Again, I quote:
The following is a Letter Before Action (LBA), which you must amend according to your situation :
Dear Sir,
I am writing to you concerning my tenancy of the premises at [address].
I request that you return my deposit of £_______, as the premises were left clean and in good repair when the tenancy ended. Allowing for fair wear and tear, the premises were left in the same condition as they were in at the beginning of the tenancy.
As the deposit was paid after 6 April 2007, you the landlord are required by law to keep the money in a separate account, and to provide the tenant with a written statement detailing (a) exactly what the deposit covers and (b) when the money will be returned. Please provide evidence that you have complied with this statutory duty.
The deposit must not be regarded as extra rent, to be used to improve the condition of the property.
Any amount deducted from it must be equivalent to the amount needed to replace “like with likeâ€. For example, if the carpet was worn at the start of the tenancy, you cannot retain the amount that would pay for a brand new carpet.
You cannot deduct the replacement value of any item, even if it was brand new at the start of the tenancy, as this would be "betterment". You can only deduct from the deposit a percentage of the item's value, based on (a) its on condition at the start of the tenancy (which you must prove using the inventory from the start of the tenancy), and (b) the expected life of the item.
Nor can you make deductions from the deposit for general “wear and tearâ€. The tenant is only liable for damage that creates extra cost; the deposit is not there to provide a redecoration fund. You must redecorate at your own expense.
You must in any event prepare a dilapidation schedule, and you must have the relevant tradesmen give a written quotation (not an estimate) for each item of cost that you include in it.
I request that you give me receipts or invoices for work carried out, or quotations for work yet to be done.
The onus is on you to prove that there are circumstances justifying the retention of any part of the deposit, and to date you have not provided any such evidence.
I will therefore be in a position to demonstrate that it is unreasonable for you to keep any part of the deposit, should you be unable to produce the requested evidence and matters proceed to court.
You must remember that the deposit is my money. You must account for it properly. It is a common misconception that the deposit belongs to the landlord, but that is not the case and withholding it without proper grounds is unlawful.
I require your reply to arrive no later than 14 days after the date of this letter, together with your cheque for any amount not in dispute. If I receive no satisfactory reply by then, I will begin a county courticon action for recovery of my deposit without further warning.
The Court can order you to pay back the deposit, and the proceedings are very straightforward. Also, the Courts are very sympathetic to tenants whose landlords do not fulfil their statutory obligations.
I look forward to hearing from you within 14 days.
Yours faithfully,
[Signed]
Note: This letter is only an example, you must modify it to meet the actual circumstances of your case. For instance, if you accept that you are responsible for some damage or cleaning that needs to be done, say so in the letter. Acting reasonably may earn you credit from the court.
This letter is full of WIN!
Jonathan.
