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Landlord deposit issues!

(20 Posts)
MetalLaLa Thu 07-Jul-16 08:47:51

In need of some advice regarding our landlords refusal to return our (unprotected) deposit at the end of our tenancy. We've moved into a new property and all is good with that in terms of deposit being protected.

Our landlord came to inspect the property on day of key handover on Friday, commented it looked fine, even the oven was cleaner than the professional who did it prior to us moving in. However we got an email from the other landlord yesterday (husband and wife) who said the house was disgusting, nothing clean, leaky toilet (which we did report twice, they have a homecare plan with BG who did what they could and we kept all paperwork) and we do have photos of the house being clean. They are trying to deduct from out deposit costs for cleaning, but we have sent them an email and letter using the Shelter template disputing this and also to advise them that as our deposit was not protected, we will take court action if we can't resolve this. Try not to drip feed but the house is up for sale and they wanted to redecorate anyway, but does anyone know what else we can do? Our tenancy agreement had no clause relating to cleaning, just maintenance, so would this change anything? Thanks smile

lalalonglegs Thu 07-Jul-16 08:50:28

You've done the right thing. I believe you can claim up to 3x deposit value if it was unprotected. Keep going down legal route.

MetalLaLa Thu 07-Jul-16 09:22:15

Thanks, they did reply with a message along the lines about 'blackmailing' them with the threat of court action which leads me to believe they really have no clue about tenancy law and the rules around it, which I hope may help us if it did end up going to court. The stress of this is unbelievable sad

OliviaShoo Thu 07-Jul-16 09:27:28

Don't drag it out, don't get into a huge long to and fro of emails/letter/calls.
You've given them a chance to return the deposit, if they don't, then follow through with the court. Its actually a really simple process for tenants, so try to think that it will be over soon, you won't be out of pocket, and it'll get sorted. Try and stay positive, you haven't done anything wrong, its not up to you to prove anything.

DetestableHerytike Thu 07-Jul-16 09:31:48

I love how they accuse you of bad behaviour when it is their own actions that have caused this!

MetalLaLa Thu 07-Jul-16 09:35:12

Tell me about it, when we moved in there was dog urine up the skirting boards and paint all over the utility sink sad they had asked us to buy the house when they told us it needed to be sold but we said no, so I'm just thinking its sour grapes!

specialsubject Thu 07-Jul-16 09:50:17

Law is on your side so use it.

tinymeteor Thu 07-Jul-16 09:54:37

The deposit should have been protected. They don't have a leg to stand on. Being prepared to insist on your legal rights is not blackmail.

The process may be stressful but you are 100% in the right. Don't let them get away with this nonsense or they will rip off the next person too.

MetalLaLa Thu 07-Jul-16 10:02:21

Theyve been using some emotional blackmail on us saying one of their DC has a bug at the moment, which we are sympathetic for but what has that got to do with it? They've had three and a half years to protect the deposit that as AFAIK doesn't cost them anything to do! I apologise for my ranting here on MN but it's very cathartic!

tinymeteor Thu 07-Jul-16 11:10:07

3.5 years? They were legally obliged to do it within 30 days.

https://www.depositprotection.com/landlord-info

DetestableHerytike Thu 07-Jul-16 11:32:19

Bollocks to emotional blackmail. They can make this go away easily by repaying your full deposit - though you probably could still pursue legal action if they did this, I doubt you would,

whois Thu 07-Jul-16 11:34:03

You are 100% doing the right thing. Go down the legal route ASAP as they clearly aren't going to give it back.

Don't get into an exchange of emails with them.

They are right idiots for not protecting your deposit - although always ask for the certifficate as a renter.

The deposit protection scheme is the No 1 best thing to happen to renters in the UK.

MetalLaLa Thu 07-Jul-16 11:38:49

They are tenants themselves in another property so I am curious if they had their own deposit protected - I am wondering if it did go down a legal route we could use that in our case? They can't feign ignorance of the law if their own deposit was protected and ours hasn't.

specialsubject Thu 07-Jul-16 11:43:30

Ignorance of the law is no defence anyway so no need to bother with any of that.

No protection, no deductions. BTW no agreed inventory, no deductions.

MetalLaLa Thu 07-Jul-16 13:39:28

Thank you everyone for the really helpful advice, I've told my DH not to engage if they respond to our latest email with the same rubbish response and just proceed with small claims. I hope they will change their mind once they know we are 100% serious about this.

tinymeteor Thu 07-Jul-16 22:45:54

Good for you. Official advice here, in case you haven't see it yet

https://www.gov.uk/tenancy-deposit-protection/if-your-landlord-doesnt-protect-your-deposit

MetalLaLa Fri 08-Jul-16 22:13:40

Update - we are getting our deposit back in full! My DH received a snotty text message from the landlord saying he would bank transfer it back as he 'can't be arsed with the hassle', I'm thinking he's taken advice and been told to pay up or face the consequences. Very happy this evening and a big relief!

specialsubject Fri 08-Jul-16 22:28:04

Good. That may not actually stop you taking thr legal action, bear that in mind if any more trouble ...

DetestableHerytike Fri 08-Jul-16 22:29:44

Good news! What an arse though!

MetalLaLa Fri 08-Jul-16 22:31:52

I did think that specialsubject but for an easy life I can't be bothered with pursuing them through a court. If they act up though I may be easily persuaded to change my mind!

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