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shughal

Landlord not giving full deposit back

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Hi, I have left the flat within one month notice but my landlord not giving me my full deposit back. I moved in the flat march 2011 and left march 2012. He is saying u didn't clean the property properly, damage my property like carpet etc etc. I myself cleaned the property and there was no damage anywhere. When i moved in there was no inventory report and he didn't secure my deposit with any company. During shifting i lost my contract and i was paying the rent to him by cash every month. Flat was above the shop and he was running the down stair shop. First month i transfer the rent online in his account then he said no give me cash. He never gave me any rent receipt. I have only the pictures when i moved in and moved out, in the pictures its clearly showing that flat was very dirty when i moved in.

I need help and advice that within how many days he should return me my deposit back?. I need the matter of the "Letter before action", i mean which wording should be mention in the letter?. Before go to court how many letters should i send to him?.

It happened first time in my life, no experience before so please looking the quick and helpful response.

Many thanks

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Unfortunately, your landlord has you in a very difficult position.

Sure, you can write a 'letter before action' which would tell him what you want (your deposit) why you want it (all rent paid and property clean/undamaged) and what will happen if he doesn't pay within X days (court). But what will you do if you go to court and the landlord says; "He is not entitled to his deposit, he hasn't paid rent for the last 4 months". Could you prove that that statement is a lie? Could you even prove you paid a deposit? Your post suggests you couldn't? So you may take HIM to court, and you walk away with a court order saying you have to pay him £XXX. Not really what you want.

It is too late now to do much about it, but remember for ANY future business transaction, including tenancies, if you will not get some sort of receipt, don't pay. If you follow that rule and someone sues you for not paying, the courts will back you up. Cheques are fine, bank transfers great, standing orders no problem - with all of those you have a receipt of sorts on your bank statement.

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hi, thanks for the reply.

Its true he put me in difficult situation. There is some recording i have where he is saying that i am not going to give you deposit back.

If i lose the case how much i have to suffered, rent amount + court fee?. anything else.

In the court can the Magistrate or judge say to him about the swear of Holy Book so that he can' t lie in front of the Holy book.

waiting for your reply.

MANY THANKS

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hi, thanks for the reply.

Its true he put me in difficult situation. There is some recording i have where he is saying that i am not going to give you deposit back.

If i lose the case how much i have to suffered, rent amount + court fee?. anything else.

In the court can the Magistrate or judge say to him about the swear of Holy Book so that he can' t lie in front of the Holy book.

waiting for your reply.

MANY THANKS

In court, the most a judge could order you to pay is a 'small' contribution towards the landlords expenses and time off work. These are capped by law and at the judges discretion. However, you have read in my other post of what 'could' happen - a countercalim for unpaid rent that you don't seem to be able to defend. In tat case, you could be ordered to pay the landlord hundreds or even thousands.

Everyone will be expected to 'swear' but not everyone believes and so may swear and stil lie.

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You can try the Small claim court, thay have very detailled information on the direct.gov.uk, but yes, there is a fee depending on how much you claim. And it's long and boring... and hassle, but it could work... Good luck

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