Deposit rules

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  • Reeviep
    started a topic Deposit rules

    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.

  • jpkeates
    replied
    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.

    Leave a comment:


  • Interlaken
    replied
    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.

    Leave a comment:


  • leaseholder64
    replied
    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.

    Leave a comment:

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