Is this legal (deposit related)

[MismatchedStripySocks]

Finally bought our place but trying to get our deposit back from final rental is proving a nightmare 😥 Letting agent insisted on coming round six weeks ago to tell us what needed doing and then didn’t. He said if house matched moving in pictures then we could have deposit back. We scrubbed and cleaned for days and it was sparkling. He is now saying we have to make an ‘offer’ as it’s not up to scratch. However he won’t say what the problem is. He is now putting the whole amount in the disputed tenants fund or whatever it’s called. We really need that money.

Tell him your offer is to take action in the small claims court- process is quite easy (and hopefully you did take photos of how you left the property as evidence)

of course it's not legal and you dont have to go to court either. What deposit scheme was your deposit in? Did you have an inventory when you moved in? Did you take your own pictures? How long had you been there? Were you given a right to rent booklet when you moved in? How soon were you told which deposit scheme your deposit was in - you may be able to claim money from the landlord!

Essentially this is your money, the landlord has to prove a right to retain anything and you dont have to make any sort of "offer". He has to prove something was below the standard when you moved in, then provide evidence of what it will cost to fix if there is a problem.

This is the advice from one scheme over raising a deposit dispute. www.tenancydepositscheme.com/deposit-disputes.html

Dont be afraid of raising a dispute, tenants usually find the process satisfying.

The court generally will throw it out if you’ve not gone to your dispute service first. It will be the DPS, TDS or my deposits

It’s the DPS that’s it’s in. We have some pictures but tbh, I get the impression that however many we had taken he would have found something else. He is saying we broke a handle on a window. How do we prove we didn’t? It wasn’t broken when we left so I didn’t think to take photos.

The agent should return to you now the amount that is not in dispute. Has he quoted a figure to you? How does he communicate with you and have you retained any texts? When did you move out and have you sent a formal written request for the refund of your deposit?

If I had not broken anything I would tell him - in writing - that I was raising a dispute with the DPS because he had failed to return my deposit or to provide me with details of any deductions he was proposing. Then I'd go on their website www.depositprotection.com/im-a-tenant/im-reaching-the-end-of-a-tenancy/are-you-a-tenant-that-wants-to-request-their-deposit/

You may have to give him 7 days from any formal written request but I'd try to start the process now as he hasnt provided details of any proposed deductions. It's not up to you to make an offer, it's up to the landlord to prove a case for a certain amount.

If you had really broken a handle I'd call in a workman to fix a new handle, present the bill to the DPS and ask for a proportion of the bill based on how old the window was. If evidence is supplied the DPS may deduct that amount and pay the rest back but they will probably want to know how old the handle was and will deduct an amount for fair wear and tear that is based on the expected life of a window handle.

Actually a sensible landlord would just get a new handle and fix it, it's not worth the argument.

The agent is trying to pull a fast one. The onus is on the landlord to propose and evidence any deductions. If you don't agree to them, you take it to arbitration and the dps decides.

At that point the onus is again on the landlord to prove there is damage and that you're responsible for it. This normally means they need to prove what condition it was in when you moved in (normally with an inventory signed by you at the time you moved in) and show that it has suffered damage or deterioration beyond what's acceptable. They have to allow for reasonable wear and tear, and can't compel you to return the property in a better condition than you found it.

Yes, agree the onus is now on the landlord to prove it isnt as you took it on, and he is trying to pull a fast one.

My DS and friends have been in dispute about their deposits from uni house since June, the agency was stating it was retaining all but £30 each (out of £200) to be kept for, amongst other things, new mattresses, quoting that bottom of mattresses were stained (DS and friends had photos of stained mattress tops, but not bottoms, funnily enough!!!!)

The agency told them 'accept our offer, or get nothing'. I presume that they try that on with lots of people, not realising mine was being guided by me, as his friends were. I fight anything!!!

They have now gone to dispute and have just got 167 back each immediately. The remainder has now gone to arbitration - the agency is saying there is damaged skirting board, there were apparently builders in the house doing work when the agency photos were taken, after DS and friends moved out, so I can't see them getting away with that but we will see.

I have been shocked at how much the agency tried it on, the students took loads of photos at start and end but the agency have basically fought over anything that a photo wasn't taken of. Very very nasty. All respect to DS and his friends who wouldn't accept the reduction and have/are still fighting it.

DS is on placement this year, again in a shared house, I am sure he will have learnt a lesson and take pics of everything on the day they move out. He took photo of mattress bottom early on, when he knew about dispute on uni house.

Keep in touch with the deposit scheme and go to arbitration if necessary.

We had to dispute a deposit. There was a small stain on the carpet. The landlord said he needed to replace the whole carpet so 1000 was to be kept. We disputed and got 950 back and he got 50 quid for carpet cleaning. CF!!

They really are being CF’s. Luckily all communication is via email so there is a trail. It’s just infuriating that he won’t tell us what the problem is an how much is in dispute. DH has asked and we are waiting on a response. I get the impression he is experienced in this and he relies on people being desperate for a good reference so they cave in. We, however, are not as we have just bought so don’t give a 💩 about a reference. I think a dispute with the DPS will be the way to go. Sigh.

If he thought there was a real chance that they could keep a substantial amount of your deposit they wouldn't be messing around with "make me an offer" - he'd state an amount and go through the dispute process. The fact that he's not suggests to me that he knows full well he's trying it on and has no chance.

There will be a time limit on your deposit scheme so perhaps check what that is? In the scheme I've just left, if the landlord doesn't engage within that time frame you get the whole amount back automatically.

Because the agent is being a cheeky fucker. There's nothing wrong with the house I assume. He's just trying it on.

We vacated a house earlier this year. The agent sent us photos of how the house was when we moved in which was ok because they just reiterated the marketing photos which we had already seen. There was also pretty much a 'to do' list of things to be done prior to our vacating. OK.

So, we found and paid a cleaner and gardener to get the house and garden immaculate and it was. We paid the invoice for just over four hundred quid. OK, that's what we were quoted.

The Landlord thanked us for how good the house looked but the CF landlord wanted a further £100 for a water stain on the bathroom carpet. This had been caused by the water run off from the shower not being managed properly. They wanted the money to be deducted from our deposit.

The agent took new marketing photos because of the work WE had paid to be done i.e. paid to have the drive way pressure washed, carpets cleaned etc etc etc.

We were prepared to fight it i.e. give us the balance and we'll argue about the hundred pounds. It obviously wasn't worth their while so they agreed to give us the whole deposit back. They had to do this within ten days as that's the law.

The onus is on the landlord to prove that you’ve done damage - NOT on you to prove you didn’t. The landlord (or agent) should have done a check out with you and agreed anything that needed repairing. They can’t come back to you later and claim stuff is broken because it could have happened after you moved out. Anything that wasn’t identified at the time of check out is not your responsibility.

In order to claim money from you, the landlord would have to prove that you did the damage and provide either a quote or receipt for the amount of the repair. Then you’d have to agree how much of that amount you were responsible for based on how old the item was.

Personally I’d say you’re not paying for anything that wasn’t identified when you checked out as it could have happened after you left. And tell the agent he needs to provide an itemised list with receipts so you can discuss how much, if anything, you owe. None of this “make me an offer” crap!

Why are you waiting for a response, that's just encouraging them? Inform them that as they have neither returned your deposit or provided any evidence that they are seeking a deduction you have raised a dispute with the DPS - and do it.

The longer you wait for the landlord the longer they keep your money.

Btw not all landlords pay attention to references from a past landlord anyway. For those that do provide evidence that you left the place clean, moved out when you said you would after giving proper notice and regularly paid the rent on time.

Really dont get what the problem is when tenants often win disputes with landlords.

Take it up with the deposit company directly. If he hasn't done a proper inventory on checkout how is he going to prove it?

We had some damage to a property when we were LL and we quoted an amount for it - we didn't ask them to make an offer! Don't fall for that one! Ours didn't even cover the whole costs tbh.

It's up to them to prove any costs they want to deduct! Not for you to guess what might be wrong and make an imaginary offer! Stupid twats.

Contest every penny.

We will be contacting the DPS on Monday re claiming our money. One thing I can’t work out is the timeframe for the LL to pay the money. It says 10 day. Firstly, is this 10 working days? Also, is it from key surrender/tenancy end/final inspection. Based on end of tenancy, I think they have had 6 working days as it ended on the 5th of October. We surrendered the keys the day before and they did the inspection on the 8th. Very confused!

They had 10 days, not working days. I make check out reports and agents get REALLY antsy if I take more than 24 hours to turn them around.

You don't have to wait until Monday, it is an online process, if you have the right paperwork to hand.

You did get the deposit certificate within 30 days of the contract starting, didn't you? And the rest of the prescribed information?

Did you get a proper ingoing inventory? Have you been sent a copy of the check out report?

They cannot ask you to make an offer, they have to tell you how much of your deposit they would like you to release to them. If they don't then you get it all back!

Ooh that’s interesting about it being 10 days not working days. If it’s from tenancy end then they’ve had it haven’t they? Does that mean we automatically get everything and maybe more (praying) 😂

And yes we did get the paperwork. It came with the tenancy agreement.

I'm trying to find you a clear explanation of when the 10 day countdown starts, specialsubject may have it at her finger tips.

I suspect my agents of being very sensitive... hold on a mo!

Yes... Your landlord must return your deposit within 10 days of you both agreeing how much you’ll get back.

So at the moment they don't have a deadline as you have not agreed an amount!

www.gov.uk/tenancy-deposit-protection

Rubbish! I was hoping I could just fleece them of lots of money. He is really trying it on and I know it. The LL just wants money towards a new boiler. We asked for one several times and only now we are moving out is he installing one. He actually wanted to come over to measure up whilst we were still living there but we said no, he could wait.

Sorry to disappoint you!

Write/email the LA and say that you do not agree to any monies being taken from your deposit. Ball back in his court!

Have you checked the date your deposit was actually put into the scheme? There is a time limit and you should check they met it.

Start the process today, the landlord has not notified you that he will be making any deductions so there has been nothing for you to agree to. He is relying on you not knowing your rights.

if you need more help try www.which.co.uk/consumer-rights/advice/my-landlord-wont-return-my-security-deposit-what-can-i-do#my-landlord-wont-return-my-tenancy-deposit

Your landlord is illegally withholding your deposit as he has not proposed any deduction to you.