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raistlin

Another Deposit Witheld Question

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Hi All,

Been lurking for a year now, watching and waiting for the HPC. STR at the moment, just moved out of one property and have a problem with getting my deposit back. Easier for me to put in point form:

1. Move out of rental property in Jan - place left spotless, professionally cleaned with receipts etc.

2. Letting agent appoint Independent Inspector for final inspection report.

3. Deposit comes back minus £100 for 'damages' - as 'indicated in final inspection'

4. I storm round to LA's office (in door before they have chance to even read morning post) - demand to see original final inspection report, all original inventory reports(shows marks on walls etc that I spotted on moving in), etc etc

5. Basically I now have certified copies (made the agent sign in front of me that they were true copies of the original) of all documentation that indicates (in Inspectors opinion) that property was left with 'no apparent damage' and in 'good clean condition'.

6. Now in a state of uncontrolable rage I ask the once officious/patronising LA (now squirming/stuttering rabbit) what the *@&*% is going on.

7. Turns out the LA got an invoice from a decorator who decorated the property 10 DAYS AFTER the final inspection at cost of £100. LL told decorator to send the bill to LA who duely paid with £100 of my deposit money - despite knowing the final report came back OK. LA claims had to pay as was instructed to do so by LL.

8. I think I have all the right docs and good reason to sue somebody's a$$ for the money - question is who?

The LA claims that because the Tenancy Agrrement was with LL - which it was (with c/o LA written underneath it) that I have to take the LL to court for the money - which a free legal line confirms.

However, I'm wondering why I shouldn't sue the LA for willingly handing over some of my deposit on a seriously questionable request for money from the LL and his decorator (valid invoice supplid by decorator BTW.

Who do you lot think I should fry in Small Claims (if it comes that far)??

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Guest muttley

The landlord.

The letting agent is only acting on his behalf.Your £100 is in the landlord's pocket,and that's where you have to try to get it back from.

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The landlord.

The letting agent is only acting on his behalf.Your £100 is in the landlord's pocket,and that's where you have to try to get it back from.

Thanks Muttley, thought it was that, just wanted to hear other people confirm it.

I assume the Landlord can't then tell me to 'go sue the decorator' or anything like that?

Been reading your post about your own deposit probelms with interest - good luck in the Small Claims Court

Thanks Muttley, thought it was that, just wanted to hear other people confirm it.

I assume the Landlord can't then tell me to 'go sue the decorator' or anything like that?

Been reading your post about your own deposit probelms with interest - good luck in the Small Claims Court

Also, d'you think I have a good case for getting my money back?

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OK I'll summarise in point form (I wish more posters would put it in points...so much easier to read! :) ):

- Just to confirm what you already know....they have absolutely zero basis whatsoever to take any money from your deposit. The case would be a guaranteed winner for you.

- You have to sue the landlord. You have no contract whatsoever with the LA, his only contract/client is with the LL. So you must sue the LL. Any suit against the LA, regardless what for, is bound to fail. This may seem unfair, not so much in this case but in others where it is quite obvious it is the letting agentsfault, but the landlord can always sue the letting agent for the money.

I would suggest a strongly worded letter to the LL demanding the return of the outstanding monies, and saying you'll go to court otherwise. Then do if they don't.

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Guest muttley

Also, d'you think I have a good case for getting my money back?

It's really a case of can you be bothered.From what you have told us I would say that you will get the full amount back.Remember,the onus is on the LL to prove the damage was beyond reasonable wear and tear (difficult seeing as how the decorator has covered up the evidence)

The landlord is assuming that you don't know your rights and you won't be bothered.

He didn't reckon on you visiting here.

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It's really a case of can you be bothered.From what you have told us I would say that you will get the full amount back.Remember,the onus is on the LL to prove the damage was beyond reasonable wear and tear (difficult seeing as how the decorator has covered up the evidence)

The landlord is assuming that you don't know your rights and you won't be bothered.

He didn't reckon on you visiting here.

Cheers Muttley and MrShed.

I'm even more convinced now - I was 90% there after I saw the Independent Inspectors Report.

Just wanted to make sure I went for the right person.

Won't bore you with too much detail but the LL was 'most unlikeable'. The multi-multi-millionare grandson of a well known Englishman once told us to move our washing line because it spoilt his view as he drove to his substantial property in one of his many expensive cars.

He has loads of properties with the same LA, and the perfect twist is - they've given me all the evidence I need to win the case - I can imagine he's going to thank them awfully for that :lol:

I almost WANT it to go to court - is there something wrong with me ??

I'll keep you posted

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Just incase anybody's interested.

Sent the Letting Agent a letter. Told them I'd gladly take their best landlord to court with all the evidence they'd given me. Also told them I'd report them to OFT.

Got the money back from them - full amount. Thanks for the advice everybody.

I'll post again sometime soon!

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Cheers Guys,

Just thought I'd post the reply as encouragement to any other tenants in the same situation.

Watching all the other similar posts with interest - Good Luck!!

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  • 301 Brexit, House prices and Summer 2020

    1. 1. Including the effects Brexit, where do you think average UK house prices will be relative to now in June 2020?


      • down 5% +
      • down 2.5%
      • Even
      • up 2.5%
      • up 5%



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