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

Just make it clear that if he doesn’t reply with the protection scheme details, you will have to take him to court as you want to dispute the deductions. Someone earlier posted a great template. Chances are that he will return your money as the penalty at court could be higher

Op, have you namechanged?

I agree with the others you will need to take this forward, it doesn't sound right at all.

Firstly the dispute would have been done through the protection scheme, and only when both parties are happy will they then release funds. As far as I can recall it does not all go back to the landlord for him to forward on.

I think he is trying it on.

Tell him you have tried all protection schemes and they hold no details of either of you at that address, so will be seeking legal advice.

@lottsagain we use the DPS for our deposits and tenants pay us their deposit (and first month's rent) at the start of tenancy, which we then lodge with the DPS (giving the tenants names, email addresses and contact numbers). Once lodged, the lead tenant (no changes to both tenants) receive an email to advise of a "repayment ID" which is the number you need to input to their website at the end of tenancy to arrange the repayment.
Should we have a cleaning bill (for example) to be deducted, the amount requested by us (and agreed with the tenants) is returned to our bank account and the remainder of the deposit (money to be returned to the tenant) is returned direct to the tenant (I presume the tenants input their bank details for that payment to be made)

The money to the tenant is never paid to us to pay to them, as that would leave too much room for an agent or landlord to say they had paid the tenant or for the tenant to say they hadn't received the money.

It definitely sounds like your deposit was not in a scheme and I would keep all communication via email, for proof. Ask your landlord to provide evidence of your deposit being in a scheme. Maybe even speak to someone to find out your legal position

Op did you pay the deposit to the agent or the landlord?

Is the agent ARLA registered/ a large national company or a small independent?

A large agent who took a deposit is highly likely to put the deposit in the correct scheme. If you ring them they will tell you over the phone which scheme they use.

I had a landlord at uni who said ‘the flat is really clean but I’ve spent your deposit and can’t afford to give it back’. It was pre scheme.

@43percentburnt the agent would usually only lodge the deposit in a scheme on behalf of the landlord if the property was managed by the agent.

We have a Tenant Find service where the we get the tenant, they pay us first months rent and deposit, and then we transfer both of those to the landlord, for the landlord to lodge the deposit with a scheme.

So even if the OP paid the deposit to the agent, it doesn't necessarily mean they are responsible for lodging the deposit with a scheme

@lottsagain. I've PM'd you x

@NotClear no I deleted my initial account (was panicky and all over the place). Then saw the incredibly helpful advice that was being shared so created a new account.

We paid the deposit to the agency. This was stated on my tenancy offer:

If the landlord manages the tenancy the deposit will be transferred to the landlord to register with a government approved deposit scheme it is an assured shorthold tenancy.

@KirstenRaymonde I was on an airbed because the only way we could afford the flat was by converting the living room into a 2nd bedroom. I planned on buying a cheap bed but couldn't afford to after my phone was stolen.

The thing is, even if it was the letting agency’s task to protect the deposit, it is still the landlord’s ultimate responsibility in the eyes of the law

Whichever way you look at it, you're protected.

Either: he didn't place it in a recognised scheme and you can contest it

Or: he did place it in a recognised scheme and you can contest it

Either way you have such a strong case in your favour. Seriously get reading the links people have offered on his thread. Knowledge is power!

Hi all,

My landlord has not responded to my any of my calls or emails. In my last email I wrote that if he did not provide me with the details of the deposit protection scheme used I would be pursuing as if the deposit has been unlawfully retained (thanks to those who practically wrote that for me).

if you have an address for the landlord you could try one more time with a letter. Don't send registered, just use a free proof of posting.

then start the legal stuff.

VICTORY!!!!!

I was just checking my banking app to see if I had enough money in my current account for some groceries when I saw that my landlord had returned the deductions he had made! I literally screamed in the shop, I could not contain myself (still no email from him haha).

I can honestly say that I this outcome would have been unlikely if it wasn't for the AMAZING advice I was given on here. Thank you thank you thank you. I wish I could give you all a hug. I feel like the world has been taken off my shoulders. I really need this money.

I will be making a donation to Shelter on the behalf of you guys. Thanks again!

Whoop!

REALLY pleased for you.

Your LL was counting on you not making a fuss/not knowing your rights.

Well done.

Brilliant! Well done.

Do be more cautious at check-in and check- out for all future tenancies though.

Fantastic news! Don't you just love MN!?

Bet the landlord was shitting himself.

Excellent news - well done!

Teaching yourself the very basics of landlord and tenant law is one of the best bits of law to learn, as you've just found out

Well done OP. Now you know for sure he was trying to pull a fast one.

So make sure when you rent in future that you have a proper inventory and you know where your deposit has been placed.

And always make sure of your rights if you think something seems iffy.

Just go into dispute with the deposit company, we didn't actually dispute most of what was on our landlords list came to about £300 (when we moved it was snowing so we never sorted the garden out as we felt we could do more damage than we could put right and the bill was entirely reasonable I felt) plus the letting agents fee of about £200, then after messing us about for weeks suddenly slapped us with a further £800 for flooring which was fine. I suggested £150 as it wasn't totally unreasonable what the landlord was asking, just not bloody £800 worth. the judgement came out at £200 we owed of the £800, which was fine I accept the adjudicator knows more than me with costs then as I read down he actually knocked money off all the things we had originally agreed to pay. Eventually we owed £440 and got refunded the difference. If they had been reasonable they would have got £650 rather than forcing us into dispute. I have come to the conclusion that they do this deliberately as a lot of people can't afford to wait the few weeks the process take for their money. The more of us who can dispute should so this is not an easy way for them to make money.
Ps the process was really quick I think it was about 4-6 weeks I was very impressed.

Oh, well done! I am sorry that you had to get advice from lovely strangers on the Internet though, rather than having the support of loving parents

This is one of the moments that we are reminded how fantastic Mumsnet can be!