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Is there any way I can get my security deposit back from my former landlord?
11-09-2012, 01:43 PM
Post: #1
Is there any way I can get my security deposit back from my former landlord?
I've recently finished in university and was living in a student house with five other people for two years. We all paid the landlord £280 as a security deposit before moving in. At the end of the first year two people moved out and were replaced. I decided to change rooms so that one of the new girls could have it, but before doing so the landlord had to inspect the room for damage etc. I was told that there were two stains on the carpet which needed to be removed before the new girl could move in. I then shampooed the entire carpet and removed the stains, and took photos, and also posted them in our house Facebook group. I have doubts as to whether the landlord checked the state of the room again before the girl moved in. Anyway, at the end of the second year when we were all moving out the landlord checked the entire house and told me that he may have to deduct some money from my deposit to remove a third stain, about which I was not informed, from the carpet, once he had ascertained the extent of the work that needed to be done. All the other housemates had their deposits back in early August but I haven't had a penny. I have been in touch with the landlord, and he's said he'd phone me back in the evening but hasn't. I've sent him a letter with the photographs, and Facebook screenshots which include the date, but have had no reply. I was wondering if I have any chance of getting any of the £280 back or if it's simply my word against his now. I'm pretty sure whatever stain he may be talking about, if there even is one, would not have cost £280 to remove. I don't see how he has given the girl who moved into my room her money back considering there is a chance she is the one who made the stain. Thank you for any advice Smile

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11-09-2012, 01:52 PM
Post: #2
 
u should really adjust or not pay rent in the last 2 months in lieu of deposit, tehy never return it.

Now you might get some help from CAB to get ur deposit back. Try that route.

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11-09-2012, 01:52 PM
Post: #3
 
I don't know about the laws in Britain, I live in the US, but it may be similar: if you've contacted the landlord and he won't return the deposit, you could go to what in the US is called Small Claims Court to try to recover the amount. Even if the carpet stain was your fault, as you say, it should not cost 280 British Pounds to clean that out. In the US, if a landlord deducts anything from the security deposit, they must send a note or letter to you enclosing receipts for any deductions over a certain amount that would correspond to about 60-70 pounds British. Check with your local agency that has information on rental laws to find out about this.
You should first ascertain whether you think going to court is worth your time and effort. If you want to go to court, the landlord would have to go to court and provide receipts showing that he paid all your 280 pounds for the cleaning. If he can't show that, you'd probably win a judgement for return of a certain amount, but then is the problem of collectin what's due. In the USA, you can often win in court but find it's all but impossible to actually collect the money from someone. Check with your Small Claims court to find out about that.
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11-09-2012, 01:52 PM
Post: #4
 
Find out if your deposit is protected in one of the three government schemes.

If it is ... then get in contact with them and start the arbitration process (court replacement). The landlord will then have to prove that he is entitled to the deposit.

If it is not ... claim it back in full via moneyclaimsonline
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11-09-2012, 01:52 PM
Post: #5
 
The answer to this depends on whether you rented a room in the house, or whether you & your housemates (together) rented the whole house on one tenancy agreement.

Please answer that fact, and whether your deposit is/was protected by one of the 3 approved schemes http://england.shelter.org.uk/get_advice...otection#3
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11-09-2012, 01:52 PM
Post: #6
 
take out a summons in the small claims court and be ready to produce your evidence
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11-09-2012, 01:52 PM
Post: #7
 
Here's a helpful article about getting security deposits back due to carpet stains : http://www.articlesbase.com/moving-and-r...43308.html
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