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Original poster

Help with getting back tenancy deposit from dishonest landlord

41 replies

SpaceOK · 21/09/2024 20:37

Hello

I'm after some advice for getting our deposit back from our landlord. We were there for a year and the property is an average 4 bed house.

We moved out a month ago and left the property in the same condition we found it in, bar a few small scuffs to walls and crack induction hob glass top (don't ask, we put a pan on the hob and it cracked!).

We offered £200 towards the induction hob when it happened (2 months ago) but he wanted £1200, so we agreed to resolve the matter when we moved out.

The deposit is £4,000 and he has refused to return any of it. It's held in an insured tenancy protection scheme and we are raising a dispute which he agrees is the best way forward.

Couple of issues I'm worried about. You have to ask for the deposit back and wait 10 days before raising the dispute. We requested our deposit over email, but didn't send a formal letter and explicitly set out all of the things below, like stating our address etc. Do we need to send a letter like the one below? Also the request for the deposit to be retuned was just sent by me and not DH who is on the tenancy agreement (come to think of it, it's just his name on there).

What must a letter to request return of tenancy deposit contain?
A letter to request return of tenancy deposit must contain:

  • The name and address of the tenant sending the letter;
  • The name and address of the landlord or letting agent;
  • The details of the property;
  • The date on which the tenant vacated the property;
  • The deposit amount; and
  • Tenant's preferred method of payment.

Secondly, the landlord did the inventory report himself. We asked for a third party one (verbally, via the agent so no record), but he insisted he use his one which he's written on a Word doc listing all rooms, items etc. Almost everything said 'Like New' or 'Very Good Condition' next to it. We had big time constraints moving in and so I did a cursory look round and sent him a note saying there were actually quite a few marks on the walls and a broken fridge door, but other than that, I signed and agreed his inventory report. He didn't supply and photos and we foolishly only took a few.

He's now claiming all sorts of damage - like a ceiling replacement because of a rainwater leak. There was some water damage to the ceiling (flat roof) when we moved in, but there's no reference to it in the inventory report, and so the landlord wants to charge us for the repairs because we failed to report a leak. (There wasn't any leaking while we lived there).

He's also charged out for his own time at £200 per day for labour to repair everything etc.

So my big questions are, do we need to send the formal letter to request the deposit and, do we have a leg to stand on because we signed his inventory report (He's now produced a raft of photos taken before we moved in as 'evidence' but no photos of the ceilings and he didn't attach these photos to the inventory report).

OP posts:
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Machooda · 13/01/2025 00:43

Have you spoken to the Citizen's Advice Bureau?

Shelter is also a good charity to speak to about your rights.

You need to speak to these organisations about how your landlord rented this property to you. Did the landlord take all of the correct and legal steps to set up the tenancy? Did they provide you with a How to Rent book? Did they protect your deposit within 14 days of receiving it? All of these things matter because if they didn't protect it within 14 days you can claim 3 times the amount back.

Speak to CAB and Shelter and see if they can help. Don't ask on here as your case has escalated and you need expert advice.

Original poster
SpaceOK · 12/01/2025 23:48

Thanks for the advice to date. Our landlord is taking us to court - he now has to get a court order for MyDeposits to release our deposit to him. Can anyone help with template defence forms? I really have no idea how to word our defence.

OP posts:
WiddlinDiddlin · 16/12/2024 23:36

Yes I think he'll need the court order, if it goes in his favour, to get the money out of MyDeposits... so they are holding it in case that happens.

If you have evidence he suggested something that they now say he didn't consent to... I'd send them that evidence!

Original poster
SpaceOK · 16/12/2024 23:02

He should have uploaded his evidence to MyDeposits, but I don’t think he has because we can’t see anything when we log on.

if he has refused ADR (he’s the one who suggested it!) then he won’t have bothered to upload his evidence. He may have been able to access ours though so that gives him some advantage. Though I think he’d have to disclose all his evidence before we get to court.

I will call MyDeposits tomorrow to find out more. What I don’t understand is that their email says the Landlord needs to start court proceedings now, not the tenant. But why would he if he’s kept the deposit? Does he need to obtain a court order for MyDeposits to return it to him?

OP posts:
chouxchoux · 16/12/2024 20:34

OP - where is the LL uploading his evidence - to MyDeposits?

chouxchoux · 16/12/2024 20:31

I’ve been through this recently. Got my full deposit returned in the end, plus compensation.

I would say the landlord refusing to go through MyDeposits arbitration scheme will look very bad on him should he go to court. Deposit schemes are tightly regulated and the arbitration process is very thorough.

Namechangeweds · 16/12/2024 20:31

Spirallingdownwards · 21/09/2024 22:20

I don't think you realise how much induction hobs cost. Ours was well over a thousand in 2014 so £1200 to replace one isn't that bad.

Same here. I bought my induction hob in 2010 it was well over 1000 and I broke it. Very sad and it will cost 1500 to replace now. If a tenant did it I would expect full cost of replacement- not something towards it.
but I’ve had an awful greedy landlord who cheated as a normal way of her living. Hugely wealthy with a property company. The deposit scheme upheld part of her claim even though I had photos to prove everything. She did the checks herself rather than use a third party.
here’s an example- the carpets had lots of moth holes. Loads. This was all noted and photographed and she charged the tenant before us. We lived there for 6 months. When we left she said there were some extra moth holes! So nothing to do with us and nothing happened to the awful carpet when we were there but she managed to get money from me and the previous tenant. That’s just one example. There are loads

Original poster
SpaceOK · 16/12/2024 20:27

No, but that's a good point. I will contact them.

The email we received was from MyDeposits, the company that our landlord used to register our deposits with. They are holding the funds.

OP posts:
justasking111 · 16/12/2024 20:22

SpaceOK · 16/12/2024 20:19

Hello, we had an update today from the company holding our deposit. They say the landlord has not consented to the alternative dispute resolution service (which is odd because it was his idea to go down that route in the first place).

Apparently they will now hold on to our deposit for another 6 months or until the landlord has provided proof he has initiated court proceedings. They will then pay out the deposit according to the court order.

It seems ridiculous that our deposit can be tied up for another 6 months. Has anyone been through this and why would landlord choose court (presumably the small claims court?) rather than the ADR?

Have you spoken to the deposit protection service yourself to check this

Original poster
SpaceOK · 16/12/2024 20:19

Hello, we had an update today from the company holding our deposit. They say the landlord has not consented to the alternative dispute resolution service (which is odd because it was his idea to go down that route in the first place).

Apparently they will now hold on to our deposit for another 6 months or until the landlord has provided proof he has initiated court proceedings. They will then pay out the deposit according to the court order.

It seems ridiculous that our deposit can be tied up for another 6 months. Has anyone been through this and why would landlord choose court (presumably the small claims court?) rather than the ADR?

OP posts:
Original poster
SpaceOK · 25/09/2024 19:21

Appreciate the advice and experiences from everyone. We're going through the process ... it's slow and painful!

OP posts:
RhubarbandCustardYummyYummy · 24/09/2024 10:56

Yeah - he’s trying to pull a fast one. Send the formal letter requesting deposit returned and go through arbitration. He won’t get nearly what he’s asking for. And only entitled to a proportion of the cost of the hob

Spirallingdownwards · 24/09/2024 10:50

MistyMountainTop · 23/09/2024 18:34

Induction. A Which best buy from IKEA

And they've just reduced it to £279!

https://www.ikea.com/gb/en/p/matmaessig-induction-hob-ikea-300-black-10467093/

Show quote history

Thank you!!

Popcorn23 · 23/09/2024 20:47

I'm going through the dispute system too. It's such a long, tedious process! I moved out months ago and am still awaiting a final outcome.

I emailed the landlord several times and received no reply (no formal letter but in hindsight I should have sent one). I also asked for a breakdown of costs and was refused this so used this as part of my complaint. There should be some allowance for normal wear and tear. I had pictures from the when we moved in and also on leaving the property. They are both virtually identical so my landlord is taking the biscuit by trying to keep my whole deposit.

I was awarded some money back as was the landlord but the dispute is still ongoing for the rest of the amount.

MistyMountainTop · 23/09/2024 18:34

Spirallingdownwards · 23/09/2024 07:14

Is that an induction or just a ceramic hob? If induction I would love a link to it because my son is looking to replace the hob in his flat and if someone is selling induction at that price I know he would definitely be interested.

Show quote history

Induction. A Which best buy from IKEA

And they've just reduced it to £279!

https://www.ikea.com/gb/en/p/matmaessig-induction-hob-ikea-300-black-10467093/

MATMÄSSIG induction hob, black, 59 cm - IKEA

This induction hob has all the basic functions, plus 2 cooking zones with power booster, ideal for boiling water, stir-frying or searing meat. 5 year guarantee.

https://www.ikea.com/gb/en/p/matmaessig-induction-hob-ikea-300-black-10467093

Spirallingdownwards · 23/09/2024 07:16

SuperGreens · 21/09/2024 22:28

I cracked the glass on my induction hub and it only cost £200 to replace it, was easy to fit myself too. You dont have to replace the whole unit just the glass top. He sounds like a nasty CF, Id dispute all of it, its up to the tribunal to decide not him. Get your own prices for everything he references.

This depends on how bad the crack is and where it is. Sometimes it isn't safe to just replace the glass.

Spirallingdownwards · 23/09/2024 07:14

MistyMountainTop · 22/09/2024 00:04

Mine cost £299 about 2 months ago

Show quote history

Is that an induction or just a ceramic hob? If induction I would love a link to it because my son is looking to replace the hob in his flat and if someone is selling induction at that price I know he would definitely be interested.

TamborineGal · 22/09/2024 19:23

Full eviction process from start to finish £1000 approx with Landlord Action. They are superb. You will need all your landlord bits of paper to hand.

justasking111 · 22/09/2024 13:51

TamborineGal · 22/09/2024 13:12

The deposit scheme and it's dispute function is weighted in favour of the tenant. The LL has to provide detailed evidence before and after to back up any deductions. It seems he doesn't have a detailed photo/video inventory so that will weaken his case.

Another issue is him attempting to bill his time. This is not permitted by the deposit scheme or HMRC.
Get a sensible quote for the damaged hob and be prepared to offer that.
Good luck

So true. Our tenants asked for their deposit back. Apart from the 3k solicitors bill to evict theme. It cost nearly 4k to rid the house of bed bugs and fleas, a process that requires spraying the house three times over nine weeks.

Add that then we had to replace all the wired in smoke alarms, the extractor fans in bathroom and kitchen because the tenant didn't like the noise. Rip up all the carpets and replace. Decorate from top to bottom. Remove from the back garden fridges, freezers, cookers, etc they had thrown out.

Clean out the outhouse full to the ceiling with discarded detritus.

Pay for two skips. I wouldn't let husband in the house until he stripped his clothes off. They went straight in the wash. He went straight into the shower.

The only thing we didn't find was a corpse

TamborineGal · 22/09/2024 13:12

The deposit scheme and it's dispute function is weighted in favour of the tenant. The LL has to provide detailed evidence before and after to back up any deductions. It seems he doesn't have a detailed photo/video inventory so that will weaken his case.

Another issue is him attempting to bill his time. This is not permitted by the deposit scheme or HMRC.
Get a sensible quote for the damaged hob and be prepared to offer that.
Good luck

OCDmama · 22/09/2024 06:38

Theres metadata contained in digital photographs that have the time and date, so if you took it on your phone don't worry.

He's trying to pull a fast one. Contact the TDS yourself and/or shelter who provide good guidance.

justasking111 · 22/09/2024 00:33

Well he's a cheeky bugger. I say this as a landlord. He's trying to cover the void getting new tenants and costs I suspect.

My son in Leeds did touch up the paint work, do a deep clean. Also took photos when he moved in .

You'll need to pay for a cracked hob, get your own quote.

shittestusernameever · 22/09/2024 00:30

Please join landlords and tenants UK on Facebook. They're brilliant

Also, it's illegal for landlords to charge for their time

Original poster
SpaceOK · 22/09/2024 00:24

Thanks everyone. The dispute process is very time consuming - what would count as a time stamped photograph? I took some of the damage when we moved in but don't know adjudicator would tell when they were taken.

My landlord also hasn't given me a full breakdown - we have itemised lists for about £2,500 and the rest he says he's claiming as well but hasn't said what for!

OP posts:
MistyMountainTop · 22/09/2024 00:04

Spirallingdownwards · 21/09/2024 22:20

I don't think you realise how much induction hobs cost. Ours was well over a thousand in 2014 so £1200 to replace one isn't that bad.

Mine cost £299 about 2 months ago