Landlord taken 50% of security deposit!

[lottsm]

AIBU to ask for help I feel sick to my stomach! Any advice right now would be greatly appreciated- my heart is absolutely racing!

I've just finished third year at a university in London. I moved out of my rented flat on Wednesday and just received an email saying he will be deducting £890 to cover costs and damages. We left the flat in decent condition (gave it a hoover and wipe down) but he is claiming it was in a dilapidated state. I treated his flat with respect throughout the year. I know we should've taken pictures but we also hired a cleaner for 2 hours (not end of tenancy clean) who could possibly verify this.

I should note that I moved out on 4 months before my tenancy ended because my flatmate was so unbearable to live with. In the email, it stated he will need to repair the washing machine because my flatmate broke the handle and replace my flatmate's mattress for being dirty (I slept on airbed when I was there!).

A new microwave has also been quoted for, when I saw the microwave on Wednesday I was shocked at how bad my flatmate had let it become but a bit of kitchen spray and elbow grease would sort it out- it does not need replacing at all. He has also quoted £400 for end of tenancy cleaning whilst I was given estimates of around £160 (including carpet clean)

I really think he is trying it on and looking to kit out his (dated) flat with new items. What can I do? And is there any way I can make my flatmate cover the costs of the damage she is clearly responsible for. We have a joint tenancy so I honestly think I'm screwed.

The deposit was given to me by parents and they are expecting it back in full. My flatmate is loaded. We have a joint tenancy

But if his costs are justifiable, you will be jointly liable with your flatmate. You’d either have to appeal to your flatmate’s better nature and ask them to reimburse you, or take them to court.

A professional clean shouldn’t be more than about 150 quid on somewhere like this
And they cannot charge for wear and tear
You should have taken photos and done your own inventory - I always ask my tenants to do this to protect themselves in case of disputes

Both my landlord (who manages the property) and letting agent have not responded to my calls, emails, voicemails that I have sent. My landlord is a multi-millionaire with multiple flats in our central London building alone, I feel he would/should know to hold our deposit in a protection scheme.

Also, if the deposit was in a scheme would the tenancy deposit scheme provider release the deposit minus the deductions without informing us?

england.shelter.org.uk/housing_advice/tenancy_deposits/check_if_your_tenancy_deposit_is_protected

OP, could you check if you can find details of your deposit under the 3 websites mentioned in this link?

OP, I am an inventory clerk, currently doing a lot of check outs on student properties, so, like the landlords who have responded, know how this works.

Your first port of call should be the university housing office. They will have seen this a lot and will be able to help.

Your LL seems, from your information, to have made a number of errors, which will cost him dearly if you and your housemate work together. You should have had the Right to Rent booklet, a tenancy deposit certificate, a complete inventory and probably a gas safety certificate when you moved in, within 30 days as a maximum allowe by law.

If any one of these was missing then he is in trouble. He has also made deductions without your permission. The depoist money is yours, ALWAYS. He has no right to return it in part without your express permission. So it does sound as though he has made a BIG mistake - unless your housemate was Lead Tenant and have OKd the deduction!

So, if the housing office cannot help call one of those No Win No Fee lawyers that advertisespecifically for deposit scheme issues. They will have a field day.

The £400 cleaning bill is for an end of tenancy clean, which should be a deep clean, totally different form a regular clean, for a 2-bed that could be deemed excessive. He can't claim for a new microwave or a new mattress, just a reasonable % of the cost at new, depending on the age of the item. That is also law... called Betterment.

Good luck

@lhastingsmua thanks for the link. I searched all three websistes (using both mine and my flatmate's surname) and no matches were found.

That doesn’t necessarily mean he hasn’t protected it but certainly suggests it! If it isn’t protected then you may be able to force him to refund the full deposit in lieu of court. You may have got quite lucky as even though the flat may have been a bit of a mess, your landlord was foolish - interesting turn of events.

lotts As a LL, if you are keeping a deposit it has to be placed with the deposit scheme.

Now, I hate this scheme, so I collect the deposit prior to moving in and return it within 30 days.

The only other possibility is that the deposit is being kept by the agency and they are big enough to qualify for an exception. Most agencies use the deposit scheme though.

What's the point in collecting the deposit then? Surely far easier just to say no deposit required.

The only other possibility is that the deposit is being kept by the agency and they are big enough to qualify for an exception There are no exceptions though*

*Scotland has a small list, e.g. family member, religious organisation crofts etc

If you've already been paid out; I don't think the deposit will show on searches anymore. Mine certainly didn't.

Who was lead tenant?

big It sounds stupid but IME it's a great way to separate good from bad tenants. The deposit rarely covers any damage done which is why I have insurance. However, when you have to pay two months rent upfront and moving costs it means the tenants are more likely to be better at financial planning.

I don't tell the tenant they are going to get their deposit back shortly after moving in when they sign the lease. They pay one months rent before they move in and two weeks later I let them know I'm returning it.

That makes sense.

There is something to be said for the pragmatic approach.

@Biggreygoose, if it’s protected a landlord can still make deductions, they just have to prove it rather than spit numbers out. EG an invoice from a cleaning company, photos of damage and a quote for repair/the cost of equivalent replacement item etc. So instead of just saying 50%, they give figures justified by invoices to the protection scheme who will ok the deductions.

Again protecting a deposit isn’t optional, it’s the law. It’s also free for landlords.

There’s a chance it has been protected (maybe under incorrect details like surname/start date?)

Yes well aware of that. My response was specifically to want2b.

Although my advice would to be aware of arsehole landlords who own their own maintenance company specifically to produce inflated invoices. That's a fun game.

there are no exemptions to using the deposit scheme in england. size of landlords bank account is irrelevant. scheme in place 11 years so he knows about it and is hoping students dont.

no need to employ one of the facebook ambulance chasers to hang him out to dry.

Your landlord is in such big trouble if he didn't put your deposit in a legal scheme. He's just broken the law and you will automatically get it all back in court as a result

^Also, if the deposit was in a scheme would the tenancy deposit scheme provider release the deposit minus the deductions without informing us?°

No. They write to you first. But if landlord didn't provide with details of which scheme they have already broken the law. I think there are only a couple of schemes. You can contact them directly to see if they are holding your money. And if not then get to work claiming back 3 X the deposit.

will automatically get it all back in court as
a result

The LL can still Perdue deductions for any damage caused during the tenancy.

claiming back 3 X the deposit

A tenant can take the LL to court and claim UP TO three times the deposit back. To be awarded three times is very rare. The original deposit is the norm.

If your deposit is held by a scheme and the property is managed by an agent. The usual thing is to attend the property the day after a tenant moves out, take photos and note any areas of damage, uncleanliness, etc. These would then be check against photos/inventory taken at the start of your tenancy.
Any deductions required would be put to you via an email. You can then accept or contest them. Failure to reach an agreement would then go to dispute, where the scheme acts as an arbitrator looking at all relevant evidence (photos/emails/etc)

You say the money has landed in your account, who paid it to you? The landlord, the agent or the scheme?

Any payments made to tenants would be made direct to the tenant from the scheme. They do not return the full balance to a landlord or agent, for them to return to the tenant.

If the deposit has not been protected, your landlord or agent can then be held liable for 3 x the amount of the deposit

(I work in a property management office)

The money was transferred from my landlord's bank account (same one we've been using to pay rent). He asked for our bank details. Is it normal for the landlord to act as the go-between? (ie for the protection provider to release funds to him and passes them on)

I can't say how appreciative I am of the detailed and helpful posts you've guys have written.

Also there is no lead tenant

Landlord has also yet to respond to my email directly asking for him to provide me the name of the protection scheme that was used.

My landlord manages the property