not getting £425 deposit back :(

[demon_x_slash]

I I cleaned the flat from top to bottom before I left and left it in what I thought was good condition.

 

You said you have no photographic proof of the condition of the flat when you moved in. What about when you moved out? Did you take pictures to show the general state of the flat? Did you have an inventory taken when you moved in, and an inventory when you moved out?

 

My landlord's deposit return requirements were he needed a receipted copy of my council tax, electricty and phone bills to show the accounts had been settled.

 

 

These have nothing to do with him - utilities and tax are in your name and you are liable, not the landlord, so he shouldn't have been bothered with these.

 

He can only keep enough of my deposit as to reasonably make the repairs required. He can't keep the whole lot just to punish me for leaving a small amount of damage?

 

Of course not. He can only charge to make good damage, and damage that doesn't fall under general wear and tear. For how long did you live in the flat? If they are small dents as you say, then a tub of polyfilla and a dab of paint is all that's needed - but again, it depends on the extent of damage we're talking about.

 

Do I need to be able to prove the floor was like that when I moved in or is it down to him to prove it wasn't like that?

 

If there was no entry or exit inventory then he has to prove that you caused those marks. He can charge you for getting a company in to try and clean it, or £7 an hour for trying to clean it himself - do you know what caused the marks (you said you couldn't get them off)? Do you know how old the lino is? If he tries to charge you for a replacement, he is not allowed betterment - he can only charge you for what the lino is worth at its current stage (not for a brand new replacement).

 

If he keeps my deposit to make repairs, he MUST make the repairs and be able to show me evidence of them, ie an invoice?

 

Yes, he must be able to prove that all deductions are lawful, and for that he needs receipts and invoices, especially if he takes the above route and gets in a cleaning company/replaces flooring. If he does the work himself, there is a rate set by the court that he can work for (as I said, about £7ph).

He must give reasons for each deduction AND, without an entry/exit inventory, proof that the damage was caused during your tenancy.

If you need more info just ask. Nightmare4Banks was on here yesterday, I see - an excellent adviser who will no doubt be able to give you the actual regulations and Acts behind all the above

[demon_x_slash]

Sounds like you're on the right track. Good luck! Let us know how you get on

[demon_x_slash]

I agree - as long as you believe you are right, and you're operating strictly within the law, you should have no reason to put Without Prejudice on a letter. Basically, don't write anything that you wouldn't want a judge to see, and you're in the right mindset

[demon_x_slash]

I'd quite like to see the landlord's letters themselves - however, not for any professional reason, I just like to see idiots trip themselves up If they're too personal, or would inflence your proceedings in any way, don't worry about it; just thought I'd be cheeky and ask

[demon_x_slash]

Oooh, I wish I could have seen his face when he opened it... sorry I didn't reply earlier, the letter looks the absolute model of reason, and that's obviously what the judge will like. £800 for a bit of chipboard, honestly.

On the decorating part - I personally would have allocated him a little more, but I don't know how big your property was; we've got a one bedroom flat, and a fresh coat of paint all over would probably take around three hours - but ours is quite a small flat. I suppose it all depends on how big your place was

Well, you'll hear back from him by the 24th, if you're counting Saturdays.

[demon_x_slash]

Probably crying into his beer 'cos he was saving up for a real brain instead of the straw one he's got...

[demon_x_slash]

Let us know how you get on

[demon_x_slash]

We're still with ya