Rent deposit - Getting it back

Strzelecki · 03-10-2006, 01:11

On 22nd July this year the contract on our rented house in Stoke-on-Trent ended and we moved out 2 weeks before the termination date. Very glad to have left that area too!
Now we have a slight problem getting our Ãƒâ€šÃ‚Â£335 deposit back. I know it's not a huge amount to some but it is to me! We rented the house via a 'letting agent' called Homesearch (name and shame).
Anyway, to cut a long story short they complained because the weeds in the garden grew a bit in the 2 weeks we left the place empty. I have photo evidence of what it was like when we left. They had no problem with the inspection of the rest of the property. 2 and half months later (!!) we get a Ãƒâ€šÃ‚Â£200 cheque from them, apparently it cost Ãƒâ€šÃ‚Â£135 to do the garden and I never agreed to it.
Now normally I would be reasonable and tell them to take a bit out of the deposit to sort the garden out as we had left early. But I also requested that they should tell me before they do this. They never did.

There is another side to this in that the front bedroom had a serious plaster problem above the main window, you couldn't put any curtains up properly and then never fixed it in the time we were there (1 year) despite repeated requests.

I'm just wondering where to go from here? I have not done anything with the cheque they have just sent me as I think they owe me the full amount, due to the time they took to send anything to me and the fact they hadn't repaired the property while we were there.
Any advice greatly appriciated!

Kliro · 03-10-2006, 01:43

There's not a lot you can do, as if they called a gardener in, they probably took a fair bit in admin costs and the like.

The plaster problem is a little different, but if you rented the house 'as is' without signing a contract saying they would improve the accom then there's not much chance of a recoup, though I'd suggest looking into a small claims court sort of thing.

Sorry to say I'd say your best option is to cash the cheque.

TheNorm · 03-10-2006, 06:52

Quote:

Originally Posted by Kliro

...Sorry to say I'd say your best option is to cash the cheque.

I agree - put it down to experience and move on. Life is too short.

lauzjp · 03-10-2006, 06:57

I think you're lucky that you got anything back of the deposit - almost unheard of by most private renters I know!

aliferste · 03-10-2006, 07:15

Use the small claims court.

http://www.bbc.co.uk/crime/law/smallclaimscourt.shtml

If you are SURE you are in the right, then zap them with that !!

Should be fun as well

Xaccers · 03-10-2006, 09:33

We had a similar situation at uni.
The garage had a window, the frame was rotten and caused the window pane to crack during the winter, the land lord was informed and agreed it was due to the weather.
Come end of year, and suddenly our deposit is down Ãƒâ€šÃ‚Â£90, Ãƒâ€šÃ‚Â£50 for the window which they suddenly claimed was an impact crack, and Ãƒâ€šÃ‚Â£40 for cleaning, even though we left the place spotless.
When we complained, we found out that the university hadn't been into the property to check and just handed over our money.
We asked to see the reciept for the work done, and recieved a note saying:
"The window would be Ãƒâ€šÃ‚Â£50 and the cleaning would be Ãƒâ€šÃ‚Â£40"
Notice the would be's?
When we complained to the university they just weren't interested.
Making up things to keep part or all of the deposit is a ploy by letting agencies/landlords to get an extra couple of quid out of you.
I bet if you were to ask the letting agency for the invoice for the gardener's work, they wouldn't be able to (turn up and demand they pull it out of their files) and would have to delay you while they got a fake one typed up!

Take them to the small claims court, look through the bank charges thread for the forms needed and they'll probably refund you the money before going to court.

TheNorm · 03-10-2006, 09:55

Quote:

Originally Posted by Xaccers

...I bet if you were to ask the letting agency for the invoice for the gardener's work, they wouldn't be able to (turn up and demand they pull it out of their files) and would have to delay you while they got a fake one typed up!

Take them to the small claims court, look through the bank charges thread for the forms needed and they'll probably refund you the money before going to court.

Strzelecki has stated that he left the property two weeks before the termination date, giving the grass plenty of time to grow. I'll bet there is a clause in the contract saying that the property should be left in the condition it was originally handed over, or money to put it right will be taken from the deposit. This is exactly what the agents did. I agree that more than Ãƒâ€šÃ‚Â£100 to mow the lawn seems excessive, but that seems to me to be a different issue. In any case, by the time it comes to court the agency will have produced an invoice, and probably several others from other lets where there have been no complaints. Also, Strzelecki would have to get estimates to show that the sum charged was unreasonable.

I agree the whole thing stinks, but the energy spent chasing Ãƒâ€šÃ‚Â£135 could be better spent earning more than that. Who knows, someday Strzelecki may be a landlord!

Tinky · 03-10-2006, 10:48

I agree with Norm, put it down to experience. Take it from me, even if you issue a summons in the County Court and get judgement for the amount of your claim, there is no guarantee you will get your money back, and you will have given yourself a lot of stress and grief into the bargain, it's just not worth it!

Jules · 03-10-2006, 16:29

It could also end up costing you money if you take it to court and lost. Best cash the cheque and put it behind you.

If you really want to fight this try the CAB and see what advice they give you

Escapee · 03-10-2006, 18:33

My girflfriend and 2 other filipino nurses rented a house for 4 years, anyone knowing filipinos will know they are generally the most spotlessly clean people you will come across.

Apart from one filipino who lived there for a while they were all good tenants, The one bad one had a habit of her cheques bouncing for the rent.
It ended up with my GF being on her own in the house for a couple of months while the landlord was searching for another couple to share. He offered my GF another property sharing with a couple, and she said she would accept if he would give a 6 month instead of 12 month tenancy.

She spent most of her spare time cleaning up after this couple (when not cleaning up after me, so she says) The landlord was constantly around there to argue with the couple and was always asking my GF to keep an eye on things. The landlord knew exactly what my GF was like because she had been in his other property for nearly 4 years, you could eat of the kitchen floor because she would be disinfecting and cleaning every day.

When her 6 month tenancy came to an end at the new house, he refused to repay her bond (about Ãƒâ€šÃ‚Â£400-500) He had been trying to get her as a witness because the couple who she was sharing with were taking him to court.

His excuse for my GF not getting her bond was damaged furniture, he knew the couple had damaged it because it was in their room but used it as a leverage to get my GF to act as a witness.

The landlord was a bit old so I couldn't do a lot about it physically, I told my GF to let him know that she would not bother chasing him for it and she would act as a witness for the couple of they needed her. She also informed him that I would be taking action and not to be surprised when it happened.

It certainly cost him more than the bond money he robbed her of.

Strzelecki · 03-10-2006, 19:58

Cheers for the advice, sorry for not replying sooner, long day at work! Thought that was what most people would say, I'm kind of leaning towards cashing the cheque and getting shot of the awful company.
It is very frustrating though as they agreed before we signed the contract the the plastering would be fixed and I noted this on the inventory, which both the letting agents and us signed.
We also left the garden in a better state than it was when me moved in (photos of that as well). We had rented our previous house off them as well but didn't like the area so moved a few miles. Had the same trouble that time as well, they sent us a letter before giving us our full deposit back saying 'there is an old washing machine in the back yard', they replaced it when we moved in and failed to scrap the old one, and also 'there is a bed in the upstairs fron room', yes that is correct, it was in the room when we moved in and the property was let as furnished. In that case I sent them a letter pointing out their stupidity and I got the full deposit back after 2 months.
I may just send a letter again asking for the remaining Ãƒâ€šÃ‚Â£135, except this time they know I'm 250 miles away in Essex and so won't just walk in their door and demand the money.
So the plan is to cash the cheque and then send the letter, you never know, their not very good at wording letter or legal wording so I'll get my lawyer friend to write up a draft. It'll only cost me a pound (recorded delivery) if I don't get any more money out of them.

Jules · 03-10-2006, 20:02

Sounds like a good idea to me, good luck

Kliro · 03-10-2006, 23:11

Quote:

Originally Posted by Escapee

My girflfriend and 2 other filipino nurses rented a house for 4 years, anyone knowing filipinos will know they are generally the most spotlessly clean people you will come across.

Apart from one filipino who lived there for a while they were all good tenants, The one bad one had a habit of her cheques bouncing for the rent.
It ended up with my GF being on her own in the house for a couple of months while the landlord was searching for another couple to share. He offered my GF another property sharing with a couple, and she said she would accept if he would give a 6 month instead of 12 month tenancy.

She spent most of her spare time cleaning up after this couple (when not cleaning up after me, so she says) The landlord was constantly around there to argue with the couple and was always asking my GF to keep an eye on things. The landlord knew exactly what my GF was like because she had been in his other property for nearly 4 years, you could eat of the kitchen floor because she would be disinfecting and cleaning every day.

When her 6 month tenancy came to an end at the new house, he refused to repay her bond (about Ãƒâ€šÃ‚Â£400-500) He had been trying to get her as a witness because the couple who she was sharing with were taking him to court.

His excuse for my GF not getting her bond was damaged furniture, he knew the couple had damaged it because it was in their room but used it as a leverage to get my GF to act as a witness.

The landlord was a bit old so I couldn't do a lot about it physically, I told my GF to let him know that she would not bother chasing him for it and she would act as a witness for the couple of they needed her. She also informed him that I would be taking action and not to be surprised when it happened.

It certainly cost him more than the bond money he robbed her of.

Depending on the landlord, you might have saved yourself a lot of grief there. A lot of landlords are generally in touch with a few big boys for when they get people who refuse to leave/pay rent etc.

My dad's a landlord and he said most landlords he knows are *******s when it comes to handing deposits back and generally keep them for no good reason.

**Matt D** · 03-10-2006, 23:28

Quote:

Originally Posted by aliferste

Use the small claims court.

http://www.bbc.co.uk/crime/law/smallclaimscourt.shtml

If you are SURE you are in the right, then zap them with that !!

Should be fun as well

My ex-housemates & I are taking our former landlord to the County Court (Small Claims Track) for withholding our Ãƒâ€šÃ‚Â£1200 deposit (after he forced us to move out at short-notice after doing major rennovations & turned the house into a freezing building-site).

It's a long, drawn-out, time consuming, & depressing process, and although I want my Ãƒâ€šÃ‚Â£300 back, I'm now wishing we'd never bothered starting the proceedings.

me283 · 03-10-2006, 23:39

Cash the cheque, but send a letter stating that you do not accept it as "full and final settlement". Make sure you send the letter by recorded delivery too. I would also ask for proof that the amount they deducted was the amount they paid, and that their deduction complies with your rental agreement. If you get no reply, write again, threatening legal action if they don't respond, and give them a strict deadline - say, 10 days.

If you claim through the County Court, the issue fee will be Ãƒâ€šÃ‚Â£30 if you are claiming up to Ãƒâ€šÃ‚Â£300. You can also claim interest at 8% per annum. If you lose, no fee back; but if you win, the other party will have to pay your costs.

I would be tempted to do it, providing the landlord doesn't have the backup to support the deduction.