Landlord refusing any deposit

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    Landlord refusing any deposit

    Hi so I rented a property from my last landlord. I had no problems with him for the 12 months that I was there and no missed payments. Everything was on time and I only contacted him once because the bath leaked into the kitchen which was fixed in a few days.

    I had given a £700 deposit that was protected from the beginning through the estate agent {Mod - company name removed}. After moving out the landlord didn't contact me about the deposit at all. I call him 3 weeks later asking what the situation was for the deposit and he said he's not willing to give anything back, I said why and he said come to the house and I'll show you. So I arranged to come on the weekend.

    When I came the landlord says the house was dirty and needed cleaning, I said but it was dirty when I moved in, I asked for it to be professionally cleaned and the landlord refused. The LL said yea but it wasn't this dirty I said where is it that dirty he said the outside windows where filthy and needed cleaning.

    There is also a iron mark in one of the bedrooms that my mum did, but the carpet looks pretty old. This is only one bedroom. In the kitchen there was some damp in one of the corners which I put damp proof paint, not the greatest job but it was done.

    Also on the kitchen top there is a mark from a pan that my mum left also. It's barely noticeable until you go up close.

    After I met him he said I will be claiming the entire deposit and more from you as a bit of a threat. I just wanted to know if he is fair in receiving more and should I just pay extra? I'm really not sure.

    I've attached images to the problems the LL has stated. Please let me know if he is fair or I should try and claim back. Thanks

    DSC_0008.jpgDSC_0009.jpg

    #2
    DSC_0013.jpgDSC_0015.jpg

    A couple of other images.

    Comment


      #3
      Was the deposit protected in an insured or custodial scheme?

      In essence, you go to the website of the company who have protected your deposit and ask for it back (less whatever you think is reasonable compensation for the issues you accept).
      If the landlord doesn't accept your "suggestion", use the protection company's dispute resolution service to resolve your issues.
      The landlord will have to prove that there is a loss in the value of their property, that it is beyond fair wear and teat and happened while you were the tenant.

      For info, the landlord can claim more than the value of the deposit, but, unless you agreed to pay them, they would probably have to sue you to get the money they claimed.
      And the courts would require the same level of proof as the deposit company.

      I've ignored the kitchen unit fronts and drawers...
      When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
      Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

      Comment


        #4
        I was told by {Mod - company name removed} that it was protected. I have no other info than that at the moment but I can find out tomorrow. I called them on Wednesday last week when I asked for the deposit back and they said if the LL agrees than you can get it in your account within a week. Not sure who it's protected with though. I said what if the LL has issues with the property and she said then it'll go into dispute but could take around 3 months to resolve.

        Comment


          #5
          You should have received the information you are missing within 30 days of the landlord or agent receiving the deposit.
          It'll be a bundle of documents headed "Prescribed Information" and have somewhere for you to sign to say you've received it.

          It says where the deposit is protected and with whom.
          You should also have received a reference number allowing you to access the protecting company's web site.

          If you want to find out where it is, have a look here - http://england.shelter.org.uk/get_ad...eposit_schemes
          When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
          Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

          Comment


            #6
            No I never received or signed for anything like this. If I call {Mod - company name removed} tomorrow and they say that this information is not available, for instance if they kept the deposit themselves then what case do I have?

            Comment


              #7
              Giving you the prescribed information is a legal requirement.

              If you paid the deposits to the agent and they protected it and didn't give you the Prescribed Information that's a big mistake to have made.
              If you gave the deposit to the landlord (or the agent did) and he didn't give you the Prescribed Information, likewise.

              If the deposit wasn't protected, or the Prescribed Information not given to you within 30 days of receipt I suspect your landlord isn't in a position to withhold anything at all and will simply return the deposit in full rather than risk you doing anything about their failure to do things properly.

              Also, please don't use real company names on the forum, it's not helpful to keeping the site up and running!
              When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
              Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

              Comment


                #8
                Your mum is very careless.
                She needs to respect peoples property that she is renting.
                Allow tenants to protect their own deposits. I want free money when they do it wrong

                Comment


                  #9
                  Why are all the doors off the kitchen units? Was is like that when you got the property?
                  Any advice I give is my opinion and experience, I am as you also learning.

                  Comment

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