Desperately need help with claiming deposit back

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    Desperately need help with claiming deposit back

    I moved out of a rental house just over a week ago and have contacted the letting agents to get my deposit back. They have protected the deposit with TDS and I did NOT sign an inventory when I moved in.

    I had an email back from the Letting Agency stating the following:

    1. The property needs a thorough deep clean from the dog.

    2. In addition to this, the paintwork hadn't been finished when you decorated.

    3. There was A LOT of furniture and unwanted items left around the house and in the garage in particular.
    you were advised prior to vacating that you MUST supply us with your forwarding address and proof all ALL utility bills and council tax liability in your new address.

    Until this is all supplied, the Deposit will remain where it is.
    Now to address these points individually:

    1. There was no dog living at the property and the only dog that entered the property was a little Yorkie that belonged to my fiancé and Yorkies don't malt or anything.

    2. The paint work wasn't finished because a piece of Coving fell off the ceiling and I was waiting for that to be repaired.

    3. ALL furniture and 'unwanted items' that were left in the house and shed (there's no garage at the property) were there when I moved in, therefore why is it my responsibilty to remove them when I move out?

    4. The utility bills are ALL in my name so why should it make any difference to the landlord or letting agency whether they're paid or not? The utility companies will chase me not them as debts follow the person and not the property.

    Can anyone offer me any advice? I was always under the impression that because I had not signed an inventory (wasn't even given one to sign), that they couldn't deduct anything from my deposit for anything other than unpaid rent.

    I really need advice about what to say to the letting agency as they've requested any further communication to be in writing.

    Thanks in advance.

    #2
    I think you should reply the way you have worded it above.

    Is the deposit protected? do you have a certificate?

    Its up to the LA/LL to prove you made the damage etc and if they cannot prove it then they cannot take any deductions from your deposit without your authority.

    Write back to them stating that you dispute their points and the reasons why and that you expect them to repay the full deposit monies in the timescale stated in your TA or ask them to take it to arbitration via the TDS/DPS/whoever protects deposit.

    You should send all letters recorded delivery and keep a note of all conversations/emails etc for your records.

    Hope this helps

    Comment


      #3
      Thanks for your reply.

      The deposit is protected with TDS and I do have the certificate.

      My concern is that if I address 1 and 2 as above, will that use that as me admitting that I caused the issues (the paint in particular).

      Also can anyone confirm my stance re the utility bills?

      Thanks again

      Comment


        #4
        Originally posted by gdr22584 View Post

        Now to address these points individually:

        1. There was no dog living at the property and the only dog that entered the property was a little Yorkie that belonged to my fiancé and Yorkies don't malt or anything.
        Yorkshire terriers may be small but I am sure they still shed hair and can still cause asthma attacks/allergic reactions.

        2. The paint work wasn't finished because a piece of Coving fell off the ceiling and I was waiting for that to be repaired.
        Not sure why you were redecorating a rental property??

        3. ALL furniture and 'unwanted items' that were left in the house and shed (there's no garage at the property) were there when I moved in, therefore why is it my responsibilty to remove them when I move out?
        It isn't.

        4. The utility bills are ALL in my name so why should it make any difference to the landlord or letting agency whether they're paid or not? The utility companies will chase me not them as debts follow the person and not the property.
        Correct. Except perhaps for council tax - they can pursue the tenant or landlord however they see fit.

        Can anyone offer me any advice? I was always under the impression that because I had not signed an inventory (wasn't even given one to sign), that they couldn't deduct anything from my deposit for anything other than unpaid rent.
        Not necessarily. It depends firstly on whether the contract states that repairs/cleaning etc can be deducted from the deposit, and secondly on whether the landlord can prove he has suffered a loss due to a breach of the contract. Without a signed inventory check-in, he may struggle to do so, but the point is it is not a given that he cannot make deductions without one.

        If you can't agree on the deductions with the LL, then raise a dispute with the deposit scheme.

        Comment


          #5
          Point of information: Yorkshire Terriers, like poodles do NOT moult. That is one of their advantages in rental properties!
          Of course if you have a tenant, like I did, that forgets to let her Yorkie outside as necessary, then you may have another problem!

          P.P.
          Any information given in this post is based on my personal experience as a landlord, what I have learned from this and other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person.

          Comment


            #6
            Originally posted by westminster View Post
            Yorkshire terriers may be small but I am sure they still shed hair and can still cause asthma attacks/allergic reactions.

            Not sure why you were redecorating a rental property??

            It isn't.

            Correct. Except perhaps for council tax - they can pursue the tenant or landlord however they see fit.

            Not necessarily. It depends firstly on whether the contract states that repairs/cleaning etc can be deducted from the deposit, and secondly on whether the landlord can prove he has suffered a loss due to a breach of the contract. Without a signed inventory check-in, he may struggle to do so, but the point is it is not a given that he cannot make deductions without one.

            If you can't agree on the deductions with the LL, then raise a dispute with the deposit scheme.
            Originally posted by P.Pilcher View Post
            Point of information: Yorkshire Terriers, like poodles do NOT moult. That is one of their advantages in rental properties!
            Of course if you have a tenant, like I did, that forgets to let her Yorkie outside as necessary, then you may have another problem!

            P.P.
            Thanks P.P. for confirming that. Another point re the 'required deep clean due to the 'dog'. The house had laminate flooring in any area where the dog was allowed (upstairs was carpeted but the dog never went upstairs).

            I was decorating because the LL gave their permission to as when I moved in the wallpaper was hanging off the walls. Therefore, I can't see how a bit of paint on skirtings etc can be any worse than that?

            Point taken about council tax and I'll contact them today.

            Comment


              #7
              You can notify the council that you have moved out of the property, and tell the agency that they can do the same.

              You don't need to be liable for council tax or utility bills in a property you live in, so this request is unfair.

              How did they know a dog was there?
              Allow tenants to protect their own deposits. I want free money when they do it wrong

              Comment


                #8
                Thanks for all the advice so far. I have sent the letting agency an email again, requesting a copy of the inventory. Then when they tell me there isn't one, I can inform them that in that case, I will be disputing any deductions from my deposit.

                EDIT: I have just had a look at the tenancy agreement and have found the following:

                We let the property out at [address] to you, as well as the furniture, fixtures and household belongings that are on the list that you and we signed
                However, no list (inventory) was signed.

                Comment

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