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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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Original poster

Landlord wants to take £300 from our deposit

147 replies

Beatrice11 · 25/03/2020 07:38

Hi everyone, just wanted to ask what’s everybody’s opinion.
Long story short, we moved out of the previous accomodation and want to get our deposit back. Landlord has been a bit difficult throughout the tenancy, but now he’s saying that he wants to take £300 from the deposit, the reasons are: we moved out one day later then we supposed to, because our son wasn’t well. We cleared the garage a week later. Now he is saying that it is £100 for being one day late with moving out and £200 for keeping our stuff in the garage for one more week. The rent we were paying was £1275/per month. The cost of renting out a garage in that area is £100/ month top- and starts from £50/ month.
We have been asking him to return the deposit for the last 3 weeks. Last week he texted us to come to his house and he will pay cash- he then didn’t open the door. Next day I’ve sent an email saying that we will take further steps- he replied that he didn’t open the door as he had a suspicious of COVID 19! He knew that we were coming ( we texted him a couple of hours before) and he didn’t warn us that he was feeling ill!
He refused to make an inventory check when we were moving out; we left the house in a much better condition then it was when we were moving in.
I think if he asked for £100 althogether, it would be fair, but not £300! He is saying that it is favourable to us!
We are now considering taking this to the deposit insurance scheme he used to protect the deposit.
Also, he is refusing to make a bank transfer, he want’s to give us cash- my understanding is that the current goverment statement urges everyone to stay at home emplies that we should not go to his house- any idea on that matter and where I could report him?
Sorry for a long post, but I am just getting sick of him.

OP posts:

slashlover · 25/03/2020 10:02

We have been asking him to return the deposit for the last 3 weeks. Last week he texted us to come to his house and he will pay cash- he then didn’t open the door.

Was this 3 weeks from the end of the tenancy or from when OP moved out? OP moved out after 8 days but when were the keys handed back? Deposits are supposed to be returned after 10 days so OP could have been harassing the LL early.

Next day I’ve sent an email saying that we will take further steps- he replied that he didn’t open the door as he had a suspicious of COVID 19! He knew that we were coming ( we texted him a couple of hours before) and he didn’t warn us that he was feeling ill!

Irrelevant.

He refused to make an inventory check when we were moving out; we left the house in a much better condition then it was when we were moving in.

Irrelevant as he's not charging for any issues with the house or it's contents.

Original poster

Beatrice11 · 25/03/2020 10:03

@Nothing2doooooo tbh it seems to me that he just kept saying that to delay the payment althogether. Cause if he wanted to give us the deposit back, he’s had plenty of time; we asked him a couple of times via text and he kept saying he would do it in the next couple of days. No mention of any deductions. After 3 weeks I decided he was just playing us and sent a formal request

OP posts:

Aderyn19 · 25/03/2020 10:03

I think you were cheeky to leave all your stuff in the garage for an extra week without his permission, but that said, he is equally in the wrong for not doing an inventory and for messing you around.
So I I think split the difference. He takes £150 for storing all your stuff for the extra time. If he doesn't agree then yes I'd go to the DPS.

SonjaMorgan · 25/03/2020 10:06

The garage is part of the house. I have no idea why you thought you could use it for an additional 8 days.

Saracen · 25/03/2020 10:08

I don't know whether the £300 deducation is reasonable. Possibly it depends what actual costs he incurred? For instance if he'd had a prospective tenant lined up who couldn't move in then he may have had to compensate them, or if he had workmen who were meant to come do maintenance and the work had to be pushed back then the property will be left vacant longer.

Echoing everyone else, go to the DPS. While you are at it, make sure he did actually insure the deposit promptly as legally required. You should have been given all information about this promptly when you handed over the deposit. If he didn't do it, or did it late, you could be entitled to significant compensation.

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

If that is relevant, you don't have to claim right away. You could wait to see whether (on moral grounds) you think his overall behaviour towards you merits it and take him to court later. I mean, if I'd had a lovely kind landlord who'd innocently screwed up and failed to comply with the law then I might cut him slack and not pursue him over this even though he was in the wrong, but if he'd been unpleasant or tried to cheat me in other ways then I would go after him.

Russell19 · 25/03/2020 10:12

300 deduction is fair. It is a weeks rent. He couldn't rent the property to anyone else because of you. Doesn't matter if he was doing work on the house or not, you hadn't returned the whole property to him.

Purpletigers · 25/03/2020 10:12

I can see both points of view but in your situation I’d pay, he may request a full months rent if you start to be difficult.

Nothing2doooooo · 25/03/2020 10:19

@Beatrice11

Ah! I see what you mean now. You threatened to go further because he was delaying the deposit, so he decided to deduct some charges he never mentioned before. Got it.

Frankly, he doesn't seem like a reliable and trustworthy person but it seems 300 is a week's worth of occupancy and he will be right to insist on this. It's at his discretion to take it or not and it seems he wants to 'show you're for daring to threaten him.

Just get him to return the remaining amount and call it a loss.

TreestumpsAndTrampolines · 25/03/2020 10:19

Go through the scheme no matter what. I've used it both as a landlord, and a tenant, and found them to be fair.

He should release the uncontested portion of the money immediately. (or he's not going to be endearing himself to the scheme)

IntrovertBnReady4Lockdown4Ages · 25/03/2020 10:20

This reply has been deleted

Message withdrawn at poster's request.

Nothing2doooooo · 25/03/2020 10:24

'Show you'....not 'show you're

Damn autocorrect, I know what I'm saying!

jacks11 · 25/03/2020 10:30

YABU

You vacated the property late- the reason may be understandable but it really doesn’t absolve you of your responsibility to vacate when your rental period ended- or pay for the extra time you had use of the property.

You may have physically stoped living only a day late but you left your stuff for an extra week. It does not matter where in the property- garage/kitchen/bedroom- if the house + garage are let as one unit then you remained “in possession”, so to speak. It is therefore reasonable to charge you a weeks rent. I think it would be reasonable, and probably even legally enforceable, to charge you a whole months rent. Your landlord is being perfectly fair to charge you a week in the circumstances. He may be unpleasant or unfair in other ways, but on that front he hasn’t done anything wrong. If I were him and you kept quibbling (and presuming he has lodged your deposit with the DPS), I might be tempted to push for the full month.

Obviously, if he has not lodged the deposit as required he is going to be in a lot of trouble.

I think you need to consider the fact that DPS (assuming he has lodged it correctly) may find against you and allow him to claim the £300 or even the entire month. If you can live with losing either the £300 or the whole amount, then take it to the DPS. If not, perhaps best swallow the £300 and move on- chalk it down to experience.

FizzyGreenWater · 25/03/2020 10:34

This is so easily sorted! Just go straight to the scheme and let them know that he's witholding an amount you dispute, you officially raise a dispute, they contact him, he has to argue his case. It will be deemed an unreasonable amount.

We had this - landlord wanted to charge for new for materials that had seen wear and tear. We didn't even fall out with them, just pulled a sad face and said oof so difficult to know what's fair isn't it, what with rules on fair wear and tear, I know, let's refer it to the scheme so we can be sure everyone is getting a fair deal :) Next day, email from letting agents advising that we'd be getting deposit back in full. They knew they'd get nowhere with what they wanted.

Do the same. Just let him know that you dispute the amount, you don't want to have an argument so the best thing is to refer it to the scheme so 'we can be sure any deductions are fair to everyone.'

That will be the last you hear of it!

TexanBlueNeck · 25/03/2020 10:36

Tbh if I stayed 8 days beyond the end of tenancy on a house rental that expensive, I'd think£300 was cheap... You say it was "only" stuff in the garage but the house was unrentable to other people. What if he'd planned repairs or a deep clean the day after you were supposed to be out? Or had planned to live there himself after you left?

The other points you're making are context but the key fact is you stayed (and presumably had keys/ were moving your stuff) 8 days beyond where you had a legal right to be in the property. It's shocking you think that was ok or not a big deal.

madcatladyforever · 25/03/2020 10:37

madcatladyforever
The OP was renting. The property had a garage.
Instead of moving out on time, the OP left the house a day late and continued to leave her stuff in the property's garage for a week.

All this talk about what it would cost to rent a garage somewhere else is just a way of trying to make the landlord look unreasonable.
In a nutshell the OP fully vacated the property over a week late and thinks it's unreasonable to be charged a week's rent for this week.

Thanks LolaSmiles - well that's your tough luck then OP, he should charge you. The property to let includes the garage, it's not a garage across town that you are renting from someone else and it doesn't matter if it's just the garage. The house and the garage and any outbuildings are the property and you had to be out of the whole thing on that day. It is not divided into differently priced lots.
I was required to vacate the garage AND the shed on my last day in my previous rented property. The landady came over to check the entire property was empty.
Leaving your stuff in the garage for 8 days is not vacating the property therefore tough luck. You are being seriously cheeky.

ZebrasAreHorsesInPyjamas · 25/03/2020 10:39

It's quite simple - state your case to the scheme, send all your evidence that you say you have that he said you could stay for free. He can respond when they contact him and then let them decide. Seems fair to both sides.

Onetonone · 25/03/2020 10:45

YABU. You didn't move out in time. If you had only kept things in one room, would you expect to pay less rent. Crap in the garage from a previous tenant would have most potential renters running for the hills.
Suck it up. Pay the rent for the time you occupied the property (regardless of what part).
You're LL is probably avoiding you, as you sound highly confrontational to those who don't agree with you.
Lesson learned. If you use it, you pay for it.

Puzzledandpissedoff · 25/03/2020 10:45

The landlord wanted to do some refurbishment to the property and there was nobody moving in straigh after us

Drip ... drip ... drip

Olawisk · 25/03/2020 10:48

You used his property for an extra week storing your junk.
He couldn’t rent out the property with your stuff in it so you can’t compare it to a letting off a garage.

£300 is fair.

Don’t be twats next time leaving your stuff around.

myself2020 · 25/03/2020 11:02

He is quite generous- assuming your contract runs in months, not weeks he could have charged you a full month. pay!

slashlover · 25/03/2020 11:07

It will be deemed an unreasonable amount.

OP left the property a wee late, the LL charged for a week. How is it unreasonable?

We had this - landlord wanted to charge for new for materials that had seen wear and tear. We didn't even fall out with them, just pulled a sad face and said oof so difficult to know what's fair isn't it, what with rules on fair wear and tear, I know, let's refer it to the scheme so we can be sure everyone is getting a fair deal Next day, email from letting agents advising that we'd be getting deposit back in full. They knew they'd get nowhere with what they wanted.

You had a completely different scenario.

Puzzledandpissedoff · 25/03/2020 11:35

It will be deemed an unreasonable amount

Possibly, possibly not - it'll depend on the full circumstances and it's worth remembering that, though "extras" keep being added onto the story, we've no idea of the landlord's side of things

If time was too short to clear the garage, was any spent on cleaning? Was there any previous damage? Was there any unpaid rent/other bills? We simply don't know ...

NoMorePoliticsPlease · 25/03/2020 11:40

You should go to arbitration of the DPS to agree a sum. You should owe something for overstay and possessions so may have to compromise.
Arbitration takes a long time. You may be better negotiating a compromise with him

Redwoodmaz · 25/03/2020 11:50

I agree with PP. No matter what the reason, if you and/or your possessions are not out of the property on the agreed date, I think you are liable for another month's rent.
He has let you off lightly?

PinkiOcelot · 25/03/2020 12:10

Are you going to contact the DPS OP, or just ignore everyone’s advice?!!

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