House rental deposit returns

[the whistler]

A relative of mine has recently moved on from a house she has rented for almost three years. A few days before she left, the landlord went round the house and they did a joint inspection to check that everything was in order, and apart from one minor item of damage, all was ok. However a few days after she moved out, she received a phone call from the landlord saying that he had checked again by himself and found around half a dozen issues which he thought needed attention and he was therefore not returning her deposit.

She asked him for a list of the items and eventually these arrived with estimates for some of the work and invoices for items he had already repaired.

She is disputing all of these and insisting that he returns the deposit, but so far he has refused.

I have suggested that the only way she will get her money back now is by taking legal action, but she can't afford to engage a solicitor.

The problem as I see it is that its very much his word aginst hers and I wonder if she did take legal action what would be the chances of getting her deposit back. Of course if she lost the case, she would lose the deposit and also face legal fees.

I wonder if she should just write it off and forget about it.

Anyone had any experiences with this sort of problem? Any advice would be appreciated.

[Beetlejuice]

Originally Posted by the whistler

A relative of mine has recently moved on from a house she has rented for almost three years. A few days before she left, the landlord went round the house and they did a joint inspection to check that everything was in order, and apart from one minor item of damage, all was ok. However a few days after she moved out, she received a phone call from the landlord saying that he had checked again by himself and found around half a dozen issues which he thought needed attention and he was therefore not returning her deposit.

She asked him for a list of the items and eventually these arrived with estimates for some of the work and invoices for items he had already repaired.

She is disputing all of these and insisting that he returns the deposit, but so far he has refused.

I have suggested that the only way she will get her money back now is by taking legal action, but she can't afford to engage a solicitor.

The problem as I see it is that its very much his word aginst hers and I wonder if she did take legal action what would be the chances of getting her deposit back. Of course if she lost the case, she would lose the deposit and also face legal fees.

I wonder if she should just write it off and forget about it.

Anyone had any experiences with this sort of problem? Any advice would be appreciated.

You could tell her to speak with her local council. My brother was in a very similar situation last year (Landloard decided that repairs needed doing after he had already given the OK and my brother had moved out). Upon recommendation from my better halfs Mam (who works for a council) he went to speak with his council. They chased it up for him, and although it took a while (6 months+) they eventually got his deposit back.

Might not work depending on the circumstances, but got to be worth a try

[Shoka]

Don't landlords have to pay this into an account that the money can only be released after both parties sign documentation, after that point it is released to the correct person. Or has this come in after you relative moved in?

[Richard Torble]

She should NOT write it off. This guy is trying it on.

There are new laws relating to the return of deposits and the accepted timeframe for the money to be returned, it's very much in the favour of the tenants. They were brought in to prevent this kind of thing happening. I would speak to the housing department at the council asap.

Very best of luck, this kind of thing really gets to me.

[Richard Torble]

Originally Posted by the whistler

She asked him for a list of the items and eventually these arrived with estimates for some of the work and invoices for items he had already repaired.

This may work against him in the event of an official dispute. He has taken it on himself to have the 'work' done without any prior agreement from both parties that there was actually any work in the first place.

[Razor]

Was there not an inventory made for check in and checking out of the property? This is very important. The landlord has a right to receive the property back in the same condition minus fair wear and tear. They also have the right to attend to the repairs as quickly as possible as time means money and loss of rent. The tenant has time to make sure that the property is handed back in the same condition as it was given to them before their tenancy has ended. If they dont do this then the landlord has the right to fix these issues as fastly as possible and without the ex tenants permission or go ahead.

I have been renting out property for over 10 years now and I love nothing more than to give back the full deposit as it means my property has been looked after and should be fit for rental immediately with no hassle of having stuff repaired or replaced.

What has this landlord claimed your relative has damaged?

[Razor]

Originally Posted by Richard Torble

She should NOT write it off. This guy is trying it on.

There are new laws relating to the return of deposits and the accepted timeframe for the money to be returned, it's very much in the favour of the tenants. They were brought in to prevent this kind of thing happening. I would speak to the housing department at the council asap.

Very best of luck, this kind of thing really gets to me.

Landlords can register to be certified to hold these monies and not pass it onto a holding company. A lot of multiple property landlords (ie full time landlords) are certified or are looking to get certified for holding their own deposit money.

IMO the landlord gets a bit of a hard time but I do understand there are some horrible landlords which give the profession a bad name.

[Sonic67]

Small claims court?

[jrh_james]

Be sure to give HMRC a ring and ask them to check that he's been paying tax on his rental income

http://www.taxevasionhotline.co.uk/

[Pont]

This is the new scheme starting from April 2007. I know it doesnt apply to you but there maybe some info to help you.

http://www.direct.gov.uk/en/TenancyDeposit/index.htm

[Jenn]

If no inventory was done when she moved in then the landlord as next to 0 chance of keeping the deposit as he cannot prove the state of the property at the start (the inventory needs to be signed by the tenant).

If there was an inventory and your relative is questionning the outcome she can go through small claims court (Money Claim Online) and state her case. It doesn't cost the earth and she doesn't need a solicitor.