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by ashnd76 » Sun, 08 Jul 2007 12:24 am
------------------------------------without prejudice-----------------------------
well..firstly you'd need to read thru your tenancy agreement detailing the terms and conditions.
The law does recognise tenants rights as well as landlord (house owners) rights. In other words, its a balance of rights.
Standard business practice and tenancy agreement dictates that the tenant is entitled to claim the deposit when certain conditions are fulfilled.
It'd be great if you have evidence to prove that you have been a prompt paying tenant.
But now the owner is disputing it by tendering evidence of damage, and he would not have difficulty in obtaining exorbitant quotations for repairs from contractors in order to offset the amount of your deposit.
My advise is that you too should have photographs taken of the alleged damages, and get a quote from 3 contractors, preferably well established ones, to lend credibility.
If there is a huge gap between the quotations you receive and the quotations obtained by the owner, then you might use it as your ace card later, but dun use it juz yet.
You might or might not want to engage a lawyer, but do bear in mind that it will incur legal fees, time consuming and you have to take the risk that if you lose, you have to pay cost.
The best way is to talk nicely to him i.e mediate in good faith, and discretely record the conversation. If he intimidates you, even better coz its all being recorded. See how it goes..
IF, legally, you are entitled for the deposit, and the fact that he witholds it from you of your money, its theft.
And if the intentionally collude with the contrators to issue exorbitant quotations with the intention of not paying the deposit then its fraud. And the contractors would be liable for aiding and abetting.
But dont go down that path yet...see how it goes.
-----------------------------------without prejudice----------------------------
