I have just moved out of a shared house and the landlord is being funny about giving me my deposit back.

I think this is insane, and there should be some sort of law to prevent landlords keeping people's money!

Since moving into the house, I have decorated 2 rooms (at the landlord's request), cleaned the house from top to bottom and sorted the garden out. I have always paid my rent, and the house looks much better now than when we first moved into it. I have left lampshades and also my partner put extension leads around a large room as there was only 1 power point and it was difficult to plug anything in. This cost £25

I have now had to take out a loan to pay for the deposit on my new place. I just wondered if anyone had any idea about how I can get my money back!

I am thinking of keeping all the keys and taking some of his furniture. Possession is 9/10 of the law

I considered giving the key (with an address tag) to a homeless person when our landlord got arsey on our departure.

You can take them to the small claims court. I think it's £10 for each hundred you're claiming for, but I can't remember. I think the landlord pays your costs if you win.

Wow I didn't know it was that cheap to take someone to small claims. I will certainly consider it!

Just send your landlord an official looking letter outlining your plan for the small claims route. That may cause him to pull his socks up!

The problem with small landlords is, you never know their financial circumstances - so you don't know where your deposit went after you paid it :suspect:

I think this guy is just very greedy. He owns so many houses he loses track.

found out after getting stung twice best bet was to just not pay last months rent and invite landlord round to discuss anything they feel should be paid for.

I have two pals who rent nice houses to students and the state that the properties have been absolutley disgusting doors hanging off, rubbish thrown down the cellar broken fittings,,bills left unpaid.

In future what I would do as a tennant is what one of them is now doing as a landlord and that is go through the house with him and take a video, Sounds a bit extreme but would settle any diputes that may arise.

If you feel that you are in the right the small claims court will only cost about £30.00 up to a£500.00.,you can walk in an complete the summons there and then and when your landlord gets it he'll probably sort it pretty sharpish.

No one in business wants CCJ's.

if you do intend to take the court route, make sure you have documented evidence of trying to resolve it before resorting to court. Court is not supposed to be the first alternative when there is a problem and they will look more favourably on it if you'd tried to resolve things amicably first.

After loosing most of my deposit once I decided to take photo's of the first and last day of any rental I was occupying as evidence. Never done it though as I haven't rented since then.

Do not take anything belonging to your landlord, I know that its tempting but if he gets really nasty and calls the police .They will not be interested as to why the goods have been taken, and you could be in trouble.
The last 2 contributors have given good advice but if you do contact you landlord, set out your argument clearly in writing don't give it to him but post it recorded delivery. and retain the slips for production in court.
Then if you have to go to court he cannot say that he is not aware of your side of the argument

Originally posted by Mickyboy
Do not take anything belonging to your landlord, I know that its tempting but if he gets really nasty and calls the police .They will not be interested as to why the goods have been taken, and you could be in trouble.
The last 2 contributors have given good advice but if you do contact you landlord, set out your argument clearly in writing don't give it to him but post it recorded delivery. and retain the slips for production in court.
Then if you have to go to court he cannot say that he is not aware of your side of the argument

I doubt the police would be interested, it would be a civil matter.

no it would still be counted at theft and the police have to follow up any complaint from the landlord. is never a good move taking the white goods or anthing belonging to house and landlord

We had real stress getting our deposit back last summer. I understand that it can be really upsetting and it's tempting to do stupid stuff - but don't!

Like yours, our lanlord had several properties and was getting mixed up about when things had been decorated or new furniture bought. He accused us of "blatant disregard for his property and possessions", which was a joke since we had been there for four years and he hadn't done any maintanence on the place - including the peeling paint, damp etc that we pointed out on the first day of moving in. Sorry, rant over...

Anyway, unless you have actual evidence (e.g. photos, video from the day you moved in), you are pretty much relying on the two parties behaving in a reasonable manner to resolve it.

All I can advise is to make sure any further correspondance with your landlord is via letter (copied and sent by recorded delivery, as sugegsted above). Politely refuse to speak to him on the phone. Get him to send you a written break down of what he is charging you for and why.

And even if you aren't a student, check out the uni of Sheff's students union pages for helpful advice, example letters and a guide to using the small claims court if it comes to it.

Good luck! :)

What does it say in your tennancy agreement? There should be some mention of the deposit, along with the scenarios when your landlord is not obliged to pay this back. If he's signed this agreement then he's legally bound by it, surely?

Nick

Originally posted by NickB
What does it say in your tennancy agreement? There should be some mention of the deposit, along with the scenarios when your landlord is not obliged to pay this back. If he's signed this agreement then he's legally bound by it, surely?

Nick

you have to take him to court to get that enforced though, and evidence would be required to prove that you haven't done the damage he will claim you've done.

I was under the impression that the landlord has 28 days to pay your bond back (minus any monies for damage and the like), and then you can take legal action.

As someone has said already, you don't know what situation financially your landlord is in. I very much doubt that many landlords but tennants bonds into a savings account and just leave it there.

The sad thing is, is that most of the laws are there to protect the landlord... There is very little protection for us tenants. Although if you check out the citzen's advice website, there is a lot of helpful advice.

Good luck with getting it back... I strongly suspect that in a few weeks time I may be in a similar position to you. Mine is a private landlord, and does not have a scooby doo about anything. She only became a landlord following the death of her husband, and seems to have never bothered to investigate what her obligations are. I doubt she even knows that the bond has to be paid back.

It doesn't help that she also lives some 100 miles away...

Originally posted by carmina
Wow I didn't know it was that cheap to take someone to small claims. I will certainly consider it!

If your small claims court is anything like ours in the States it's a load of bull for the small person, judge says your right landlords wrong, but then it's up to you to get your money, judge washes his hands of the collecting part, just try collecting !

Dunno where you got the 28 days from.Look at your tenancy agreement..
Just do a letter before action and then start proceedings.

You've got lots of advice, but whatever you do, don't give up on it. Pester the guy, send him lots of letters, ring him everyday etc, and he'll give it up. What he is relying on is that you will give up and walk away.

I rent out a house, but I am not a professional lanlord if you like. I do take a deposit, but it goes in an interest generating savings account and the tennant gets the lot when they leave. It is their money after all.

Don't let go of YOUR money!!

sent you pm

As suspected some weeks ago, we're having trouble getting our bond back...

Our landlady doesn't have a clue when it comes to rentals, so now that our tenancy has ended, she is putting it in the hands of an agent.

We left the place spotless, and because of the poor weather and he fact she lives several 100 miles away, a familt friend came over to inspect the property. We left the place spotless, which this friend agreed at the time.

We've just rung the old landlady, and now she is saying that the bond cannot be realised until she has the say so of the agent she has put the property in the hands of!!! Its so frustrating, the contract we had, and the bond, was with her, not some frickin' agent. I even re-iterated this point to her, several times, even before we moved out.

Have just left a message on said agents answer phone, saying that we had agreed that he was nothing to do with us, so I would like him to call me back tomorrow to discuss why he has told her not to realise the bond. I'm so angry. I think I might cry.

You need to know if there is any reason the Landlord is witholding the deposit. If there is no reason and he has simpley "just forgotten" my advice would be to write to him requesting the deposit be returned by a set date.

If you want to push it a little further I would visit http://www.courtservice.gov.uk/mcol/ fill out the paperwork (it's pretty simple) and print it off. Enclose that with the letter telling him that should the deposit not be repaid by such n such a date then you will submit your claim.

I hate to hear of landlords withholding deposits without good reason. I have had to withhold some deposit monies in the past and have always provided written information (detailed) as to why and a full breakdown of the costs.

The Shelter website http://england.shelter.org.uk/home/index.cfm/setcountry/true/ and Sheffield City Council website http://www.sheffield.gov.uk/sys_upl/templates/PT_AZServices/PT_AZServices_details.asp?ServiceID=236&pgid=4191&tid=152 give good advice and the legalities of the issue set out quite clearly. I would recommend reading both. Contacting the Shefield City Council Housing Aid section would be worthwhile also.


Hope you get it sorted

Originally posted by Miss
As suspected some weeks ago, we're having trouble getting our bond back...

Our landlady doesn't have a clue when it comes to rentals, so now that our tenancy has ended, she is putting it in the hands of an agent.

We left the place spotless, and because of the poor weather and he fact she lives several 100 miles away, a familt friend came over to inspect the property. We left the place spotless, which this friend agreed at the time.

We've just rung the old landlady, and now she is saying that the bond cannot be realised until she has the say so of the agent she has put the property in the hands of!!! Its so frustrating, the contract we had, and the bond, was with her, not some frickin' agent. I even re-iterated this point to her, several times, even before we moved out.

Have just left a message on said agents answer phone, saying that we had agreed that he was nothing to do with us, so I would like him to call me back tomorrow to discuss why he has told her not to realise the bond. I'm so angry. I think I might cry.

You are right, Miss your contract is with your Landlady and nothing to do with the new agent. See the links in my other post for lots of helpful information. I would advise writing to her giving her a set period (7 days seems fair) to repay your deposit and inform her you will take whatever action you deem necessary to get your money back. To be frank I wouldn't enter into discussion with the agent as he/she is nothing to do with your tenancy at all. It may be helpful if you have (or could get) something signed by the person who inspected the place saying they felt it was in good condition.

Originally posted by Musey
You are right, Miss your contract is with your Landlady and nothing to do with the new agent. See the links in my other post for lots of helpful information. I would advise writing to her giving her a set period (7 days seems fair) to repay your deposit and inform her you will take whatever action you deem necessary to get your money back. To be frank I wouldn't enter into discussion with the agent as he/she is nothing to do with your tenancy at all. It may be helpful if you have (or could get) something signed by the person who inspected the place saying they felt it was in good condition.

Thanks, Musey, for your help...

Have already set the ball rolling. Will be ringing my ex landlady every other day until we get it, and if I haven't got anything back by next weekend, I think I will try the route you suggested with the small claims court threat!

Thanks again!

It is definately worth sending a letter with the threat of small claims action. A previous landlord of mine witheld my deposit for no reason and was adamant until I sent two letters.

In the end I got back my deposit and the interest accrued on it!(which you have every right to request).

It's in the landlords best interest to be fair to their tenants i think. It's a shame when they're just money grabbing so 'n so's.

Slightly different slant on things but felt I had to reply. I agree there are some dodgy landlords out there but as someone that rents a house out there are also a lot of dodgy tenents out there as well

I rented my house out beginning of last year to a young couple, the first few months rent was late but paid, after a few months they didn't pay, came up with various excuses and reasons, after the next months rent wasn't paid either I went round to see them, the house was a mess they had damaged various bits of the property. I agreed if they paid up and repaired the damage they could stay, and they agreed. Nothing happened so I went through the correct proceedure to end their tenency. They moved out owing over £800 inrent and repairs. They still promised to pay but didn't so I went through the small claims court and after forking out for court fees and almost 12 months down the line have got nowhere, they didn't reply to court letters and after the judge finally issued a judgement for them to pay £5 a week. They still didn't pay and when I rang the courts to find out what happens next I was told because neither of them are working and both now live with parents there is not a lot I can do about it, because they can't issue a attachment to earnings or send the baliffs round,

I know I am ranting but it makes me so mad when all the rights seem to be with the tenant and the landlord hasnt got a leg to stand on.

I shall be a lot more careful who I rent the house to and will not stand for any nonsense or excuses from any further tenents.

Originally posted by valentine
Slightly different slant on things but felt I had to reply. I agree there are some dodgy landlords out there but as someone that rents a house out there are also a lot of dodgy tenents out there as well

I rented my house out beginning of last year to a young couple, the first few months rent was late but paid, after a few months they didn't pay, came up with various excuses and reasons, after the next months rent wasn't paid either I went round to see them, the house was a mess they had damaged various bits of the property. I agreed if they paid up and repaired the damage they could stay, and they agreed. Nothing happened so I went through the correct proceedure to end their tenency. They moved out owing over £800 inrent and repairs. They still promised to pay but didn't so I went through the small claims court and after forking out for court fees and almost 12 months down the line have got nowhere, they didn't reply to court letters and after the judge finally issued a judgement for them to pay £5 a week. They still didn't pay and when I rang the courts to find out what happens next I was told because neither of them are working and both now live with parents there is not a lot I can do about it, because they can't issue a attachment to earnings or send the baliffs round,

I know I am ranting but it makes me so mad when all the rights seem to be with the tenant and the landlord hasnt got a leg to stand on.

I shall be a lot more careful who I rent the house to and will not stand for any nonsense or excuses from any further tenents.

Yes this sort of situation is a right royal pain in the a**e for landlord and can put decent landlords off certain type of tenants (ie. those on benefits, although I'm not sure yours were on benefits when they started renting.) Try using a credit checking/referencing service for future tenancies (I got shafted a few times and learnt a few expensive lessons along the way). Using a service like this one http://www.tenantverify.co.uk/index.htm can help avoid this sort of tenant (I have no association with the site, its a valuable resouurce for landlords though). I tend to absorb the cost I tend to absorb myself for peace of mind.