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Landlord refusing to return deposit, despite written agreement

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  1. #11

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    Feb 2011
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    Quote Originally Posted by Duncoru
    We vacated our previous apartment 2 weeks ago. When my husband had the final inspection with the landlord and agent the agent arranged for a property surveyor to attend as we had a feeling we were going to have issues. They spent 2 hours going through the apartment and the landlord was trying to pick at everything.
    The surveyor ruled on an amount that we should have to pay (which I thought was too much, but this landlord is mentally unstable and we had been receiving in excess of 50 messages a day so we agreed - there were a few things that needed fixing, although we could have argued wear and tear).
    Upon handover of the keys a written agreement was signed by all parties agreeing to the amount to be returned to us and the date it was to be returned by (within 7 days).
    During the week we kept receiving further messages saying that she had now found this and that broken and would be deducting it from the agreed amount, we sent repeated very clear messages back saying this was unacceptable and we would only accept the amount from the agreement.
    Sure enough the 7 days have gone past and we don't have our money back. She said we might get some of it back in a few days but she needs to 'get more deductions'. She is sending photos of things that I believe she has broken and saying $3000 here, $4000 there.
    What is the next step? She is now in my books a common thief.
    We have a written agreement signed from both parties for the return amount and date and we had a surveyor present during handover.

    OP, did you intentionally cause damage or whats the deal? 25 cats or 10 dogs? 15 kids?

    There is no reason to lose any of your deposit unless you have something out of the ordinary or you intentionally damaged something. Everything else is wear and tear.

    2 rules of thumb.

    1st) Don't pay the last 1 or 2 months rent, so you don't get scammed. Better to let the landlord take you to court then the other way around. Good luck collecting money even on a lawsuit you win!

    2nd) When you give the keys back you collect the cash at the same time, simple. Companies typically won't do this so you need to think twice about who you rent from.

    Don't be a sucker!! Of course the landlord is mentally unstable. If I can play dumb for a couple days or a week and pocket 50k, why not?

  2. #12

    Join Date
    Feb 2015
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    I've heard the only sure way of getting your deposit back is by not paying the last two month rental. I wouldn't recommend it as I understand this would possibly be in breach of your contract and possibly illegal. However, I have heard a few people do this....

    scrambler and arathi like this.

  3. #13

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    Apr 2003
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    I have been renting here for more years than I care to remember, as others have said, either (a) don't pay last two months rent, most common, and 'normal' landlords agree, or (b) exchange keys for cash (dont take a cheque) Too many friends and acquaintances over the years have been scammed by Hong Kong landlords that demand the whole bond or more, to cover cost of fictitious "damages". for OP I sympathize with your frustration, if less than 50K file a case immediately.


  4. #14

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    Nov 2015
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    20

    Small tribunals....


  5. #15

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    Nov 2015
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    Lands Tribunal deal with repossession of property. They don't deal with monetary claims , don't quote me on this but I just has a case dealt with in the Lands Tribunal which was dismissed. I think you need to go for the small claims court. Did you take pictures or a video of the place when you left.

    I started doing this and alway bought a newspaper as evidence of the date. I also take a video of the surrounding area at the same time as evidence its the concerned place.

    wtbhotia and MandM! like this.

  6. #16

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    Quote Originally Posted by Amypitpit
    Lands Tribunal deal with repossession of property. They don't deal with monetary claims , don't quote me on this but I just has a case dealt with in the Lands Tribunal which was dismissed. I think you need to go for the small claims court. Did you take pictures or a video of the place when you left.

    I started doing this and alway bought a newspaper as evidence of the date. I also take a video of the surrounding area at the same time as evidence its the concerned place.
    Would you prefer having proof and going to court (provided you fully paid and not getting your money back) when the LL tries to scam or being pro-active and not paying the last two months in addition to your video proof?

  7. #17

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    Nov 2015
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    Not sure what you mean, I am just trying to be helpful.

    There are suggestions that other people gave you which are the norm here... Then there the legit way which can take forever and can involve bailiffs when they continue to not pay up.

    I know what I would choose from my experience of scamming people.

    MandM! likes this.

  8. #18

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    Feb 2015
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    The OP already said he paid the last 2 months of rent. It's done. He's now trying to claim his deposit back from a mentally unstable landlord.

    How helpful are suggestions to offset his deposit against the last 2 months of rent ?? He can't do that.

    MandM! likes this.

  9. #19

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    Quote Originally Posted by jrkob
    The OP already said he paid the last 2 months of rent. It's done. He's now trying to claim his deposit back from a mentally unstable landlord.

    How helpful are suggestions to offset his deposit against the last 2 months of rent ?? He can't do that.
    I think the comments are more for people who are pro-active and search this thread later. The OP is screwed.
    scrambler, arathi and Thierry472 like this.

  10. #20

    Join Date
    Feb 2014
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    18
    Quote Originally Posted by ameey
    Yes, there are very difficult landlords and you can sort of tell going in a few weeks into a new agreement.
    I've been reading this thread with great interest as my lease will expire in a few months. What are some early signs to watch out for?

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