Screwed out of my deposit...

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  • Cheers. Here's one of the first things it says:

    • Golden Rule: If there is no initial inventory, the landlord has no grounds for withholding the deposit (unless there are rent arrears). This is because the landlord, without an inventory, is unable to prove what the state of the property was at the start of the tenancy. Therefore it is not in your best interest, as tenant, to insist on an initial inventory.

  • Cheers. Here's one of the first things it says: inventory is there to make the landlords case

    Ripper!

  • The trouble with this sort of thing is (and I've seen it from the other side), is that the landlord has your money, he doesn't have to do anything apart from say no, you have to put the effort in to get it back. So he probably doesn't have it, and will make it as difficult as possible to get it back, hoping that at some point you give up.

  • don't let this go horatio. if there was an inventory you would of had to have signed it. get CAB advice first.
    My policy is that unless my landlord is great, I will cancel the last direct debit before I move out, stall 'em for the money throughout the last month then just move out. Too many c*nts in that game.

  • Horatio I would also giving Shelter a quick call (0808 800 4444). They are free and very helpful. In the past months they have helped immensely with issues i've been having with landlords.

  • Didn't get a chance to talk to CAB. Went to the meeting with the original contracts and basically pointed everything out (bathroom had to be repainted before we moved in, therefore, dampness has always been an issue; we had cats, yes, against the contract, but she also failed to fulfil some of the conditions in the lease [including putting it an deposit scheme! Which surprised both the letting agents and her. This was before the law was in place. No idea how that clause got into the lease. Glad it did]; photos of the tiles being broken when we moved in; photos of mould in the bedroom). In the end, got most of our deposit back (basically minus the price of two cheap sofas, which is fine. I owned up to the sofas immediately).

    I was very tempted to not pay the last months before moving out (in fact, I paid it a week late because I was nervous). Was worried I wouldn't get a reference though.

    Anyway, it ended well. I could have probably got it all back (I think the law was on my side, and I think they realized this by the end). But I'm not trying to screw her over, I just didn't want to be screwed over.

  • Sounds like you had the right result, I am happy for you.

  • Well done, Mark. Glad you got it sorted.

  • Cheers guys. Today is a slightly better day than yesterday was. Which is nice.

  • And it's Friday. Winner!

  • This is what I thought. Breach on contract = right to evict.

    Also, I do believe it is illegal to sublet subsidized housing.

    Yeah I wasn't suggesting the deposit was directly linked to the contract, but if as suggested you had sued for the deposit the landlord would have grounds to countersue, and then things aren't set in stone and it's just up to the courts to decide how to balance it out, which as you had breached the contract they would probably decide you were both as bad as each other, rather than coming down conclusively on your side.

    And yes as I said, the subletting was most likely illegal (this would depend on the terms of the contract between the real landlord and your landlord - it's not necessarily guaranteed just because it's subsidised housing but I imagine every council/HA would make sure they had a no subletting clause), but this in no way affects the tenancy created between the real tenant i.e. your landlord and the subtenant i.e. you, it is still wholly binding.

    Anyway, all swell that end swell as I like to say, and I'm glad everything turned out nicely.

  • What you said was "Serves you right." Insinuating that by having cats I deserved to be screwed out of hundreds of pounds.

    But cheers. Hope you've had a nice Friday.

  • You are a dick tho', which he insinuated...

  • I know this is an old thread but rather than making a new one for myself I thought I would add on to this one. I have a question about the grey area of "Normal wear and tear" in the contract in regards to the deposit. Or is this up to the landlord, obviously this hasn't happened yet but it is worrying me and I would like to be prepared in the event of them trying to take money from the deposit. For example, scuffs on the wall seems like normal wear and tear to me but it's not excessive. I don't know some estate agents are real nitpickers....

  • Most stuff is easy to deal with, just to make sure. The one that frequently bugs me is bar and tyre marks on the walls, but a bit of sugar soap will take this right off.

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Screwed out of my deposit...

Posted by Avatar for spagettihoops @spagettihoops

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