Flat Deposit

nydryl · 7 Mar 2013 at 10:15

platypus said:
They have written:

?

Sorry, I should have clarified. The conversation continued re receiving a copy of the report:

Can you indicate how long this will take as it's already a fortnight since I vacated.

----------

Unfortunately I cannot give a timescale as I am currently waiting on the estimates to be completed.

Granted they could know the charges will exceed my deposit, but it seems unprofessional at the very least to state that for certain without being able to provide a report.

yer_averagejoe · 7 Mar 2013 at 10:15

New rules in Scotland enforce deposit protection but I don't think the rules apply in the OP's case since the tenancy agreement was signed in 2010.

Edit: Details here

In general, new or renewed tenancy agreements now MUST move the deposit into a scheme. However, it looks like since the OP gave his deposit in 2010, unless the contract was renewed on or after the 2nd of October 2012, his deposit wasn't required to be in a scheme.

Anyone reading this thread in Scotland who doesn't have their deposit in a scheme and they think they should - contact your landlord/agency NOW. I did.. and now my deposit is safe

chameleon · 7 Mar 2013 at 10:16

I thought a flat deposit was a result of a dogturd meeting a mallet.

[FnG]magnolia · 7 Mar 2013 at 10:17

I can confirm that I have collated all the information regarding your deposit. It is with regret that I must advise that there are several dilapidation and damages caused which require deductions from the deposit.

I am currently awaiting further figures however there will be no remaining deposit to be returned once the works are carried out.

I thought he had collated all of the figures? Contact him and ask to meet him to discuss the detailed report which he can apparently give you.

I absolutely despise agencies. There are ginger people, then Adolf Hitler, then Letting Agents. Especially in Glasgow.

e : aren't you the clever Legal chap or have I got you mixed up with someone else? I'd certainly be conferring with my peers to work out a hilarious and potentially career-ending scheme for the agent you're dealing with.

platypus · 7 Mar 2013 at 10:17

platypus said:
Ah, renting in Scotland then I'm not sure, sorry.

As everyone above me seems to have pointed out

.

Jono8 · 7 Mar 2013 at 10:25

So what could possibly be there reason for this if you hadnt damaged anything and given the place really good clean before moving out?

nydryl · 7 Mar 2013 at 10:28

[FnG]magnolia;23890855 said:
I thought he had collated all of the figures? Contact him and ask to meet him to discuss the detailed report which he can apparently give you.

I absolutely despise agencies. There are ginger people, then Adolf Hitler, then Letting Agents. Especially in Glasgow.

e : aren't you the clever Legal chap or have I got you mixed up with someone else? I'd certainly be conferring with my peers to work out a hilarious and potentially career-ending scheme for the agent you're dealing with.

I'm not the legal chap unfortunately, I was hoping one or two of them might drop in here at some point. The contradictions in her emails are infuriating.

Jono8 said:
So what could possibly be there reason for this if you hadnt damaged anything and given the place really good clean before moving out?

I wouldn't be starting this thread if I knew. I assume the reason is, and call me cynical, because the company needs to turn a profit.

tom_e · 7 Mar 2013 at 10:30

I imagine really you're going to have to wait till you have a breakdown of exactly what they're robbing sorry charging you for before you can build a case to tell them to stick it.

Woogie · 7 Mar 2013 at 10:32

Just ask for said detailed report? Did you take pictures upon moving in and moving out of the place to compare against the information they have

tom_e · 7 Mar 2013 at 10:33

Also did you sign an inventory when you moved in and did they do a walk around with you when you left?

RoyMi6 · 7 Mar 2013 at 10:34

Woah woah woah, to get rid of some confusion I'm pretty sure that putting deposits into a scheme is NOT voluntarily in Scotland and you're eligible of getting up to 3 times you deposit if it's not!

However, there are caveats (live in landlords for example) and exactly when money has to be put in scheme varies, as it's all just coming into place.

In the OPs case if he moved in an paid a deposit in September 2010 and renewed yearly on Sept 2011 and Spet 2012 then he renewed one month too early for the landlord to be forced to put it in a scheme within 30 days (2 Oct 2012 was the cut off date) and is moving out two months too early for them to have to put it in a scheme (2 April 2013).

Hope this clarifies some stuff if anyone else comes up against it.

Also, op, you might be worthwhile to email [email protected] and explain your situation. If you genuinely feel you're being wronged then hopefully they'll be able to point you in the right direction.

nydryl · 7 Mar 2013 at 10:35

Woogie said:
Just ask for said detailed report? Did you take pictures upon moving in and moving out of the place to compare against the information they have

Answered both questions already. No report available, pictures were taken.

tom_e said:
Also did you sign an inventory when you moved in and did they do a walk around with you when you left?

Yes and no. Inventory signed, no walk around when I left. As far as I'm aware the flat was empty for a week before the went to check it.

RoyMi6 said:
Woah woah woah, to get rid of some confusion I'm pretty sure that putting deposits into a scheme is NOT voluntarily in Scotland and you're eligible of getting up to 3 times you deposit if it's not!

However, there are caveats (live in landlords for example) and exactly when money has to be put in scheme varies, as it's all just coming into place.

In the OPs case if he moved in an paid a deposit in September 2010 and renewed yearly on Sept 2011 and Spet 2012 then he renewed one month too early for the landlord to be forced to put it in a scheme within 30 days (2 Oct 2012 was the cut off date) and is moving out two months too early for them to have to put it in a scheme (2 April 2013).

Hope this clarifies some stuff if anyone else comes up against it.

Also, op, you might be worthwhile to email [email protected] and explain your situation. If you genuinely feel you're being wronged then hopefully they'll be able to point you in the right direction.

I've lost bits and bobs on deposits before where I felt it was entirely justified; this is definitely not the case with this flat. I'll use the email provided, thanks for the advice.

Neodite · 7 Mar 2013 at 10:38

nydryl said:
Yes and no. Inventory signed, no walk around when I left. As far as I'm aware the flat was empty for a week before the went to check it.

Last place I rented they came around a few days before I moved out and let me know a couple of things that would need doing before I left. Got every penny of it back.

Sounds like you just had some %$£%^

Woogie · 7 Mar 2013 at 10:38

nydryl said:
Answered both questions already. No report available, pictures were taken.

Yes and no. Inventory signed, no walk around when I left. As far as I'm aware the flat was empty for a week before the went to check it.

Sorry Skim read the thread and the first post read as if there was a detailed reported.

doofer · 7 Mar 2013 at 10:40

You could get you and 300 mates to thoroughly clean and it wouldn't matter. It would need a 'Professional' clean with an invoice, that's all that matters to them.

Best you can do in your situation is get a complete break-down of the costs incurred and try and use any discrepancy you can find there to your advantage.

As you have taken photographs when you left, you can use these to your advantage in two ways:

1: Mention the photographs to the Agent/Landlord so they are aware you have a record of proof as to the condition of the Flat.

2: You could get a friend or associate to 'View' the Flat and take similar photographs to the ones you took, these would provide reasonable evidence of any 'repair' work that has been undertaken or not as the case may be, this would obviously be to your advantage should you wish to take matters further.

JonJ678 · 7 Mar 2013 at 11:37

Scotland may be different. Couple of points from civilisation.

First, if they haven't put the deposit in a scheme they are in the ****. To the tune of refunding rent as well as the deposit. The schemes are not optional.

Second, a fortnight is too long. There's a ten day limit in the UK, beyond which you get the whole deposit back.

Don't take this crap from your landlord.

tom_e · 7 Mar 2013 at 11:39

JonJ678 said:
Second, a fortnight is too long. There's a ten day limit in the UK, beyond which you get the whole deposit back.

Don't take this crap from your landlord.

That's once it's all agreed isn't it? So once they've told you what you're getting back and it's all confirmed it's got 10 days to land in your bank account.

physichull · 7 Mar 2013 at 13:15

JonJ678 said:
Scotland may be different. Couple of points from civilisation.

First, if they haven't put the deposit in a scheme they are in the ****. To the tune of refunding rent as well as the deposit. The schemes are not optional.

Second, a fortnight is too long. There's a ten day limit in the UK, beyond which you get the whole deposit back.

Nah, not strictly true. They say "usually" within ten days. There is no reason why it can't be longer, but if it turns into months, then you know something is up.

As for refunding you rent and the deposit, that cannot happen. The ONLY time that can happen (in England anyway) is if you are still the tennant and you have pointed out to the landlord that the deposit has not been protected within a scheme. The landlord then has time to comply with the scheme and submit the deposit. If he refuses to comply (rare) then you may have a case and you could recieve something like up to 3 months rent. For the situation the OP is in now, none of this applies.

I would do as another has said already, make sure you get all the receipts and challenge anything that is above and beyond the reasonable wear and tear state of acceptability. Compare these against your photographs.

iamtheoneneo · 7 Mar 2013 at 13:24

deep clean is pretty normal for rentals....its almost to be expected after leaving. however you should pay a normal charge for this, when we moved last time they wanted us to pay for an extra £30 driving to the place! naturally we got this removed.

ci_newman · 7 Mar 2013 at 15:14

Just to clarify, how big is this deposit? £50? £500? £5000?