Deposit rules

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

    Deposit rules

    Hi all I am after a little advice please, I have recently left a property I lived in for 5 years with 3 children and a dog, I repainted and cleaned and handed the keys back on Saturday. My landlady checked the property with me and we went through the inventory and I disputed a few items that she said were excessive wear and tear. she did not protect my deposit, and asked me if I would be happy for her to keep my deposit to repair/replace the items we discussed in the inventory. knowing the cost of some of the items to replace I said yes and signed to say that she can keep it to do all the work on the inventory. My friend moves in today and has said that non of the work had been done but she had just changed the item description on her inventory to reflect the damage. My question: after signing the paperwork to say she can keep my money to do the repairs listed in the inventory (all her words) and finding that she has not done any of it. What can I do? I gave her the money in good faith. Many thanks for taking the time to read this.

    #2
    It is likely that she has charged you more than a court or deposit protection scheme would have charged you, but she is doing nothing wrong by deferring the repairs until after the next tenancy.

    I think it is still open to you to sue for the penalty for not protecting the deposit.

    I'll let others comment on whether your acceptance of her compensation figure is binding.

    In setting the compensation, she should have used the original purchase cost, and taken into account what proportion of the expected lifetime had already been used, unless the cost of repair was lower.

    Comment


      #3
      You can easily sue her for 3 X the deposit - I'm sure someone on here will put the link up. She broke the law by not protecting the deposit.....or maybe she would prefer to come to a cash settlement with you - always ask for more in case she tries to knock you down on price.



      Freedom at the point of zero............

      Comment


        #4
        It depends on what you agreed.

        If you agreed that the landlord could use the deposit to repair or replace the items, the landlord has to do that.
        If you agreed that the landlord would receive the deposit as compensation, the landlord doesn't have to do anything.

        Because the deposit wasn't protected, there's not going to be a proper record of what was agreed, and the landlord is simply going to claim the deposit was used as compensation.

        The problem for the landlord is that by not protecting your deposit she has probably made a stupid mistake, because almost all deposits for tenancies have to be protected and you can sue your landlord for a penalty.
        And she's just lost any goodwill you might have had.

        You probably don't want to actually go to court because that is costly and stressful, but you can threaten to do that.
        Here's a link to Shelters process for claiming the deposit - https://england.shelter.org.uk/housi...nsation_claims
        ​​​​​​​
        Alternatively you can find a no win no fee company who might take on the case for you (google finds loads), although some will be put off by the agreement you entered into.

        You have six years from when the deposit should have been protected, which doesn't give you too long to start the process.
        If you had more than one tenancy, you might have more than one claim.
        When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
        Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

        Comment

        Latest Activity

        Collapse

        • Housing Benefit query
          Mickeyshell
          Hello i am hoping someone can help with a query my 19 year old son is due to leave college soon and hoping to get an apprenticeship, when this happens I will lose my tax credits so I am wondering if I ask my landlord to put him on the tenancy when it is due for renewal soon will he be able to claim...
          19-01-2019, 11:32 AM
        • Reply to Housing Benefit query
          ram
          He is your son, you house him for free....
          19-01-2019, 12:07 PM
        • Bicycle Question
          cate
          Hello

          I live in a building that has 2 flats. The entrance to our building has a barred gate. My neighbour rents out her flat through a letting agency. My neighbour's tenant started chaining her bike to the gate outside and I wonder whether anyone knows whether this is a health and safety...
          19-01-2019, 02:11 AM
        • Reply to Bicycle Question
          ram
          From what I see, this is an obstruction to your "Right to free and unobstructed access to your property"
          If it was me, I would pivot the bike ( as it's chained to the rails, ) so that the bike is behind the dustbin.
          Dust bin Hard against the bike.
          It's your right to remove
          ...
          19-01-2019, 11:43 AM
        • Tenancy renewal - no interim Council Tax liability?
          bagus
          I understand that the Landlord is liable for Council Tax on the last day of a tenancy, even if a new tenancy commences the following day, because it is deemed that someone other that the outgoing or incoming Tenants could potentially stay in the property overnight (which is spurious and improbable)....
          18-01-2019, 13:14 PM
        • Reply to Tenancy renewal - no interim Council Tax liability?
          jpkeates
          Legal time is not the same as real time.
          Things don't just happen at the same time, they happen in a sequence at the same time.

          It doesn't matter in the insurance policy example, but it does in a complex series of transactions (like selling a house).

          However, I have to...
          19-01-2019, 10:34 AM
        • How to get tenant out
          Propertymagnate
          I want to sell my property and have already tried to sell it with tenant in situ for the last six months but have had no luck. Had a few viewing but no offers.
          Estate agent said I need to evict the tenant.
          I'm happy to pay for this service to get it right first time and have seen landlord...
          19-01-2019, 09:02 AM
        • Reply to How to get tenant out
          JK0
          I get the impression that certain companies push clients down the s8 route to garner fees from court appearances, rather than suggesting an easier diy s21 eviction. Do some reading here about s21 before giving a lawyer a payday, IIWY.
          19-01-2019, 10:04 AM
        • Reply to How to get tenant out
          DPT57
          If you dont know how to do it then yes. It may take a while if you havent served the correct paperwork...
          19-01-2019, 09:56 AM
        • Reply to Bicycle Question
          leaseholder64
          It;s not possible to know whether it is a health and safety issue just from the photograph, as we cannot see whether or not you would already have reached a place of safety on the far side of the gate.

          It is a trespass against the owner of the gate and against the owner of the road, and...
          19-01-2019, 09:50 AM
        Working...
        X