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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 premise was left in better condition than at the beginning of the tenancy. Which if you recall, had to be cleaned quickly and inadequately with builder’s tools and waste removed after I had received the keys on the 16th ******.

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 like”. For example, if the carpet was worn and stained at the start of the tenancy, you cannot retain the amount that would pay for a brand new carpet. As per our discussion on ******July 2011, where you agreed the carpet was indeed badly stained prior to my moving in no deductions should be allowed for carpet cleaning or indeed replacement.

In my conversation with you on July 27^th you informed me that the carpets had apparently been commercially/industrially cleaned prior to me moving in. If that is the case, having seen the carpets on Monday 1^st August after them being cleaned that day, it is unrealistic that any monies be deducted from my deposit, and is suggested you seek reimbursement from those who cleaned it prior to the start of my tenancy, claiming incompetency.

As no official handover was done when I moved in, could you please provide a basis for any claim you may have.

I request that you give me receipts or invoices for work you say has been 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.

All service providers, electricity, water and council tax, have been contacted and final bills are being forwarded to my current address. There are queries relating to the electricity meter readings below. However please check if you wish with all relevant parties that forwarding addresses have been provided for utility bills

Also, the break period in my 12 month contact ends on the 16th August 2011. Having handed back the keys early, upon your request to assist in new tenants moving in, there are 16 days overpayment of rent. As stated on the Leaders Letting Agreement ‘the landlord agrees to directly refund any overpayment of rent made by the Tenant to the Landlord under the terms of this Agreement.’ £825 over a 12 month period equates to £9,900 per annum. Per day rent is £27.12, so there has been an overpayment of 17 days or £461.09. Again it was upon your request that I be able to hand the property back early for a new tenant to move in on Saturday 30th July 2011, which they did.

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 court 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.