Advice needed on deposit repayment

[rubix]

I would like to know what people think is the best course of action in my situation.

I moved into a property in september 2006 with an 11 month AST. The tenancy was then renewed with a new 11 month AST from september 2007. After moving out at the end of july, we met up with the landlord to discuss the deposit and he only said he wanted to get the property cleaned professionally. We agreed to this and waited for our deposit.

Two weeks later we had still heard nothing so we tried to contact LL but got no answer so we left messages asking what was happening. Another week later LL replied just saying "on holiday will sort it out when i return".

Despite leaving more messages asking LL to contact us we heard nothing until september when LL finally answered his phone and said he had left our deposit with an agent, so we went to get it. Instead of just the cleaning as agreed he made almost £200 of deductions which had not been agreed, and still has not provided any receipts or evidence for his claims.

We have now found while trying to dispute the amount that he did not even use a TDS despite the new AST in september 2007.


What would be the best way to resolve this?

[jeffrey]

I moved into a property in september 2006 with an 11 month AST. The tenancy was then renewed with a new 11 month AST from september 2007.

Er, first letting of 11 mths. expired in August 2007. Why did second letting not begin then?

[rubix]

Renting property while at university so LL uses 11 month ASTs from september to appeal to students going home over the summer who dont want an extra months rent.

We did however still pay the LL to allow us to keep our possesions in the property.

[rubix]

If you do it any other way (eg contracts running out in September) the tenants will be moving out in May/June time and you will NEVER see the rent for July, August and never mind September.

This is a very unfair generalisation. It is only a minority of students who would do this, so why apply it to all students? It is like claiming ALL landlords will try to cheat you of your deposit, which is not true.

[mind the gap]

I agree. I let to students and so far they have all paid their rent (a bit late in some cases when waiting for loans) with only one case of chronic late payment. I run tenancies either from 1 Sept to 30 Aug or beginning July to end June, with twelve months' rent payable either over ten months or in three equal instalments at starts of terms.

I usually (but not always) end up having to charge them for extra cleaning, but they are generally honest and reasonable about any deductions made.

If OP's landlord did not put their deposits in the TDS they can file a claim against him online. Was there a properly agreed and signed inventory at start and end of tenancy proving the state of the house? If not, LL will most likely be required to return full deposit.

[rubix]

The only inventory provided was an unsigned sheet of paper with a list of contents and no regard to condition.

[mind the gap]

The only inventory provided was an unsigned sheet of paper with a list of contents and no regard to condition.

Sounds like you've got him over a barrel, then! Write to him and advise him that unless he returns it in full, you will press 'send' on your claim - attach a copy. Mention that he was breaking the law by not protecting your deposit under the TDS and that you are claiming 3x the deposit, as is your right.

This should probably be enough to persuade him to return it.

[rubix]

Thank you for the advice.

As the LL thinks he is right to not use a TDS, would anyone know the name or reference number of any similar cases that have gone to court for us to show him he is wrong.

[mind the gap]

Thank you for the advice.

As the LL thinks he is right to not use a TDS, would anyone know the name or reference number of any similar cases that have gone to court for us to show him he is wrong.

Because it's a fairly recent change in the law, there is very little in the way of legal precedent yet, but the law is clear and he probably knows that.

It's not up to you to prove to him he needed to use the TDS. It's his cock-up/his conspiracy, his problem. Just tell him you intend to recover your deposit (x3) through the small claims court unless he returns it within 7 days.

[jeffrey]

I run tenancies either from 1 Sept to 30 Aug or beginning July to end June, with twelve months' rent payable either over ten months or in three equal instalments at starts of terms.

The 'termly' rents could be a problem- ground 8 does not cover them.

[mind the gap]

The 'termly' rents could be a problem- ground 8 does not cover them.

That's interesting, thanks. However, paying termly works so much better for some students (than, for example, quarterly), because their loans come in three chunks and they can get the rent 'out of the way' while they have that money, then forget about it until the next instalment.

I'm surprised it has been omitted from ground 8 as so many students rent using ASTs and universities always use this system for their accommodation.

In practice, the ones who pay termly have proved (in my experience anyway), to be the most reliable/prompt payers, so I'm not too worried about being unable to evict them on those grounds.

Thank you for pointing it out, all the same.

[jeffrey]

Why not just:
a. divide yearly total into three; and
b. reserve rent quarterly (so within ground 8's scope)? First one-third payment at commencement; second + third ones quarterly thereafter.

[mind the gap]

Why not just:
a. divide yearly total into three; and
b. reserve rent quarterly (so within ground 8's scope)? First one-third payment at commencement; second + third ones quarterly thereafter.

Thou do bear a brain. But what do you mean exactly by 'reserve rent', please?
(Might I be doing that already if they pay in September, January and April?)

[jeffrey]

Thou do bear a brain. But what do you mean exactly by 'reserve rent', please?
(Might I be doing that already if they pay in September, January and April?)

"Reserve" rent simply means 'provide for rent to be payable'.

You therefore specify (in Tenancy Agreement) that rent is due quarterly:
a. on day1, the term commencement date, @ one-third of year's total;
b. three months thereafter (excluding day1), for next one-third; and
c. six months thereafter (ditto), for final one-third.

Result: you would now have chance to use ground 8, option (c):
"if rent is payable quarterly, at least one quarter's rent is more than three months in arrears".

[mind the gap]

"Reserve" rent simply means 'provide for rent to be payable'.

You therefore specify (in Tenancy Agreement) that rent is due quarterly:
a. on day1, the term commencement date, @ one-third of year's total;
b. three months thereafter (excluding day1), for next one-third; and
c. six months thereafter (ditto), for final one-third.

Result: you would now have chance to use ground 8, option (c):
"if rent is payable quarterly, at least one quarter's rent is more than three months in arrears".

Good wheeze. Cheers!