Tenancy Deposit Scheme

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    Tenancy Deposit Scheme

    Hi all,

    Could really do with some guidance.

    I have set out the background of this scenario but the ultimate question relates to landlord non-compliance with the Tenancy Deposit Schemes. If you have expertise in this area, please bare with the lengthly narrative!

    My partner and I completed our tenancy of a shorthold rental on 30 November 2009. At this point we had had no problems with our landlord. In fact they had been very helpful allowing us to extend our tenancy by a month because i was undergoing professional exams at the the time the original tenancy was due to end.

    The inventory clerk on the day of the checkout stated we had cleaned and lef tthe flat in a very good condition and only highlighted some exceptionally minor issues (approx £40 worth).

    However, about a week later the landlord called us and asked about some 'scratches' on the kitchen units. We agreed to return to the property to take a look. There were indeed some very fine scratches on the kitchen units, presumably caused by a piece of grit on a cloth.

    The landlady had moved back in (she was no longer in a relationship with the landlord) and this issue was being raised post inventory checkout. I now realise that i should have denied all knowledge of these scratches but being of high moral integrity i felt that it was likely we caused the damaged and therefore agreed to consider contributing to the costs.

    I received a quote for £200 to polish the doors and hence offered £100 (50% costs) plus the contractually agreed inventory cost of £87.75.

    The landlords went quiet and when i persued them they told me the cost of repairing the damage was now £425 (polishing the doors may damage them further so replacing the doors was now the best option - alledgedly) After some dispute we agreed a settlement of £287.75 all inclusive. I only agreed to this amount in order to get the matter resolved quickly - i still dont believe the 'damage' warranted this financial outlay on our part.

    Since then there has been no correspondence. I wanted to get the ball rolling so tried to find out where our deposit was held so i could begin the release procedures. I contacted all 3 of the government backed schemes and none them had received the £1,015.00 deposit.

    I understand that this is illegal and that the maximum penalty is 3x our deposit (£3,045). I would like to know what chance i have of winning a county court case against our landlord.

    My intention is not profiteering. I began this process, naively thinking i could be a 'sound' tennant and keep the relationship friendly. Our landlords have made this so difficult that I now feel i have little option but to take them to court.

    Anyone's informed opinion would be most welcome - thanks for persevering in reading this!


    You should post this in the correct forum, this bit is for tech questions.

    On the face of it you would have a good chance of recovering all your deposit. It's too late for your LL to comply with the legislation now that the tenancy has ended.

    Try sending a letter before action (LBA), stating your intentions, claim back the full deposit. If you have no response go ahead with a claim.

    Be aware that, should you lose, you may be exposed to the costs of the case. There are many threads describing how to do it.
    I offer no guarantee that anything I say is correct. wysiwyg



      Clearly my first ever post on here - hence the ignorance of where to post what - will try creating the same thread elsewhere!


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