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AIBU?

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Original poster

Help with landlord

57 replies

Loginmystery · 02/06/2022 12:16

I hope someone can help me.

we moved out of a property and were only there short term. It was in a bad way when we moved in but I cleaned and put up with things being broken.
i left it spotless. Far far better than when we moved in. It was two days solid cleaning.
thr landlord has now sent me a list saying various things are broken- shutters- chipped worktop- broken fridge. None of these things are true. She has alsI said I need to pay for professional clean. She’s holding the deposit.
i have photos and video showing that the place was left perfectly clean and undamaged.

before we moved in the carpets were very badly damaged and I think the landlord will need to replace before she lets another tenant in because it’s horrible to live like that. Burned and stained and moths everywhere. My guess is she is hoping to charge me for the professional clean she will need to do once the contractors have fixed up the house.

my question is could anyone help me with wording a letter saying I refute the dishonest claims on my deposit and have photos and video of when we moved into and out of the property.

for more context this is an extremely greedy woman who has a family business letting out residential properties in London. We were paying 4,500 per month and she is now asking much higher so she will definitely need to do the repairs that she refused to do for us. But she wants that at my expense. I’m furious but can anyone advise? Can we take her to court? It’s fraudulent and also defamation surely? I spent 6 months there cleaning up her property.

thank you to anyone who can help.

OP posts:
Thorilicious · 02/06/2022 12:18

Your deposit should be in a protected scheme, so they should be handling any disputes. If it's not, then I believe you can claim back 3x the amount.

CookieMuncho · 02/06/2022 12:19

(Assuming you're in the UK) Your deposit should be protected in an independent deposit protection service. Is it? If it's not your landlord is in big trouble.

You shouldn't have to convince your landlord about how much to deduct. You should be able to log a despite with the deposit protection scheme and let someone independent decide how is fair to split the deposit return.

Did you take pictures of the place when you moved in (I hope so!). Was there an inventory done before you moved in detailing the condition of everything?

VerifiedBot2351 · 02/06/2022 12:20

As pp says, the deposit company will make a fair decision, so keep all your photos. If the landlord did not pay the deposit to a holding company, they are in the wrong.

Original poster
Loginmystery · 02/06/2022 12:20

Thank you. We rented with foxtons but how do I refute her claims?

OP posts:
HipsterCoffeeShop · 02/06/2022 12:20

By law the deposit has to be lodged with an independent service, not the landlord.

If she hasn't done that you can be awarded 3x your deposit in damages.

Do you have an email or letter to say your deposit is held somewhere?

In cases of dispute with return of deposit the service mediates between you and the landlord. So the first thing you find out is who has your deposit. Then come back to us and people can help further.

Bigtruth · 02/06/2022 12:20

What ^^ said. You claim your deposit back from the deposit protection scheme. If you weren't notified about how it was protected then you are entitled to it all back regardless of "damage" and possibly damages up to three times that amount.

CookieMuncho · 02/06/2022 12:21

Dispute*

Original poster
Loginmystery · 02/06/2022 12:21

Yes pictures and an inventory taken. As I did when I moved out. She’s being dishonest and did it to the last tenant too.

OP posts:
Original poster
Loginmystery · 02/06/2022 12:22

She and her daughter have both written to me detailed the damage they are accusing me of. Who do I contact? I want to tell them I’ll take them to court for fraud

OP posts:
VerifiedBot2351 · 02/06/2022 12:22

Contact the deposit company.

CookieMuncho · 02/06/2022 12:22

You should have received a notification when you move in or a certificate of some sort telling you which scheme your deposit is protected by. You can do it via their website. Foxtons should also be able to help if you ring them up because they should know where it was protected.

MochaHoldTheMilkAndCoffee · 02/06/2022 12:28

How long was the tenancy for, was it for 6 months of more?

If it was for less than 6 months the law changes with regards to the type of tenancy agreement in place and the rules regarding deposits.

Original poster
Loginmystery · 02/06/2022 12:35

It was a year lease with six month break clause which the landlord used. She tried to force her way into the house and I reported her to the police. She harassed us and refused to do repairs.

i have tried calling foxtons and all are closed until Monday now.

OP posts:
Alaimo · 02/06/2022 12:52

As others have said, first step is to find out if your deposit is in a deposit scheme, and if so, which one. You should have received info about this at the start of your tenancy, but can also find the list of deposit schemes here: www.gov.uk/tenancy-deposit-protection/if-your-landlord-doesnt-protect-your-deposit

If your deposit is in a deposit scheme, then request it back in full. If the landlord disputes this, she will need to show evidence for her claims.

If your deposit is not in a deposit scheme, then follow the process here: www.citizensadvice.org.uk/housing/renting-privately/ending-your-tenancy/taking-your-landlord-to-court-if-they-havent-followed-the-deposit-rules/

You do not need to engage with the landlord directly.

Cherrysoup · 02/06/2022 12:58

You’ve been told what to do. The agent should have a copy of your deposit protection certificate, which you should also have. This should have been sent to you when you moved in. As you have photo evidence, it is very easy to send this to the deposit scheme company who will take you very seriously and will obviously know the landlord is trying it on. Well done on taking photos, every tenant should take their own pictures on arrival/departure.

fyn · 02/06/2022 12:59

Ignore the letters for now, go straight to the people who have protected your deposit and let them know you don’t agree. You can find out who has protected your deposit here - england.shelter.org.uk/housing_advice/tenancy_deposits/check_your_tenancy_deposit_is_protected. Ask them to use their free Alternative Dispute
Your proof can include the inventory, pictures taken on moving out, correspondence that they didn’t complete repairs etc…

If your deposit isn’t protected you are entitled to the whole amount back plus up to three times the deposit as compensation. It’s unlikely if it’s been done through Foxtons though.

Puzzledandpissedoff · 02/06/2022 13:05

pictures and an inventory taken. As I did when I moved out

Very sensible of you, OP, though it doesn't matter from this POV if she's got one rental property or hundreds. It matters if she's not treating tenants properly though, and it seems she's not

As PPs have said, go to the deposit scheme people with the proof you've got and they'll sort it out - unless she's not used one of course, in which case the fine may be a LOT more than what she's trying to make from you

VerifiedBot2351 · 02/06/2022 13:12

Are Foxtons the letting agent? They can’t help with this. You need to go to the deposit company.

Original poster
Loginmystery · 02/06/2022 13:15

Yes Foxtons are the letting agent but she does the managing herself.
i feel I want to respond to her regarding the fraud she’s trying on though.
to upset her day the way she does ours. And to show I won’t just roll over.

OP posts:
Original poster
Loginmystery · 02/06/2022 13:16

I appreciate everyone’s comments many thanks

OP posts:
youdroppedthis · 02/06/2022 13:24

You write to the landlord and ask them to provide you with the name of the company with whom the deposit is protected and where the deposit is held.

You give her a flat 14 days to do that before you take legal action.

If she has not secured your deposit you can apply for compensation. It was 2K when I last checked but it was a good while back.

Just write matter of factly asking for the name within 14 days before you seek legal recourse. This will cause her to do one of three things:

  1. protect your deposit quickly to avoid the fine, in which case you then go via them with your disputes.
  2. Ignore you and run away and hide, in which case you sue her for compensation and for your deposit back.
  3. Hand over the deposit then run away, the best outcome.
Ballcactus · 02/06/2022 13:25

She’s obviously awful but I wouldn’t engage, just ignore her then go through the correct channels. Tenants get treated like dirt imo so I would concentrate on getting your money back

SunshineAndFizz · 02/06/2022 13:26

If she manages it herself then it may not be Foxton's who protected your deposit, the landlord may have done this (if it's done at all).

Either way you should have had communication when you first moved in about the deposit protection scheme.

I'd respond to the landlord saying you'd like this query to officially go through the deposit protection scheme please, and can you send me a copy of my certificate.

MindPrison · 02/06/2022 13:28

The entire point of DPS is to avoid you dealing with it. You've had excellent advice here. It isn't your job to police any fraud she may be attempting.
You should have received a letter from the DPS you are in, find that and let them deal with her.

Original poster
Loginmystery · 02/06/2022 13:36

MindPrison · 02/06/2022 13:28

The entire point of DPS is to avoid you dealing with it. You've had excellent advice here. It isn't your job to police any fraud she may be attempting.
You should have received a letter from the DPS you are in, find that and let them deal with her.

I hear you. However it’s more than my wanting to police her. She’s accusing my family of damaging her property. I want to be able to refute this. It’s very personal.

OP posts: