deposit issues

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    deposit issues

    hello! sorry for the long post, im looking for some help. i moved into a new house and swiftly had to move back out.

    list of Property problems.

    Incorrect light fixings inside bathroom. Electric shocks HAD occurred whilst in property. Both Landlord & Agent advised (times as dates will be shown below)
    The Agent was advised of this 2 times before the electric shock had taken place. Once the shock had taken place the agent was advised on the day. No action was taken to resolve this. Agent was advised a further 4 times and replied by telling us that if we wanted it changed then we would have to fund it ourself.

    Plug sockets in bathrooms with access to water.
    Advised the Agent and we were told that we were being silly and that the water would not be able to reach the area. When they were advised that the area had to be wiped down a few times already.

    Damp & Mould Rising throughout the house.
    Damp was rising in the living room, both upstairs bedrooms and in the bathroom in separate locations. agent was advised of this numerous times and we were advised that we had to sort it out ourself and that nothing could be done about it. There was mould growing all throughout the house in numerous locations. When the landlord was contacted about it he said that it was not his problem and that we were being fussy. Environmental health were contacted to try and resolve the situation but agent promised it would be sorted. Which it never was.

    Boiler NOT working during winter months.
    No heating / Hot water supplied to the house. Pipes were leaking in areas causing wooden shelving to break away. This took the landlord 24 days to fix. 1 small heater was provided to heat a 3 floored, 2 bedroomed house. This was not adequate. When the boiler engineer came, he further broke the boiler which allowed for heating but still no hot water. This was a further 24 hours without water.

    Walls in bedroom so damp ridden that the paint ran off the wall.
    During the signing of the tenancy, we agreed that we were happy to move in as long as the landlord permitted us to paint around the house. As the bedrooms were currently painted bright yellow & green. He gave his permission for this & we started to paint the walls in the upstairs forward bedroom. The three walls on the inside of the house dried within 4 hours. The outside wall did not dry. It was left for 16 hours before we started to question why it was not drying. After leaving it for a while with the house heating turned on. To our horror the paint had completely ran down the wall. After seeking advise on this, we were told that this was an issue due to damp.
    Dry paint next to front door had also become wet from the damp. This was also a damp issue.

    There was also minor problems with the house as listed below:
    Doors not fitting into frames properly
    ALL plug sockets not earthed at all.
    Water through house didn't run properly. 3 floor house, if water ran on bottom floor then no other taps would work.
    Landlords property left in house. Consisted of alot of rubbish, microwave oven, bath, garden tools etc. Which were not taken.
    No Inventory for the property was given until 10th December, Still with in-corrections. Which to this day are still not corrected.

    Please take in to account that all of the above issues were never resolved.

    During the time when we had these problems we visited The agent to explain problems and try to rectify them and explain to the agent that we were very unhappy in the house. See below a list of dates and times where the agent was informed of this.

    2nd November - 1 hour in agents store
    5th November - 1 hour 45 mins
    9th November - 2 hours 10 mins
    10th November - 1 hour 30 mins
    16th November - 1 hour 40 mins
    19th November - 1 hour
    22nd November - 1 hour

    As you can see alot of time was put into co-operating with the agent & Landlord, Above are just some of the times that are documented but many more visits & phone calls have taken place. We also agreed to meet with the landlord so he could come to the house and see the problems and we could come to an agreement. A date and time was agreed but the landlord failed to attend. Meetings were also arranged 3 times for us to talk with the landlord. Which he refused.

    Due to our high list of problems with the house the landlord had told the agent he WOULD AGREE to completing a 'Surrender of Tenancy' which both party's then seemed happy with. This was agreed on 19th November between agent and Tenants. Before this it was verbally confirmed by phone call between the agent and landlord. We advised agent that our last day in property would be 28th November 2015. Which agent verbally agreed.
    The agent started to do inspections on the house and gave us a list of things that needed to be sorted. Which were completed the following day.

    The agent had agreed to draw up a document to agree this. So we could then leave the house. Both tenants had advised the agent that because the surrender had been agreed we would move out of the house to allow for viewings to take place. Proof of the agreement can be provided.

    After the move had taken place, we agreed to meet up with the landlord and agent to sign all the documents. The landlord failed to come, instead called the agent and told her that we were unable to leave the property until another tenant had already been found. However all of our items had been taken out of the property and the keys were returned a week later.

    To this day we have no access to the property as the keys are with the Agent, but we see that the agent has moved new people into the property which we have had no notification about. They are also requesting as you know that they take 100% of the deposit. The deposit that he is requesting is for unpaid rent. This is being disputed due to the fact that all maintenance issues caused by us were all fixed & the landlord had moved somebody else into the house so there was no loss of rental.

    My question, the landlord is requesting for 100% of the deposit due to rent arrears. Can this be disputed with the DPS because of all the issues? or am i trying to fight a losing battle?

    thanks alot!

    Was the deed of surrender signed? If so by whom and when?


      The damp issue sounds horrendous. Although water running down the walls gives me the impression of condensation! How did the Landlord manage to re let the property in this state?


        Get in touch with the DPS, if you are able then raise the dispute... simple. You don't need anyone here to tell you that you can, or can't.


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