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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

to think that a landlord can't refund your deposit then ask for some of it back?

53 replies

pinkgirlythoughts · 23/02/2011 17:14

OK, just typed a really long message then lost it, so this is the shortened version :o

A friend and I have just moved out of a rented property. The estate agent told us that they would be keeping some of our deposit back to pay for repair work, but then refunded us the entire deposit, plus sent us an invoice through the post confirming that the full amount was refunded, and none retained. A week later, they then sent us a letter asking for payment of the money that they had originally said they would keep back from us.
Now we've had a letter from a debt recovery agency, saying that they've been instructed by the estate agents to collect the money from us immediately, or we'll be taken to court.
Now, I've lived in a few rented houses before, and never known a landlord to refund the full deposit, then ask for some of it back. As I understood it, once they've given the money back to you, it's your money again!
Advice from anyone with a legal background would be greatly appreciated, please!

OP posts:
BeenBeta · 23/02/2011 17:19

I suspect they did it this way so you would not be able to go to the arbitration process with the Tenancy Deposit Scheme.

If they had witheld some of your deosit you could have argued against it under the TDS.

In effect they are trying to cut TDS out of the process. I would contact TDS.

risingstar · 23/02/2011 17:20

how long ago did you move out- was the deposit held in a scheme?

nufsed · 23/02/2011 17:24

I don't have a legal background so can't help you with the law.

However, it seems you would not have had a problem with part of your deposit being retained so you must think you are responsible for the repairs. Someone somewhere made a mistake, but morally you should pay up, so YABU.

QueenStromba · 23/02/2011 17:25

I think BeenBeta is probably right. How much do they want and what is it for?

CrazyHorse · 23/02/2011 17:26

Sounds like Bollocks to me...will check with DH later and let you know.

Did you give them your new address, or had your post been redirected?

I can't believe any agency would do this as norm, so I guess they've made a mistake, and are trying to cover their arses.

TheMonster · 23/02/2011 17:26

I don't think you should pay up. They are sneakily trying to avoid using the TDS.

Original poster
pinkgirlythoughts · 23/02/2011 17:27

It was held in a scheme, I phoned them and the woman I spoke to told me to file a dispute claim (although I'm not sure she understood completely what I was saying as she said her line was echoey, so I might ring back again tomorrow). I'm just worried that even if we do file a dispute, it would take at least a week or two for anything to be done, and the estate agents have already called in the debt collectors! I have visions of bailiffs knocking on my door!!

OP posts:
CrazyHorse · 23/02/2011 17:28

To be fair, if there are repairs to be paid for, you should pay for them....and remember next time it would be cheaper to have had the damage sorted before you left.

scurryfunge · 23/02/2011 17:29

Are you disputing the repairs? Is it damage you have caused?

bibbitybobbityhat · 23/02/2011 17:30

Well, was there any damage? What do they want the money for? Are you leaving the landlord out of pocket and if so do you feel comfortable with that?

nufsed · 23/02/2011 17:31

Further to above, I know nothing of TDS so am happy to stand corrected. In your post you didn't say you had a dispute with the repairs or amount to cover them so I assumed you were just trying to take advantage of the situation Blush

GlynisIsFixed · 23/02/2011 17:31

please google the name of the debt collectors, or can you tell me here the name they give?

quite often a unscrupulous company will masquerade as a DCA in order to frighten you into paying

QueenStromba · 23/02/2011 17:31

The repairs could be something that would be counted as fair wear and tear though CrazyHorse.

hissymissy · 23/02/2011 17:32

What are the repairs they are claiming? Do you dispute them? If not, then you should pay up for any damage you have done.

TheMonster · 23/02/2011 17:33

Yes, Glynis is right. Many companies sneakily disguise themselves as debt collection agencies. Even The Student Loan Company do it!

phoebeophelia · 23/02/2011 17:34

If you caused the damage then pay for the repair. If you didn't, then don't.
Simples.

GlynisIsFixed · 23/02/2011 17:38

sorry, my post might look as if i'm accusing the estate agent of being unscrupulous.
i'm not.

but there are some VERY dodgy companies who seem to obtain details from some very 'secure' places and then use this for, well basically, extortion

Original poster
pinkgirlythoughts · 23/02/2011 17:41

Well, there was no damage when we left, so we weren't happy about being asked to pay, but had sort of agreed between ourselves that it was easier to just accept it and lose some money, rather than go through a dispute claim and possibly have to wait weeks before we get anything back at all- sort of put it down to experience, if you like.
They want money to repair the kitchen floor and clean the hallway carpet, as they say we didn't disconnect it properly, which then led to a leak. The washing machine had been disconnected a week before we left, and on the day we handed the keys back to the agents, there was no flooding, so we can't say for certain whether this is damage caused by us or not. When my ex-housemate asked if she could see the damage, she was told it had already been fixed?!

OP posts:
Bogeyface · 23/02/2011 17:43

Debt collectors going to court and sending in bailiffs takes ages, so dont worry about that just yet!

Sounds like they are definetely trying to avoid the TDS, but to get the right advice you need to give more info!

What are the repairs that are being claimed for? Are you responsible for them? Are you disputing the repairs or the costs of the repairs?

GlynisIsFixed · 23/02/2011 17:44

when did you leave this place, OP?

please do not panic about this, if you want to dispute it, then you have time to do so. don't be frightened into paying up if you don't think you owe it.

have you googled the company name, the ones who are chasing the 'debt'?

Original poster
pinkgirlythoughts · 23/02/2011 17:45

Oh, and Crazyhorse, I'd given them my new address. Like you, I'm also suspicious that they may have realised they made a mistake, and are now trying to cover themselves.

OP posts:
GlynisIsFixed · 23/02/2011 17:46

*stands next to Bogeyface and links arms Wink

does that sound a bit creepy?

didn't mean it like that, maybe 'sings from same hymn sheet' is better

Bogeyface · 23/02/2011 17:46

Unless they can provide proof of the damage then I cant see them getting very far in court. You need to demand to see invoices for the work carried out to fix the floor and clean the carpet.

If you are sure you didnt cause any damage then you are not obliged to pay for any repairs, especially as they wouldnt let you see the damage.

QueenStromba · 23/02/2011 17:46

Tell them to fuck right off or take you to court - they're trying to pull a fast one there. There is no way that the TDS would have let them take money for that which is why they've done what they have. I reckon they're just hoping to scare you into paying and that if you tell them to take you to the small claims court they'll back off - there's no way a judge would rule in their favour.

Bogeyface · 23/02/2011 17:47

:o

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