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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

In thinking a house deposit shouldn't take this long to return?

87 replies

CuriosityKilledTheCrap · 19/03/2013 18:58

I moved out of a rented property 3 weeks ago. I had it professionally cleaned, including the carpets. A professional inventory clerk went through everything on check out day. A report was then drafted with weird reasons they could bill me.

The cleaners returned, did the bits that were missed. They want to charge me for cleaning external windows and shrub cutting. Okay...

My beef is that the property is in the process of being sold. It doesn't need to be tennant ready. No vendor has made an offer on the understanding the glass vase stays put Hmm

I want it sorted! I moved back home so luckily haven't stumped up another deposit.

It seems much too long to me. AIBU? Can I email the agent tomorrow and request a timescale or something?

OP posts:
SlowLooseChippings · 19/03/2013 21:21

Raise a dispute. My tenants had to raise one for return of their deposit (I cleared it in full once all final bills were paid and authorised the agents to return it to them, but the agents went AWOL not responding to emails or phone calls and voicemails) but the mydeposits process sorted it out for them in the end apparently.

I was really worried the agents had requested it returned and then gone bust, as I'd still have had to pay the tenants back if they'd swallowed the money...

Original poster
CuriosityKilledTheCrap · 20/03/2013 11:46

No word from the agent as yet. Went into the local branch. Girl in there tried to call agent who's dealing with it (a different office) - no answer. I explained how unhappy I am and that I feel I've waited long enough.

She said the LL won't actually have the deposit back yet....

I'm going to leave it until 4pm then send another email to say I'm raising a dispute if I haven't heard anything by the end of the working day.

OP posts:
Machadaynu · 20/03/2013 11:56

CuriosityKilled theCrap - I did get the full deposit back, yes. The flat was cleaner when we left it then when we moved in - I made sure it was because we were students who had had to pay another deposit on a new flat in another city and couldn't afford to lose the first deposit. As my GF at the time got rushed into hospital during the moving process and thus wasn't working, we were especially skint, so being messed around by a letting agency for weeks was less than amusing. I think they saw my point. Good luck.

Original poster
CuriosityKilledTheCrap · 20/03/2013 12:00

Thanks - why does it have to be so bloody difficult? I know in my heart that its not the worst thing in the world, but it's just unfair!

OP posts:
Original poster
CuriosityKilledTheCrap · 22/03/2013 19:16

I've launched a dispute

There's some crap now about not looking after a tree in the garden.

OP posts:
PlasticLentilWeaver · 22/03/2013 21:35

Check your contract very carefully. Responsibility for trees/shrubs etc are often excluded, so the LL may be piss taking on that one. I also doubt it will stand up at arbitration, as the deposit is yours until the LL proves otherwise.

Original poster
CuriosityKilledTheCrap · 22/03/2013 21:45

Thanks. I'm thinking if it wasn't on the inventory then it can't be included? Stupid tree.

OP posts:
CajaDeLaMemoria · 22/03/2013 21:46

I'm doing this right now...

It shouldn't be unprotected. Your deposit should be given to my deposits until the adjudicator decides which way it should be paid - ie if the landlord deserves any of it.

You should get confirmation that my deposits has the money shortly after you start a dispute with them. They then collect evidence from the landlord or agent, and it takes two to three months for them to decide who deserves what and return the money.

It's stressful and horrible. We moved over a month ago now... I hope yours resolves quickly.

Original poster
CuriosityKilledTheCrap · 22/03/2013 21:48

Thanks. I'm hoping that as the property is in the process of being sold it'll be too much of a ball ache for him. Can you even sell a property with a dispute outstanding???

OP posts:
Seabird72 · 22/03/2013 21:48

I'm sure that if it is no longer held in a deposit scheme you could sue them. They have to return within 6 weeks of you moving out. You need to contact the citizens advice

Original poster
CuriosityKilledTheCrap · 22/03/2013 21:52

Well the ea has tried to talk me out of launching a dispute. She wants to give be back £1100 but keep £500 to dispute over.

The money is with the ea but a dispute has been instigated so I'm not actually worried that its not 'protected'. The ea keeps telling be the contract is between me and LL so their hands are tied. I said in that case is like his details so I could deal with him directly. Funnily enough she didn't give me the info.

OP posts:
Original poster
CuriosityKilledTheCrap · 22/03/2013 21:55

I have rented 5 properties. Always got deposit back. Am realistic about what's fair.

I would NEVER rent from someone going abroad and renting their family home. It's like the worst of all worlds. EAs checking on me every 3 months. Sky high fees then when I move out its suddenly their baby again. If you care about a tree so much don't leave it with a tenant who doesn't do gardening and doesn't know an oak from her arse

OP posts:
AllPurposeNortherner · 22/03/2013 21:59

The estate agent shouldn't have the money at all - it should still be with the dispute service.

PlasticLentilWeaver · 22/03/2013 21:59

They are only meant to keep the disputed amount, so they are correct to return the £1100 if that is agreed to be yours.

nancerama · 22/03/2013 22:06

According to Shelter, the agents and landlord have breached about every rule going with regards to your deposit england.shelter.org.uk/get_advice/paying_for_a_home/tenancy_deposits/tenancy_deposit_protection_schemes

As the deposit wasn't held in a registered scheme you are entitled to your full amount, at least, but you could push for 3 times your deposit as compensation.

Original poster
CuriosityKilledTheCrap · 22/03/2013 22:07

Well I guess I'll know more on Monday after they've been back in again I'm disputing the fact I haven't seen a penny of it yet... I feel like they're trying to take advantage and I now have to man up and fight!

22 days have passed... It's too bloody long! Why should the LL get to pick and choose when he deigns to go back in and check the trees.

What if the tree died in the last 22 days? unlikely when dies this stuff not become relevant anymore (like exterior window cleaning actually)

OP posts:
Original poster
CuriosityKilledTheCrap · 22/03/2013 22:08

It was in a trusted scheme nan and was released to ea on 8th match but didnt make it as far as my bank account Hmm

OP posts:
Havingkitties · 22/03/2013 22:10

Just to add, don't worry at all about raising a dispute, the deposit schemes (although they can taken months sometimes to mediate and come to decision) often tend to side with the tenant and if they do award money to the LL, they are fair with the cost (for example the LL may want £100 to replace a loo with a chip in it, but the scheme will ask for £5-15 just for the chip).

What is it that they want the £500 for exactly? Sound extortionate whatever its for!

Remember that its up to the LL to prove the costs, not you.

nancerama · 22/03/2013 22:12

But they are in breach. The money needs to remain in the scheme until both parties agree to the amount being returned. This hasn't happened.

You should have contact details of your landlord also - again this isn't the case.

Read the whole page - you have grounds to claim the full deposit and compensation.

Call Shelter on Monday for advice.

Hissy · 22/03/2013 22:13

Go to the CAB. Ask about that deposit. If it's not protected, you have a right to claim compensation. That money is yours, always was yours and to get any of it, the LL has to prove beyond shadow of a doubt that they are owed it.

LL can only charge for damage that they financially lose out on, either to rent or sell the property. If the house is sold as is, they can't claim for anything.

Trust me, I used to do this for a living. I had an agent tell the LL that they won't be able to charge the Tenant if the house is sold as there is no financial loss to the LL.

I know you are stressed about this, but this area is SO well legislated, the LL has NO right to do this.

Call the deposit schemes and ask about your address and if you can see that there is no deposit held, ask for their help in what to do next.

Call CAB and ask them, and contact Shelter, they are an excellent resource for tenant's rights.

Original poster
CuriosityKilledTheCrap · 22/03/2013 22:14

Oh thankyou. That link is great. I never had LLs details. I called shelter in the autumn when my Dh moved out. They were brilliant. I feel much better again. Thanks so much. The onus appears to be more on the LL than I originally thought.

OP posts:
Original poster
CuriosityKilledTheCrap · 22/03/2013 22:15

X posted with hissy.

Thankyou Smile

OP posts:
Hissy · 22/03/2013 22:16

Exterior windows, unless filthy black or up a ladder, or if you have proof that they were professionally cleaned immediately before your tenancy - LL has not got a PRAYER. Tenants are NOT supposed to climb ladders to maintain rental properties.

Plants - seasonal. Now is not the time to be cutting trees, and ditto with the ladder.

They haven't got a HOPE of deducting £500 for any of this, and the EA can't just take the money. I'd get some shit hot legal help and if need be, call the POLICE for theft/fraud.

Original poster
CuriosityKilledTheCrap · 22/03/2013 22:17

Yay!

OP posts:
Hissy · 22/03/2013 22:19

What's your inventory like? what was the condition of the windows described as? did you see receipts for the cleaning of the property/windows?

What about the trees? what was the specific condition relating to them descibed as? were they photographed?

If there is ANY doubt, the arbitrator will rule in YOUR favour.