Rental deposit question

Going to Cali

Going to Cali

Going to Cali

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Joined
23 Aug 2004
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1,493
So I've just moved out of a place and landlord would like an undeserved slice of my deposit.

One charge I have accepted, two others i am disputing. Ihave been requested to settle amicably, by which they mean they just want me to pay rather than stand up for myself.

I intend to contend the two charges but in the mean time, is the rest of the deposit locked or should this be returned?
 
i would get the whole sum in one payment; asking for the 'outstanding amount' will make it harder to get the disputed amount.

You can ask for receipts for any work conducted wrt cleaning/fixing things.
 
What are the charges!

I wouldn't hand any money back to a tenant until all things have been fixed, you will get some money back eventually. If he gave you money back now and it cost him more to fix than he thought, what chance would he have of getting it back from you..... zero.
 
I don't think it is fair that they hold on to my entire deposit while this is disputed. what if we never reach a conclusion?

The charges relate to;

1) A shower screen that came away from it's hinge and damaged the bath. Screen was not misused, aside from getting it wet when I showered. Their argument was that it was attached when we rented the house. If it breaks then maintenance is the responsibility of the landlord rather than the tennant, surely?

2) damp patch on ceiling in bathroom which had no ventilation. Was mentioned many times and not acted upon by landlord. They want us to pay for damp proofing which I suggested was additional work rather than a repair. Either way, it was unavoidable so I don't feel I can be held responsible.
 
Going to Cali said:
I don't think it is fair that they hold on to my entire deposit while this is disputed. what if we never reach a conclusion?

The charges relate to;

1) A shower screen that came away from it's hinge and damaged the bath. Screen was not misused, aside from getting it wet when I showered. Their argument was that it was attached when we rented the house. If it breaks then maintenance is the responsibility of the landlord rather than the tennant, surely?

2) damp patch on ceiling in bathroom which had no ventilation. Was mentioned many times and not acted upon by landlord. They want us to pay for damp proofing which I suggested was additional work rather than a repair. Either way, it was unavoidable so I don't feel I can be held responsible.
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Go see CAB. I wouldn't pay for either of those. If you didn't report the shower screen - you may have to concede that.
 
Some of the replies in my thread might be of use: http://forums.overclockers.co.uk/showthread.php?t=18077902

Also http://www.direct.gov.uk/en/TenancyDeposit/index.htm namely the link 'What are Tenancy Deposit Schemes?'. There are three different types and depending on what scheme you're with you should get the money back before they make adjustments or not (iirc). You need to find out what scheme your money is in and start reading up on it. For starters they need to tell you within 10 days of your contract ending if they want to take any money off.

Good luck, landlords are ****s and should all die in a hole :)
 
Scam said:
Also http://www.direct.gov.uk/en/TenancyDeposit/index.htm namely the link 'What are Tenancy Deposit Schemes?'. There are three different types and depending on what scheme you're with you should get the money back before they make adjustments or not (iirc). You need to find out what scheme your money is in and start reading up on it. For starters they need to tell you within 10 days of your contract ending if they want to take any money off.
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Remember the Tenancy Deposit scheme only applies if he is in England (and Wales too possibly)
 
Point 2 is certainly classed as 'betterment' which is unlawfull.

I would argue that point one is also.

ARLA state that 1 month is reasonable time to return a deposit.

It is unlawfull for them to withold the entire deposit whilst they are disputing part of it.
 
If you don't report anything that breaks, or maintenance that is needed before you move out (i.e. it should be reported as soon as it needs doing..) then you'll be the one to stump up for it, if it was in good nick when you moved in.

If you are using the DPS (Deposit protection scheme) you can't get any of the money until all disputes have been settled (this also means the landlord does not get any) which is how it should be, tbh.
 
ignoring the actual disputed items you essentially need to agree with your landlord/agency that you're disputing the amount and it will go to an arbitrator, the undisputed amounts will be returned.

I was in a situation recently where I was going to contest being charged for nearly every lightbulb in the flat, even though as many were working when we left as when we moved in, however as we'd not raised it as an issue or noted it on the inventory we didn't have much of a leg to stand on, we did get one charge taken off as they kept telling us it was for different things i.e. couldn't justify what it was actually for
 
Dj_Jestar said:
If you are using the DPS (Deposit protection scheme) you can't get any of the money until all disputes have been settled (this also means the landlord does not get any) which is how it should be, tbh.
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Actually if I remember correctly 2 of the 3 types of deposit schemes let the landlord/agent hold the deposit in their account. Therefore nothing really changes as they can still give you back some of your deposit and wait for you to contest the rest. This is what happened to my mum.
 
Have you heard this from the landlord themselves? I recently moved out and the letting agency (******s) said something along the lines of yeah we've booked a cleaning team to go in and it will cost such and such to be taken from the deposit. I contacted the landlord and he was completely unaware of any cleaning company booked to go in there and I ended up getting the full deposit back. Apparently slight damp stains on a wall (also due to lack of ventilation) required a cleaning team :/. Depends if its managed by landlord or letting agency I guess.
 
Christ so much info in this thread which isn't something to go along with and pretty useless and time wasting in some cases.

Essentially the onus is on THEM to prove you caused the damage. If there is no signed DETAILED inventory of condition with pictorial evidence from the start of the tennancy then you could in theory have turned it into a dump. As there is no baseline showing its condition before you moved in then there is NO WAY to prove is wasn't left in the state it was at the start. Thus all deposit should be returned and most of it will be if going through teh deposit scheme arbitration.

Questions (please answer these):
1.) Is there a DETAILED starting inventory and leaving inventory (describing condition not just listing assets) with pictures? Are they signed?
2.) As asked earlier, what is being taken off your deposit by the LL (landlord) / LA (Letting agent), and what did you apparently damage?

Next stages
- Check the links regarding deposit schemes. if you have no paperwork saying that you are with one of them then call then up and speak to them to find out if it is protected (only 3 of them so shouldn't take too long)

- You need to send a formal letter/e-mail requesting the return of the full deposit within 10 days.

- Gather all your evidence, photos, inventories (before/after), tennancy agreement (READ IT!!!!).

- If you don't receive your money back, or they only call rather than write (you NEED written evidence), or they just fob you off saying X,Y,Z damage neglect etc, DON't get worked up and emotional. Send another letter saying they have 10 further days to send the full deposit back, you have sought advice from the deposit company and will be raising a dispute if the monies isn't received.

- Can explain the rest when we get there ;):)


FYI, I have won back money from student LLs used for betterment (had them squirming and sending cheques through just before going through with small claims, plus after moving out of London this year I got every single penny back froma thieving one who also wanted betterment, through the mydeposits arbitration scheme.)
 
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