Ongoing saga - Crazy deductions from deposit!

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

    Ongoing saga - Crazy deductions from deposit!

    Hi

    I posted a thread originally in the wrong section (Letting Agent Questions) so have made sure I'm on the right one now! Basically son and friend having major problems in getting deposit back from previous Letting Agents. They moved out of the property nearly 12 weeks ago!! Agents claiming various (totally disputed) 'dilapidations' which seem to be growing daily...There was no Inventory whatosever. My son is still with same Letting Agents in new apartment, and no Inventory there either! Agents have already taken a large chunk of their deposit money without any permission to replace various items including charging them 40% for the cost of a whole new lounge/diner carpet which had a small burn in one corner. My son and friend have pointed out that as there was never any Inventory then there is no case for dilapidations, and said they would take landlords to Small Claims Court unless the full deposit was returned. The Agents first replied and stated 'you would have been given a copy of the Inventory when you moved in' - no they didn't! Now they are saying 'a copy of the Inventory was given to you when you signed your Tenancy Agreement, and it said on it that unless it is signed and returned to us within 48 hours then we take it that you have agreed to it. This is a complete lie. Strangely enough they did not include a copy of the Inventory with this letter -as there isn't one!!! My son and friend are pretty sure they have a watertight case to take landlords to Small Claims Court, and have the forms ready to submit. A further complication (sorry this is getting a bit long winded but they need to make sure they have their facts right) is that my son is with same Letting Agents now in a new property and he has a signed and dated receipt from Letting Agents confirming that his half of the deposit from the previous property has been transferred over to his new apartment. His current AST states his deposit is held by the agents as Stakeholder - as I understand it this means they cannot touch that money without his prior written agreement, yet they are saying they have taken a large chunk of it to pay for these dilapidations, and he now needs to make up the deposit!

    Advice gratefully received and thanks for reading!
    Irate Mum

    #2
    No inventory = no basis for assessment. Issue porceedings through the small claims court to recover the whole of the deposit against the landlord not the agent.
    The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

    Comment

    Latest Activity

    Collapse

    • Reply to MCOL & PCOL
      by OS7
      Just to close of this thread : telephone hearing took place and after a lengthy hearing - the defendants application to set aside CCJ was dismissed and a CCJ with an instalment order was ordered by the Judge. He said he saw no real prospect of the defendant defending the claim, however to resolve he...
      30-11-2021, 05:44 AM
    • MCOL & PCOL
      by OS7
      Hello Everyone,

      Via Section 21,i have recently been granted a possession order for my property to happen in middle Jan 2021. The tenants are claiming housing benefit and they owe rent arrears and monies just under £7000 - I have applied for MCOL and now currently waiting to request judgement...
      04-01-2021, 14:16 PM
    • Reply to Am I a lodger or a tenant?
      by AndrewDod
      Even if you are an AST "tenant", you are tenant of Sarah, not a tenant of Sarah's landlord. If Sarah ceases to be a tenant that does not make you a tenant of Sarah's landlord (nor does any deposit you paid to Sarah have anything to do with Sarah's landlord).

      Sarah's right of...
      29-11-2021, 23:05 PM
    • Am I a lodger or a tenant?
      by Bert1e
      Hello, I have a question about my legal status in private rented accommodation.

      I live in a private rented house. The entire house is rented from the landlord by one individual (let's call her Sara). Sara has a bedroom in the house and a lot of stuff in the cupboards all around the house....
      28-11-2021, 12:13 PM
    • Reply to Section 21 and Gas Certificate
      by jpkeates
      There's not normally an issue with the gas certificate timing other than the very first one.
      That said email is not how you give people documents like that, unless the tenant has agreed to be served them by email.
      29-11-2021, 18:16 PM
    • Section 21 and Gas Certificate
      by Mr. Sparkle
      About 3 weeks ago I had a gas certificate issued.

      I forgot to email the tenant a copy of the document.

      I plan to evict the tenant with either a Section 8 or 21 and want to know whether there is any issue regarding the delay to give the tenant the gas cert?

      There...
      29-11-2021, 14:15 PM
    • Reply to Section 21 and Gas Certificate
      by theartfullodger
      No idea if the GSC you have is OK or not (1st place, you don;t say) or what the timing is for when it should be served. So difficult to answer.

      But...


      s8 not an issue

      s21 see
      https://nearlylegal.co.uk/section-21-flowchart/

      - there's...
      29-11-2021, 17:50 PM
    Working...
    X