Ensuring complete return of deposit...

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

    #16
    Originally posted by mind the gap View Post
    Assuming the LL/LA have provided you with the prescribed information relating to your deposit protection with DPS, contact the the DPS and tell them you wish to raise a dispute. Then the scheme arbitrator will look at your LL's claim and your defence in the light of any evidence (the onus will be on your LL to prove his proposed deductions are justified), and decide who gets what.

    It may well be the case that you get the whole deposit back - especially if you have photos to show what state you left the property in when you left.
    I am inclined to believe they have not done any cleaning in the property, especially as I had to ask them to get a cleaner in to clean the bathroom floor and bath (and to come back and do the bath again as they hadn't done it the first time) and much of the property was dirty when I moved in - noted as dirty on the inventory. There was also a disgustingly dirty bath mat and wooden after shower drainer thing that was literally stuck to the floor with filth that their cleaner just washed around and after I lifted it I was treated to a quantity of the previous resident's body hair.

    Comment


      #17
      Originally posted by marcusfox View Post
      I am inclined to believe they have not done any cleaning in the property, especially as I had to ask them to get a cleaner in to clean the bathroom floor and bath (and to come back and do the bath again as they hadn't done it the first time) and much of the property was dirty when I moved in - noted as dirty on the inventory. There was also a disgustingly dirty bath mat and wooden after shower drainer thing that was literally stuck to the floor with filth that their cleaner just washed around and after I lifted it I was treated to a quantity of the previous resident's body hair.
      Er...thank you, we get the idea!

      It will hinge on what the LL can demonstrate the property was like when you moved in and to what extent (if any) it had deteriorated by the time you left. He cannot deduct for fair wear and tear, nor for damage he cannot prove you did, nor for cleaning which made it better than it was when you moved in.

      As I said, if you have evidence disporving his claim, so much the better.
      'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

      Comment


        #18
        Originally posted by mind the gap View Post
        Er...thank you, we get the idea!

        It will hinge on what the LL can demonstrate the property was like when you moved in and to what extent (if any) it had deteriorated by the time you left. He cannot deduct for fair wear and tear, nor for damage he cannot prove you did, nor for cleaning which made it better than it was when you moved in.

        As I said, if you have evidence disporving his claim, so much the better.
        Unfortunately I do not have a detailed photographic record of the initial condition of the property.

        Comment


          #19
          Landlord not returning deposit

          shame to hear of this sort of thing: only damages standing of landlords generally with the general public.

          Comment


            #20
            Originally posted by marcusfox View Post
            Unfortunately I do not have a detailed photographic record of the initial condition of the property.
            Does the LL?

            If not, and all the inventory says is that the property was in a dirty condition when you took possession of it, then I think he will struggle to convince an adjudicator that he is justified in deducting for cleaning.
            'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

            Comment


              #21
              Indeed, still I can't imagine how a "light clean" is going to cost anything near £90 in the first place - I could have had the place cleaned and repainted professionally for maybe a bit more than that, it's not as if it's a multibedroom house, but a one bedroom flat.

              Comment


                #22
                Originally posted by marcusfox View Post
                Indeed, still I can't imagine how a "light clean" is going to cost anything near £90 in the first place - I could have had the place cleaned and repainted professionally for maybe a bit more than that, it's not as if it's a multibedroom house, but a one bedroom flat.
                In that case the adjudicator may well throw out the claim on the grounds that your LL is just being greedy. £90 represents about 7- 9 hours' cleaning time. If he cannot persuade the arbitration service that 7-9 hours' cleaning was necessary, then you will probably get the £90 back.
                'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

                Comment


                  #23
                  Originally posted by mind the gap View Post
                  In that case the adjudicator may well throw out the claim on the grounds that your LL is just being greedy. £90 represents about 7- 9 hours' cleaning time. If he cannot persuade the arbitration service that 7-9 hours' cleaning was necessary, then you will probably get the £90 back.
                  That's why I was thinking of asking the agent for copies of the invoices for the work done, as I feel it's a made up job that they know is going to be hard for anyone to disprove was necessary.

                  Comment


                    #24
                    They have just sent me the invoice that I requested - £7 for a lightbulb and £70 for cleaning - a general light clean of the property including the oven (which I never even used, but cleaned along with the rest of the property), and the cooker hob top, along with the fridge - plus VAT.

                    On my inventory, every item in the property is listed, and where there is a light or other fixture, it is also listed on the inventory. All the items mentioned on the inventory were checked in turn according to their place on the list, as you would expect to do when following a checklist of items. It therefore follows that items not listed on the inventory would not be checked, particulary if you had a limited amount of time to check the whole inventory.

                    It turns out that recessed into the bottom of the kitchen cabinets (simply marked as "wall mounted kitchen cabinets - fair condition" on the inventory), there are downlighters. One of these was not working, and I'm fairly sure it was not working when I first discovered them, albeit some time after I had handed in the inventory. At the time of discovery it did not strike me that I had not checked these and that they were not listed, and in any case, the inventory had been submitted.

                    There were several instances where lights were not working when I moved in, and these, where listed, were marked as such on the inventory. The contract says that I am liable for replacing lights when they fail, yet it was not done for when I moved in, in almost half a dozen cases around the property. I have not been charged for these, whether or not they have been replaced for the next tenant, I don't know.

                    So am I liable for the replacement of a downlighter which wasn't checked because it wasn't listed on the inventory?

                    Comment


                      #25
                      if its not on the inventory then they cannot charge for it. simple as

                      The procedure for using deposit money should be

                      1. LA writes to you to inform you of what they intend to deduct.
                      2. YOu write back and confirm you dont wish these deductions to be made.
                      3. Lodge a dispute with DPS/TDS whoever its with....LA gives you back undisputed amount whilst arbitration decides who gets the other money.

                      they should never be doing the work without your permission.

                      do what MTG says and lodge dispute the TDS/DPS and go from there..

                      Comment


                        #26
                        Well, I appear to have won the dispute - I contacted the arbitrators as the adjudication looks to have been decided at the end of last month - but the person on the phone told me to call back next week as "they are having trouble getting the money from the agent".

                        What does this mean exactly? The same as a county court case that you win, but you still don't get your money because the person doesn't want to pay up and there's nothing you can do to force them to pay?

                        Comment


                          #27
                          No. An arbitration award (AA) is enforceable by Court proceedings. Provided that the defendant is a "won't pay" rather than a "can't pay", AA and County Court Judgment in favour of the claimant/plaintiff enable extraction of funds from the recalcitrant defendant.
                          JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                          1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                          2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                          3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                          4. *- Contact info: click on my name (blue-highlight link).

                          Comment

                          Latest Activity

                          Collapse

                          • Reply to Options if eviction ban is not lifted
                            by jpucng62
                            Or issue a MCOL for the arrears - especially if he has the money to pay - and keep issuing them every time he's in arrears.

                            Good Luck ...
                            16-04-2021, 13:35 PM
                          • Options if eviction ban is not lifted
                            by Perce
                            Hello All

                            I am waiting for an eviction ban to be lifted but as time goes I lose hope that it will happen in the near future or ever. What then are our options to get our property back if the tenant never moves out ? My tenant won’t move out until bailiffs evict him. I have PO based...
                            16-04-2021, 10:07 AM
                          • Reply to Options if eviction ban is not lifted
                            by nukecad
                            If you are sure that he will pay the arrears if you issue an s8 then issuing that s8 seems an obvious move to me to get some money from him.

                            TBH I'm not sure that issuing a new s8 would cancel your existing s21 PO anyway? Someone with more legal eviction knowledge may comment on that....
                            16-04-2021, 13:31 PM
                          • Reply to Options if eviction ban is not lifted
                            by Perce
                            Slackjawedyokel - thanks. Optimism help as there is no other option.


                            I have made an offer/present to my T. to cancel many months of arrears for many thousands. Dead silence. So more ccjs to follow.

                            Good luck with the jab !...
                            16-04-2021, 12:43 PM
                          • Reply to Waste disposal
                            by Hudson01
                            A fine !!!! What are you classed as, the carer for your tenant now

                            They are mad. Just tell them to jog on and stop bothering you....
                            16-04-2021, 12:09 PM
                          • Waste disposal
                            by Codger
                            I have just spoken to a council officer who is trying to blame me as the landlord for tenants who put bulky waste into domestic bins.
                            Given that the council collects tax from the tenants should not they approach the tenants first?
                            What can a landlord do about messy tenants who do not follow...
                            16-04-2021, 10:47 AM
                          • Reply to Options if eviction ban is not lifted
                            by Slackjawedyokel
                            I continue to keep my fingers crossed 🤞 (although that does make typing on a touch screen difficult!)

                            I’m just hoping that the relaxation of lockdown goes well, as does the rollout of the vaccine (off for mine in about an hour), and that the Govt has no reason to continue with the...
                            16-04-2021, 11:57 AM
                          • Reply to Estate Agent fees
                            by ash5050
                            You are asking for management, if you just want them to find you a tenant they'll probably do that for a flat fee instead
                            16-04-2021, 11:55 AM
                          • Estate Agent fees
                            by Affinity
                            Hi.
                            I need to find a new tenant for my one bedroom flat. As I have a new job and have little time to find tenants etc I have approached an estate agent.
                            Does it sound reasonable to you getting charged 9 per cent +vat monthly for the management of the property (which also includes fee...
                            15-04-2021, 21:39 PM
                          • Reply to Estate Agent fees
                            by DPT57
                            Is the agent any good?...
                            16-04-2021, 11:52 AM
                          Working...
                          X