Landlord refusing any deposit

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

    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

                  Latest Activity

                  Collapse

                  • Reply to Tenant in situ
                    by jpkeates
                    It's almost impossible to reset the tenancy with a new agreement.
                    The buyer will inherit the previous tenancy at the same point that they're able to let the property on the new agreement, so any new tenancy is going to be a follow on tenancy.
                    So things that need to be done at the very start...
                    24-01-2022, 14:57 PM
                  • Tenant in situ
                    by Bridge2020
                    I’m looking at buying another property to rent out. The one I’m looking at has a tenant in situ. I have seen a copy of the AST and payments to the agents.
                    Anyone have any experience of this please ?...
                    20-01-2022, 08:29 AM
                  • Reply to Rent a Room scheme
                    by jpkeates
                    You're really going to struggle with that not being a tenancy.
                    If the tenant can lock the door to exclude you, and they could wash in a sink, that's likely to be a dwelling house.
                    24-01-2022, 14:52 PM
                  • Rent a Room scheme
                    by lgr001
                    I have a mobile home next to my property. Do I qualify for the rent a room scheme if I rent out the mobile home but the occupant must use the shower and washing facilities in my house i.e. so that the mobile home is not a separate unit of accommodation? There is a provision by the council that it...
                    24-01-2022, 14:25 PM
                  • Reply to Regulated Tenancy
                    by AVJ113
                    Yep, that's exactly what has happened....
                    24-01-2022, 14:12 PM
                  • Regulated Tenancy
                    by AVJ113
                    I have a basic understanding of regulated tenancy. I'm looking to buy a property with a tenant in situ on a regulated tenancy. In the real world, what are the pros and cons? Is there anyone with any experience?
                    24-01-2022, 13:38 PM
                  • Reply to Regulated Tenancy
                    by DoricPixie
                    How basic is your understanding?

                    From your other thread you are seeing a broker about a BTL mortgage. I think you will struggle to secure a BTL mortgage against a property with a Regulated Tenancy in place....
                    24-01-2022, 14:05 PM
                  • Reply to Regulated Tenancy
                    by jpucng62
                    Unless it is REALLY cheap - don't!

                    I inherited a property with a regulated tenant. The rent can only go up once every 2 years, by a specified amount, although more often if you improve the property, but it will always be cheap.

                    Most tenants have been in a very long time and...
                    24-01-2022, 13:58 PM
                  • Reply to Tenant in situ
                    by Interlaken
                    Agree with above but if the property is in poor condition and the tenant elderly (or could be child of tenant who may be middle aged) then steer clear. I would definitely speak with the tenant.
                    24-01-2022, 13:30 PM
                  • Reply to How to track down landlord
                    by kelbol
                    Emailing means the person may or may not receive it, and if they do, they may or may not reply. I didn't want to wait around to find out if I do get a reply. I wanted to get a phone number.
                    In any case, I managed to get hold of the Landlord via the business. The ball is now in his court.
                    ...
                    24-01-2022, 13:15 PM
                  Working...
                  X