Landlord Witholding Deposit

[Sproutstick]

I am hoping that someone will be able to advise me on this, as it is seriously stressing me out!  I am currently 13 weeks pregnant and the worry is driving me to distraction!

 

My partner and myself took out a 6 month tenancy on a property and put down one months' rent up front and �700 deposit.  After being in the property for 8 months we decided to move (as we have relocated to another area), so handed our notice in to the estate agent who was managing our property on the landlord's behalf. 

 

The estate agent had carried out an inspcetionof the property after we had been living there for 3 months and stated that she was delighted with the order in which we had kept the premises.  After we had handed our notice in we were told that another inspection would be carried out (as we expected), but that this would just be a formality, as we had kept the property in excellent condition for the duration of the tenancy.

 

The day of the move arrived, and the estate came round to view the property.  We had totally emptied the house of our possessions and had spent 2 days (taken time off work to do this) cleaning the house from top to bottom.  Obviously, we thought that the estate agent would be overjoyed with the condition of the house, as it was exactly as we had found it. (Cont.... underneath) - i'm sorry this is so long!!

[Sproutstick]

The estate agent went round the property and criticised virtually everything (except the sofa which she never even mentioned).  She put her hand inside the oven and said "Have you even cleaned this?", to which I responded "of course!" and she asked me what I had cleaned it with.  I told her that I used oven cleaner but she said that it wasn't good enough - I must add that the oven WAS absolutely spotless.  She criticised us on a number of other minor issues and then threatened that she might have to get someone in to professionally clean the place and would have to charge us if that was the case.  This became all too much for me and I burst into tears (pathetic I know, but my hormones were in a bit of a mess due to being pregnant) - she just ignored this.

We left the house without signing anything at all to say that we had left it in a certain condition and went on our way.  The estate agent said that she would be in touch after having spoken to the landlady who also wanted to inspect the property.  I didn't sleep that night and cried all the way down the motorway to our new house.
 
A few days later we recieved a 'phone call from the estate agent accusing us of making scratches all over the sofa which was in our front room.  The estate agent didn't mention anything at all about the sofa to us at either the 3 month check OR the moving out day.  She has now told us that they are going to take �200 off us for an upholsterer to come in and fix the sofa!!!  We haven't even got the �500 yet and it has already been 2 weeks since we left the house.  We have said that we have nothing to do with these so called scratches but they are still taking this money from us.
 
What shall we do??????  I feel as though we have been deliberately conned and I just don't know what we can do about it!  Please, please help!!!

[willow74]

This is quite a good website offering advice on what channels to take.  The main points are

1. would the so call scratches be classed as reasonable wear and tear.  if you feel they are then you have a case against them.

2.  If they want to use your �200 they need to submit you with an invoice and receipt for the repairs undertaken.  They need to justify it to you and account for the exact money.

Dont stress yourself out too much with this all. You will sort it out.

http://www.arts.ac.uk/housing/6177.htm

[Lillabet]

Ok, this isn't an easy one. For future reference it is always worth getting a full inventory before you move in. Also go round each room and make a note of any damage that you find to furniture / walls anything. Give a copy to your landlord and keep one for yourself. Do the same when leaving ideally with the landlord or his / her agent. Anything you disagree on make a note that you disagree. If possible even take photos - they say the oven is filthy - take a photo to show that it isn't etc.

Ask your landlord to state exactly what s/he is withholding your deposit for, and provide receipts and copies of estimates for any repair work. Your landlord can only keep some or all of your deposit if they have suffered a financial loss. They cannot withhold it for other reasons. If you don't agree with your landlord withholding your deposit, or with the amount they have withheld ask them for a detailed list of what amounts they are keeping back and why.

If you can't come to an agreement with your landlord, then you could take court action to recover your deposit. The case will be heard in the county court, often known as the small claims court. You can get the forms from your local county court or an advice centre like a Citizens Advice Bureau. You can also submit a claim online at the Court Service website.

Basically go to Citizens Advice as soon as possible. If they are being as unreasonable as you say then you need someone able to put pressure on on your side. The threat of being taken to court and any attendant publicity might produce the result you want.

Sorry though. I can't see this being fast, straightforward or stress free. Best of luck.

[Dom Tuk]

I am afraid this is an old trick in the book for unscrupolous estate agents to make a quick buck from someone elses deposit. We were in a very similar situation and had cleaned the house thoruoughly but the gaent said that the oven and grill was dirty (they seem to go for this). When i angrily questioned this the agent (who was a darling until then) said that there was a sausage left under the grill ( a blatant lie). the cleaning bill for the grill and oven was put at �120. I wrote a letter asking for the invoice for the cleaning, and for my sausage back or else i will go to the court. I got a mark and spencers coupon for �5 to cover the sausage........ next day i spat at his glass fronted agency window.........(i was a young man then) 

[jackie0]

Yeap, you certainly must threaten them big time.  Ask for the invoice of the work carried out too!  Ask for a letter from the landlord confirming these scratches with proper descriptions of what tehy are - as they weren't there before you left the house.

[erimus1]

This is a bit of a trick that is commonly used - for future reference - use a video or a camera to record everything. I take it there was an itinerary?? - I would request (in writing) the full �700 within 7 days. If this does not happen, take them to court - money claim online - As they have not told you og theses charges in writing, the court will not look favourably on this - they know all about these unscrupules firms that try and make money off these deposits. One tried it with me, so I baffled tem with legal terms and they paid up.
Good luck