Flat Inventory/Deposit - Moving Out - Where Do We Stand?

Gilly said:
Guess you've never kept copies of requests for the contract?
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The majority of requests were phone calls and us making trips to their local office (25 yards from the old flat). I believe we may have copies of requests.

Skiddley said:
OK, that is before the 6th April '07 cut off for protected deposits unfortunately, so it is down to just you and the landlord\agent :(

What is the per/month rental cost, and how much is the deposit? Is it worth you holding back unpaid rent, if possible. I'd be arguing on the basis that these items are fair wear and tear. If no monies are forthcoming, request receipts for all work.

Are FBM a member of ARLA? I might threaten to report them for this if so. They might lean on the landlord.

EDIT: Tell them to get feked if they've lost your contract. And tell ARLA about this situation, it's unacceptable.
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edit your sweary mate, I got a suspension for that F word a year or two back!

Many thanks for the help so far Skiddley, I don't believe they are a member of the ARLA, just checked their website and they don't seem to cover this area.
 
Morba said:
DO NOT DO THIS.
My god, im amazed that people still post this crap.
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He speaks the truth, holding back the last months rent is pointless.

You'll end up being taken to a small claims court for the late rent AND the costs of the repairs/etc (if the repairs are justified.)
 
As I said on the rent malarky, we haven't withheld any and are now officially moved out of that flat.

Rent is all fully paid.
 
nikebee said:
Thanks for that link :)

Would you mind if I use your letter as a template if/when we need to start going down that route?
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No probs! It got some results.

I think as soon as you start to mention quotes or the fact that you've contacted CAB or Shelter, it probably makes the landlord realise he's not going to get an easy one over on you.
 
Go and see the manager. They can not do you as long as they had the inventory back for those.

You are allowed reasonable wear and tear so they can't do you for the carpets.First speak to the manager. And see if you can sort it out.
If that doesn't work start with recorded letters. Then say ion the letter will seek legal advice, then on the next letter threaten legal action, then on the next letter say x-days till I file a small claims action.

Your new property will have the new deposit scheme and should mean an end to all this.
 
AcidHell2 said:
Go and see the manager. They can not do you as long as they had the inventory back for those.

You are allowed reasonable wear and tear so they can't do you for the carpets.First speak to the manager. And see if you can sort it out.
If that doesn't work start with recorded letters. Then say ion the letter will seek legal advice, then on the next letter threaten legal action, then on the next letter say x-days till I file a small claims action.

Your new property will have the new deposit scheme and should mean an end to all this.
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*noted*

New place we're in has been great (so far!), copy of the contract, copy of the inventory of items and their condition as well.

The new landlady we've got seems wonderful, can't fault her in the two weeks we've been in contact with her.

No middle men this time, directly with her and no agency.
 
nikebee said:
*noted*

New place we're in has been great (so far!), copy of the contract, copy of the inventory of items and their condition as well.

The new landlady we've got seems wonderful, can't fault her in the two weeks we've been in contact with her.

No middle men this time, directly with her and no agency.
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Check your paper work, the deposit by law has to be in the new scheme. If it is not they have to pay you 3or4 times the sum back no questions asked.

If you dispute anything now. It goes to a hearing and they decided and what they say goes. Much much better scheme.
 
I'm in a new house, dealing directly with the landlord.

She's one of the nicest people I've met, bought me a double bed the next day I mentioned it not being in my room, got the house an extra fridge freezer too.

She's not in the deposit scheme as far as I'm aware though. We've had no info about it.

But, we're paying 10 months at £300 a month, but get the property for 12 months if we like. It's because they're dodging the council tax.
 
mp3kla said:
I'd feel pretty bad.
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Why, if what I read is right. It is against the law not to be in the deposit scheme. That is the punishment rather than a fine.
Or if you want to be nice. tell her you want your deposit in the scheme and advisor her she should read up on it.

Failure to comply with the scheme means a landlord can be liable to pay a tenant up to three times the cost of their deposit and can also forfeit possession of their property.
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Landlords should know this. It's part of there job.
 
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What if your landlord isn’t protecting your deposit?

You can apply to your local county court. The court can order the landlord or agent to either repay the deposit to you or protect it in a scheme. If your landlord or agent has not protected your deposit, they will be ordered to repay three times the amount of the deposit to you.

So does this mean they have the chance to correct it and put it in a deposit scheme without the punishment of 3x our Deposit? Or will they face the repayment even if they place it in a scheme.


I think I might just leave it as ammunition in case they try to charge us for anything OTT. I'd rather leave this property without a fight and as near to £300 as I can get in my back pocket.
 
From what I have read it's pretty much 99% they'll have to pay 3 times the amount.

if you want to be nice, at the end when you have your deposit back. Make sure she knows about the scheme. But if she's dodging council tax she may well know about it already.
 
Mat said:
That crap, as you so pleasantly put it, was actually a necessary course of action for me once and it helped me sort out a rather nasty situation so keep your mouth shut if you cant add anything useful.
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Excuse me? why the attitude? you are breaching contract by doing this, you MUST pay your bill regardless otherwise you can land yourself in all kinds of crap.
 
AcidHell2 said:
Check your paper work, the deposit by law has to be in the new scheme. If it is not they have to pay you 3or4 times the sum back no questions asked.

If you dispute anything now. It goes to a hearing and they decided and what they say goes. Much much better scheme.
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I'll check the paper work, and I'll ask her when I speak to her next also.

I don't particularly want to pee her off since we only moved in two days ago (despite having the flat for 2 weeks so far).

I'm in the same frame of mind as mp3kla as far as that goes, it's a new place, she seems nice and don't want to do anything yet. If worse comes to worse and I get charged OTT or anything goes boobies up during our tennancey then I'll start doing something about it.

As far as the other flat goes, we have to wait 14 days for FBM to process everything before we get word of how much money we get back from our deposit. :rolleyes:

You guys have armed us with a lot of extremely useful information, I'm embarrassed to say I wouldn't have otherwise known about... I dare say very few tenants realise their rights about these things until something like this happens though.

Will keep you all posted on any news!

Cheers :)
 
nikebee said:
FBM are also claiming they have lost both our contract, and our inventory. This leaves us now with our word against theirs and we're worried we wont get our bond back.
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What kind of reputable company loses a contract?!

Get onto the tenants association to see what you can do.
 
I find it hard to believe that a letting agent would "loose" an agreement and inventory. When we see new tentants into a property, we give the tenant an original (signed by them and us) and we keep an original (also signed by us and them). Not only that but we also have the agreement on the computer aswell. If thats the case then they haven't really got anything to stand on in all fairness. Not only that but if you wern't given a copy of the agreement/inventory if you were still at the property you could infact claim squatters rights.

The carpet should be replaced if they let the property again, thats not your issue, comes under wear and tear.

http://www.direct.gov.uk/en/TenancyDeposit/

Tells you most of what you need to know, as has already been said, you need to be registered and then you can choose 1 of 2 ways of holding the deposit.
 
if its general wear and tear then they havent got a leg to stand on

i got half of my deposit back from arguing my point
i also told them i would replace the carpets myself
they quoted £400 for the whole house as being the cheapest i could find

i got the whole house done for £50
then demanded my deposit back

i kept a set of keys just incase
 
AcidHell2 said:
Why, if what I read is right. It is against the law not to be in the deposit scheme. That is the punishment rather than a fine.
Or if you want to be nice. tell her you want your deposit in the scheme and advisor her she should read up on it.



Landlords should know this. It's part of there job.
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The AST commenced prior to 6th April '07. The landlord is not required to secure the deposit in this case.
 
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