Landlord avoiding refunding bond

[SA Gold]

I moved property at the end of December and i am still waiting for my bond!
The landlord has always been fair and generally helpful hence me being so tolerant although i think he is playing on that now.
Despite several calls and messages, I am still yet to meet up, hand the keys back and get my bond back!
I spoke with him end of last week where he said he has inspected it and all is fine apart from some of the carpet which he is going to have replaced as cheaply as possible and de-duct from the bond and should be OK to meeting up over the weekend. I explained the carpet has worn from the underneath as a result of what we were told was mice running around (it's a 100 year old house) under the floor boards.
The meeting never happened and i have been unable to get hold of him again today.
I have all the call times and messages on my phone and also sent the notice to quit tenancy recorded. I have looked around this afternoon and found some articles stating that without an inventory (which i don't believe we have) no deductions can be made and if the deposit wasn't protected then if i took him to the county court he may have to re-pay three times the deposit for not complying!

I would appreciate any tips and pointers here; i was planning on writing to him again advising him i will persue the matter if he fails to refund the full amount within 7 days. What do you think?

Cheers!

[SXGuy]

Re: Landlord avoiding refunding bond

Someone else may correct me, but you need to check your tennancy agreement.

I was renting a few years ago, and they also forgot to do an inventory, and my wife and i, both said that if they tried to take any repairs out of our deposit we would fight it on those grounds.

If they dont record any marks etc before you enter the property, they have no basis to argue that any damages after you leave was your fault, i.e could have already been there!

Did your landlord hold the deposit theirselves or with a deposit protection company? im not sure when, but holding it themselves became illegal a few years back.

In my tennancy agreement, it stated that you must give 30 days notice when ending your tennancy and the deposit would be repaid within 30 days of giving the keys back.

Its vitial you check your agreement to see what it states.

He/she may be taking the mick abit, by not letting you hand the keys back, and thus holding the deposit longer, may not have used a deposit protection company to hold it, and may be trying to swindle you by paying for damages that were not recorded prior to entering.

Lastly, im 99% certain, that carpet wear, is general wear and tear and they can not ask for money from your deposit to fix this.

[Never-In-Doubt]

Re: Landlord avoiding refunding bond

Usually you make an offer of fair wear and tear. But that can be £500 or so. Catch22.

Where's a planB when you need one

Did they deposit it correctly, in the tenancy deposit scheme(s)?

[SA Gold]

Re: Landlord avoiding refunding bond

Hiya,
Thanks for the replies.

I have checked the agreement (which expired April 2010!)which states the amount deposited is protected by "The deposit protection service (DPS) which goes on to say the tenants would receive full details of the scheme within 14 days - don't recall ever receiving anything.
It also says the deposit will be returned within 10 days after providing final accounts for Gas etc.

[jon1965]

Re: Landlord avoiding refunding bond

Fair ware and tear is normally excluded in the agreement so you should not pay for it, Well in my standard tenancy it is.

The deposit is against damage and missed rent.

[SA Gold]

Re: Landlord avoiding refunding bond

Fair ware and tear is normally excluded in the agreement so you should not pay for it, Well in my standard tenancy it is.

The deposit is against damage and missed rent.

Hi Jon.
Yeah, fair point. Just done some reading up on the Deposit protection website which i don't recall ever having received anything from. I wonder if he actually did this!
I'll call him for the last time tomorrow before i write to him.

[SXGuy]

Re: Landlord avoiding refunding bond

is their a contact number on the deposit protection website? you can check to see if it was i think.

If he didnt use them and held the money, hes commited an offence.

[CleverClogs (RIP)]

Re: Landlord avoiding refunding bond

Where's a planB when you need one

OTR

[CleverClogs (RIP)]

Re: Landlord avoiding refunding bond

I explained the carpet has worn from the underneath as a result of what we were told was mice running around (it's a 100 year old house) under the floor boards.

How would that be possible?

Even if the mice were using the space as a jungle gym or swinging from the underside of the floor boards, they would still be the thickness of the floor boards away from the carpet.

Someone seems to have been telling you stercus bovi.

[The Tech Clerk]

Re: Landlord avoiding refunding bond

See Clever Cloggs is two turds of the way.

[jen_br]

Re: Landlord avoiding refunding bond

Hi If your dep is with DPS, I can give you a number to call... if you've lost your DPS number which they tend to email you.

The LL can't withhold anything - what happens is you request a release of funds the LL agrees or disagrees and an independent agent comes out to look.

thats about it! You have to start the ball thou for the refund

[SA Gold]

Re: Landlord avoiding refunding bond

Thanks for the replies and sorry for the delay in coming back to you.

I have checked with all 3 bond protection schemes and he hasn't protected our bond despite ticking the box to say it has been.

He hasn't responded to me again yesterday/today so i am going to write to him stating if i don't receive the bond back in full within 7 days i will take a claim out for it. Apparently, he could be made to repay 3 times the bond for not doing it!

As for the mice - there is no floor boards below that piece of the carpet!

Edit:

What do you guys think about something like this?

Dear

On 29th November i wrote to you providing one month's notice to terminate the tenancy on the above named property. I enclose a copy of the letter and receiving signature at your business address.
You will note from below i have made several attempts to arrange a meeting at the property for your inspection and the release of my deposit.
I note the tenancy agreement states the deposit was placed with the deposit protection service as per current legislation.
I have contacted the deposit protection service and the other two schemes who have no record of the deposit.
This is my final request to you: Return my deposit in full within seven days of receiving this letter or i will persue you through the courts.

Yours faithfully.

[loring]

Re: Landlord avoiding refunding bond

Hi Missy
I had a similar problem to yourself in Sept 2012 and which was resolved swiftly following the assistance of "plan" B. Please view my thread,
my thread is located under my user name and is titled "Rental Deposit held by Agent (Resolved).
Plan B gave me suggested letters to write to the Agent and the Landlord and they were successful in having my deposit returned in around 10 days.
Let me know if you need any clarification to what is on that thread

[Deepie]

Re: Landlord avoiding refunding bond

Thanks for the replies and sorry for the delay in coming back to you.

I have checked with all 3 bond protection schemes and he hasn't protected our bond despite ticking the box to say it has been.

He hasn't responded to me again yesterday/today so i am going to write to him stating if i don't receive the bond back in full within 7 days i will take a claim out for it. Apparently, he could be made to repay 3 times the bond for not doing it!

As for the mice - there is no floor boards below that piece of the carpet!

Edit:

What do you guys think about something like this?

Dear

On 29th November i wrote to you providing one month's notice to terminate the tenancy on the above named property. I enclose a copy of the letter and receiving signature at your business address.
You will note from below i have made several attempts to arrange a meeting at the property for your inspection and the release of my deposit.
I note the tenancy agreement states the deposit was placed with the deposit protection service as per current legislation.
I have contacted the deposit protection service and the other two schemes who have no record of the deposit.
This is my final request to you: Return my deposit in full within seven days of receiving this letter or i will persue you through the courts.

Yours faithfully.

Have a read here ----> http://england.shelter.org.uk/get_ad...FUPHtAodwx8ArQ

[SA Gold]

Re: Landlord avoiding refunding bond

Many thanks for the help on this.

Loring - Thanks for letting me know about your thread. Very useful.

I2D - Thanks for the link. I did have a letter to send yesterday although missed the post office although now i have seen that think i may type another from a slightly differently angle

I spoke with the court yesterday to confirm i only needed to fill out N1. I told them what was happening and they said send a copy of the completed N1 form with the letter to the landlord as its surprising how many people are refunded immediately!