deposit on rented flat

[Iz66]

I seem to be having difficulty in getting my deposit back from the agent who rented a flat to me. i have now been waiting over a month for the deposit to be returned. The landlady who owned the flat just got a very basic infantry done on the flat, the firm who did the infantry has inspected the flat and has given the report to the agent whith nothing on the report that i had to pay for. Meanwhile the landlady who owns the flat is saying there are things in the flat that have to be paid for eg, wear and tear etc. The letting agent wont give me my deposit back untill the landlady tells them how much i owe and finally releasesthe money to me. It has now been well over a month and still i seem to be no further in getting what money i am owed.

In my eyes, the infantry has been done and passed with no damage or wear and tear. I feel it is wrong that the land lady can claim any money from me and also surely its not right that the agent can keep this money from me.

If anyone has any advise i would be most grateful

Thanks :-)

[stanleyman]

I hope you mean inventory, there would be a lot of wear and tear with all those soldiers running around!

If you are dealing with the letting agents who I assume took your deposit and they have cleared the property then the landlord can't have a second swipe at it. Fair wear and tear cannot be charge for anyway.

Threaten the agent with court action unless they return your money within a specific time, e.g 7 days.

[PatriciaH]

Seems like shes trying to pull a fast one. the agent is acting for her obviously. be firm and demand your money back -wear and tear doesnt wash on this issue.tell her agent if you dont get your money back within a week your going to take legal advice, go to your local citizens advice bureau for proper advice though 1z66 -good luck

[Iz66]

hahaha, no, i didnt live with a bunch of soldiers, but would have been quiet nice, worth the wear and tear! hehehe.

yes my next step was the citizens advice people...its so annoying as i have to waste my time on this matter, i was a good tennant and this is what they do! Grrrr

[Buenchico]

A landlord has the right to withhold all or part of a tenant's deposit under the following circumstances:
1. If damage has occurred to the property, furnishings or fittings ;
2. If losses have occurred to the furnishings or fittings ; or
3. If the landlord has to clean the property prior to the next letting.

A landlord can NOT withhold any part of a tenant's deposit for reasonable wear and tear which has occurred during the period of the tenancy.

So (for example), if you're a smoker, the landlord can withhold all or part of the deposit if they have to clean nicotine staining off the walls and ceiling (because this comes under 'cleaning'). They can also retain a deposit if they have to repair or replace a carpet due to cigarette burns (because this comes under 'damage'). They can't, however, withhold money just because the carpet is more worn now than it is when you moved in. (This counts as 'wear and tear' and your rent covered this).

If your landlord refuses to refund your deposit insist on a written statement giving the reasons. (It sounds as if the lady in question might actually be likely to use the words 'wear and tear' which will totally undermine her position if you have to go to court). Then mention that you intend to take the matter to the Small Claims Court. If you still don't get your deposit back, ask your local Citizens' Advice Bureau for help with making that claim through the court procedure.

Chris

[xrayspecs]

Landlords are scum. and so are the agents they employ to manage property. Keep at it and threaten to go to the police as you suspect collusion between landlord and agent to defraud tennants. Plod won't do anything of course but the threat may be enough to sway the situation in your favour

[xrayspecs]

The other thing to remember is that the inventry is a legally binding document as the agents use a third party to carry out the work. The landlady has no say as she has effectively handed over the running of her property to a third party ie. the agents. It's also the agents responsibility to pay back the deposit as it as they who took it in the first place. Any agreement you have is with them, not the landlady. They are stalling by claiming the landlady is kicking off.

[Iz66]

thank you for all your very helpful answers, its been a great help as feel very alone on this matter as im a single mum on own! Not going to let them rip me off!!

[spaced]

if all else fails....find a new gaff and smash the place up before you leave! At least then you get something for the money they stole!