Deposit Returned after Deductions

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    Deposit Returned after Deductions

    Hi all,

    I've been having hard time with my landlord, and before I move out I hired professional cleaners and even hired someone to paint a wall in a living room to ensure it's all clean.
    I asked him to send me my deposit. The landlord earlier today transferred my deposit after deducting an amount from it saying the cleaners didn't clean the place properly.

    I did NOT agree with him on any deductions. My understanding was that he'd propose deductions, and then after agreement (if I agree) it'd be deducted. But now he just decided to deduct the money and send me the rest.

    What do you suggest I do in this situation?
    If I was to reach out to MyDeposits dispute service, do I need to return to him the money first and tell him I did not agree to this? or could I reach out to MyDeposits dispute service and tell them I didn't get the full deposit so I can get the remaining of the money?

    #2
    Since your money has been (partly returned) I doubt the deposit scheme can do anything now, you should have gone into arbitration and disputed the amount, providing your receipts for cleaning and painting as evidence.

    Comment


      #3
      I suspect that the landlord has insured the deposit and not followed MyDeposits return process and simply returned the money, bypassing the dispute process.

      If you have a look at the MyDeposits web site there should be a dispute process available (I don't use them, so this is more a guess than anything else).

      Alternatively, send the landlord a letter before action and sue for the money in the small claims court if they don't pay up.
      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


        #4
        jpkeates,
        Yes, I'm thinking to use the dispute process. I think he did bypass the process as he didn't propose a deduction. He simply deducted and sent the money.

        Ash72,
        I wasn't given the chance to do anything. He simply deducted from it and sent me the rest. I'm thinking now to go through the dispute process.

        Comment


          #5
          Similar query I made couple of weeks ago from different govt regulated deposit retainer who all works almost similar way. They usually offer two types of schemes which is insured & custodial but both offer dispute resolving service through their adjudicator. In case of insured deposit scheme the landlord/estate agent pay a fee to them and retain the deposit with themselves in contrary to custodial scheme which is free but the deposit need to transfer into deposit retainer's account. And in case of any dispute the deposit held under custodial scheme won't be released until the process of arbitration ends while on the other hands (insured scheme) the deposit retaining agency orders to landlord to transfer the deposit amount into their account until the decision is being made. Therefore, the process adopted by the landlord in your case seems a deliberate mistake probably due to knowing of getting nothing in case of dispute who should legally let you know the deductions. You should enquire from my deposit as what penalties can be levied against the landlord who bypassed the legal process

          Comment


            #6
            I would interpret the situation as "the LL has agreed that £X should be returned to T and is proposing that £Y be retained by LL for certain issues".

            So, I would suggest that
            1. you write to LL saying that you do not agree with the deductions as you had the place cleaned and he did not give you or the cleaners the opportunity to rectify any issues, and therefore you want it returned to you.
            2. If LL does not return money make sure you start the dispute process before the deadline expires, giving the above as your reasons for the dispute.

            Comment

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