 

On the XXX of XXX 20XX I/We paid you a tenancy deposit of £XXX in respect of the above property.

 

The tenancy is now over and I require the return of this deposit.

You must refund my/our deposit IN FULL within 14 days. If you fail to do so, I/we shall sue you for the balance due plus court fees and allowable costs.

 

Yours sincerely

[daz990]

Ok thanks for the advice guys here is the letter I was going to send:

 

Dear XXX XXXXX

 

re: XXXXXXXXXXXXXXXXXX

 

I am the former tenant of the above property. My assured shorthold tenancy agreement is dated 29th August 2009

 

On 29th August 2009 I paid you a deposit of £500 as security against my obligations in the tenancy agreement. Since then I believe you have not met the initial requirements of an authorised tenancy deposit protection as stated in the housing Act 2004.

 

If you look at section 213 (3) of the housing act 2004 (attached) It clearly states that upon reciept of the deposit it MUST be placed in a protection scheme within 14 days of receipt of it. In this case the deposit was recieved on 29th August 2009 and Placed in a scheme on 13th June 2011 this is a total of 653 days.

 

If you now look at section 214 (1) (a) It states that If a deposit has been paid then an application to the county court can be made on the grounds of non compliance to section 213 (3). If you look at section 214 (3) it states the court MUST order the deposit to be repaid and section 214 (4) states the court MUST in addition order the landlord to pay 3 x the sum.

 

In the circumstances, I am entitled to claim for the sum of the initial deposit at £500 plus 3 x that sum bringing the total to £2000 along with the courts designated rate of interest (8%) on the money owed from the date the non compliance began (12th September 2009) this would bring the total to £2284.49

 

I am however willing to forgo this claim in the event of you allowing me to claim the full amount of £500 via the deposit protection scheme.

 

If I do not hear from you within 7 days, with satisfactory evidence that you have complied with the obligations which the law imposes on you, I may begin legal proceedings to recover my deposit without further recourse to you.

 

 

As much as I would love to send this to make her think. I have taken your advice and sent the suggested one.

 

 

Now I await the arrival of my small claims book and begin building my case as I know full well she will not return the bond.

 

Thanks guys

[daz990]

Update:

 

Filed online money claim after LTA sent.

 

LL has since tried to instigate ADR after already declining my attermpt. I have duly declined and recieved a letter from LL saying basically she will defend herself in court by using Qoutes for work completed and also quoting tenancy agreement where it says I have to hand property back same as when I took it (there is no mention of wear and tear in there)

 

Could someone please confirm to me that she is still going to struggle without the aid of an inventory (which does not exist)

 

Thanks for your help guys.

 

ps

I have my small claims book, good informative book but would be great if i had one aimed a tenancy disagreements.

[daz990]

Just to add to that, does anyone have a case i can reference where there was no inventory present hence the ruling against the landlord. Would be an interesting read.

 

Thanks again.

[daz990]

Hello again guy's,

 

Just recieved my Allocation questionaire. I am after some advice on filling it out.

 

Any help would be greatly appreciated.

 

Thanks

[Snorkerz]

Any questions in particular?

 

Your claim (without counterclaim?) is quite simple, so for the 'time' section 30 mins to an hour should be sufficient.

[daz990]

Thanks for the reply, In the questionaire do i state my defence or is it just purely a formality to put it on small claims track.

 

Also the ll is stating that because it states in the TA that the house has to be handed back as it was recieved . Does wear and tear have to be taken into consideration even though it it not mentioned?

 

Thanks again.

[Snorkerz]

If your landlord has counterclaimed you must submit a defence that covers every point he has raised. If you don't mention it (even to simply deny it) then the court will assume you accept it. This is not done on the allocation questionaire.

 

The judge is likely to accept that the contract clause does not cover fair wear and tear.

 

Get a book

 

In The XX County Court

Claim XX123456

Between: Daz990 (Claimant)

and: Lairy Landlrd (Defendant)

 

Defence to counterclaim

 

Blah Blah xxxxxxxxxxxxxxx

xxxxxxxxxxxxx

xxxxxxxxxxxxxxx

 

I believe that the facts stated in this defence to counterclaim are true.

 

Signed: Daz990

Dated this xx th day of September 2011

Edited September 15, 2011 by Snorkerz

[daz990]

Hi thanks, no counter claim submitted. I got a book but think its slightly out of date. So I guess I'll wait till I'm asked to submit evidence then.