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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:
RugBugs · 22/03/2013 22:20

I hope you are still going through with the dispute?

I think it's been argued successfully that 'garden maintenance' can be an unfair term unless the landlord has supplied the tenant with the necessary tools to do it, so in your case, pruning shears.
If garden and tree maintenance wasn't expressly mentioned in your tenancy agreement the ea can jog on.

Hissy · 22/03/2013 22:21

the only thing that complicates things is that the EA already has the money, so to get it, you may have to take them to court.

However this is easy enough online. can't think of the link now, perhaps someone else will provide that.. Blush

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

I know I've had a glass of wine but I think I love you Hissy....

The inventory is going to get a damn good check tomorrow. AFAIK the tree isn't mentioned. The windows weren't professionally cleaned when I moved in.

OP posts:
Original poster
CuriosityKilledTheCrap · 22/03/2013 22:24

Rug bugs. They left a shed full of stuff which we weren't allowed to touch. The garden was obviously their baby. I did prune the hedge, but it was an unusually high maintenance tree ?chinese maple? I just ignored it for 2 years.

OP posts:
lalalonglegs · 22/03/2013 22:54

It doesn't matter if the EA has the money - mydeposits is an insurance-backed service, they never hold the money in the first place. The LL or the EA buys a policy, registers the amount of the deposit and promises to abide by the TDS rules while holding the money him or herself. If they don't pay back the full amount at the end of the tenancy, and if their reasons for holding onto it are not upheld by mydeposits adjudicators, then the policy pays out to the tenant and mydeposits pursues the EA or the LL for the missing money.

I agree with everyone who says that their reasons do not stand up and you should have had all your money back by now. I opened a dispute with a LL when I rented a couple of years ago, he didn't even bother to defend himself, he was clearly trying it on.

KatyTheCleaningLady · 23/03/2013 06:40

We got some letter about the scheme with information on how to log in and check on the money, launch a complaint, etc.
I think that the money had to be released to us, and we agreed to the amount, I think.

Do you have any proof that the money is registered?

Original poster
CuriosityKilledTheCrap · 23/03/2013 08:03

Yes the money was registered and has now been released to the EA but its not with my agreement.

OP posts:
KatyTheCleaningLady · 23/03/2013 09:53

You might want to post on The Money Saving Expert. The forum for house renting has a lot of very knowledgeable people, and threads with subjects like yours are very common.

Original poster
CuriosityKilledTheCrap · 23/03/2013 11:50

I've emailed the agent:

Thanks Agent

I'm not going to comment on these specific issues as I have raised a dispute now.

Taken from the Shelter Website:

"Your tenancy deposit is money that belongs to you and should be returned to you unless your landlord can show they have suffered a financial loss during your tenancy"

He cannot claim he has made a financial loss from me so he has no right to withhold the deposit like this. The dispute process whilst lengthy will at least be fair.

I tried to be accommodating and reasonable, but if after 3 weeks we're beginning to look at items not even mentioned in the inventory then I've lost all faith in the idea we could agree on this amicably. He can't just find new things to try and bill me for 22 days after leaving.

I'd imagine the dispute process is just going to hold up the sale of the property so it's not really in his interest to carry on like this (whereas frankly I have nothing to lose by going to dispute).

Again, thanks for your help

Curiosity

OP posts:
ananikifo · 23/03/2013 11:58

Why are you thanking the estate agent? They're stealing from you.

Original poster
CuriosityKilledTheCrap · 23/03/2013 12:11

Dunno really. I haven't had her out of office reply so I'm hoping she's on it. No good comes of the dispute process for anyone but me.

OP posts:
DPotter · 23/03/2013 12:12

Ananikifo - I read the 'thanks' as ironic!

Original poster
CuriosityKilledTheCrap · 23/03/2013 12:20

No it was me being polite!

OP posts:
idococktailshedoesbeer · 23/03/2013 12:56

Keep pushing for ALL your money back, they haven't got a leg to stand on legally from what you've said they're disputing. I'd stop communicating directly with them and let the scheme sort this - in my experience they are very fair on tenants.

Original poster
CuriosityKilledTheCrap · 23/03/2013 14:15

Thanks. That's what I'm thinking now. I'm going to key the dispute service decide. No more work for me but potentially a right arse ache got the LL.

OP posts:
Original poster
CuriosityKilledTheCrap · 26/03/2013 20:33

Right. Documents posted to the dispute service. LL seems to have given up trying to charge me for random trees and is now flapping about the blind.

Apparently deposit minus £500 was transferred via bacs yesterday. Still not clear on why £500 has been held back....

I feel I can wait this one out though

Again thankyou for all help and advice. :)

OP posts:
pollypocket82 · 26/03/2013 20:39

If they unprotected the deposit, I think they're breaking the law?? I thought that was the whole point of protection by a third party - they settles any disputes?

Hope the disputes handling goes well. They should see through all this (I hope!)

Don't let them fob you off - fight for the full amount back! Good luck! :)

KatyTheCleaningLady · 26/03/2013 20:47

I don't fully understand how the protection scheme works, but I'm pretty sure that the burden of proof rests on them because it is your money and they have to petition for it.

I don't know why they're doing this. Sounds very fishy to me. Frankly, it sounds like they've somehow not actually got the money.

Hissy · 27/03/2013 14:53

What does the original inventory say about the blind/other items they want to charge?

If the answer to this is nowt, they weren't on there.. You are home free.

PlasticLentilWeaver · 27/03/2013 18:45

It is normal/correct for them to keep the amount that is under dispute. It gets lodged with the deposit scheme. Think about it - if they gave it back and then it was found in favour of the LL, he would end up at small claims trying to get it back from the tenant.

inabeautifulplace · 27/03/2013 21:42

Jesus, we've all been there. This is dishonesty at work. The EA will rely on you giving up and accepting them taking your money. They do this because you could be financially vulnerable or slightly naive. It's a disgusting practice. Stick at it, you'll get your money back.

Original poster
CuriosityKilledTheCrap · 27/03/2013 23:21

Thanks. The blinds are on the inventory as 'stained and not working' Hmm nice.

He's given up on the tree...

He wants to charge me for...

A dent in the fridge £15
A missing grill pan £25
Making good plastering/brickwork £200
Curtains£25
Blinds£75

All totalling £340 Shock. Even a quick google shows that even if I were liable, the prices are all too high.

I have now got back £1250. I'm owed £400

I have sent all documents to mydeposits and said to the agent I don't agree with any of it.

Bearing in mind the property is being sold, I think he taking the piss!

OP posts:
firawla · 27/03/2013 23:32

Take it through the dispute scheme if you can, they are very fair. We used it in a similar situation with landlady making up all sorts of nonsense to try and deduct - they gave us very nearly all of it back, left her v small amount which was fair. And costs nothing to use the scheme so was great.
We are now going through court with another LL who never protected at all and that is dragging out and costing us money to sort out! If you have the option to go through the dispute thing I would just take it and don't bother emailing back and forth with the LL/Agents they will just waste your time!

Original poster
CuriosityKilledTheCrap · 28/03/2013 07:20

Thanks

The mydeposits dispute people seem very sharp actually. So far so good.

Good that it doesn't cost anything. As someone else says, the burden of proof now lies in them. Why wouldn't I dispute it??

OP posts:
ladyintheradiator · 28/03/2013 07:33

This reply has been deleted

Message withdrawn at poster's request.

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