Landlord deposit deductions help

[Sl2107]

Hi everyone,

this is my first time posting on her but I need some advice.

We recently ended a tenancy of a property we have lived in for the past 4 years. We had a break clause that meant we could give two months notice at any time. Our landlords have always been lovely but since saying we want to go they have started to be picky. Our tenancy was due to end on the 30th of July but we moved out on the 27th of June as that was when our new tenancy started (couldn’t push it back).

the landlord sent us an email to say he will let us hand the keys back on the 15th July instead of 30th which meant we only had to pay another two weeks rent and then a load of other things about how he thinks our respect for his property has diminished even though we have had walls re plastered, laid new flooring in the living room as when we moved in it had slate tiles which was freezing!, but then he went on to say that if the property isn’t up to scratch he will then charge the extra rent from the 15th to 30th as well as make deductions from the deposit if he needs to. We have kept the house in good shape apart from one carpet was a bit stained which has now been professionally cleaned but my main question is, can he actually charge us rent for two weeks we don’t have the keys for the property after telling us we can leave on the 15th? I have never had this before when leaving a rented property and never had any issues with getting a deposit back but I feel like they are going to be difficult.

sorry it’s a bit long winded!

@Silverfinch thank you because that didn’t even cross my mind. On the listing it says available NOW. Going to ring as well just to confirm

He's got a damn cheek reletting it before he's even dealt with your deposit! Doesn't surprise me though.

This saddens/angers me. As a one property landlord. I really value a good tenant and have only ever charged an absolute minimum (often full deposit returned ) for any damage done by tenants. I really hope you get every penny back. Don't forget to notify the council you have moved so you get back any due council tax you have paid

@Silverfinch it is cheeky I love how he has time to get in touch with the estate agents to sort everything out but not to deal with our deposit it’s disgusting!

@Mammajay we have always been really good tenants and looked after the property but now we want to move out he has just completely turned. We have never had an issue getting our deposits back before that’s what’s annoying. I have done that thank you for reminding me though 🙂

It’s the 10th day today and we haven’t heard a thing! We are unable to raise a dispute. It says we can fill in a statuary declaration form after 14 days if we have no response

Hey, hoping someone is still following this but we have just received his response to the deposit back. He is trying to take the whole of the deposit I am so angry

Oh no! So he's dragged it all out, hasn't fulfilled any of his side of things, and you're still waiting?

I'm so sorry, how stressful.

If a dispute is raised with the Deposit Protection Scheme, the onus is on him to prove the condition of the property when you started the tenancy vs the condition at the end of it.

Unless he can demonstrate by way of photos and a signed inventory that there has been damage etc., the DPS will (in my experience) reject his claim and order that the full deposit be returned. Certainly that's what has happened for me in the past and for friends and family whose landlords have tried this.

Try not to worry! Just go through the DPS.

Does anyone know the best way to respond? I obviously have to choose agree or disagree and if I disagree give a description. I’m not sure how much detail I should go in to straight away or if I should wait for the dispute for that.

Are the photos date and time stamped? I'm a landlord and that's what we had to do before the tenants moved in

@Itloggedmeoutagain no not on the inventory unless they have time stamped photos themselves.

to understand how petty he is being he has tried to claim £275 because we forgot to send him meter readings and haven’t confirmed if there are any outstanding bills. The landlord doesn’t pay any of the bills and they are all on mine and my partners name so not sure how this is relevant. I took pictures of the meters the day we left so have just emailed them across to him with the time and date stamp on them which comes up on the iPhone now!

When he petitions the deposit holding scheme it will be up to them. Submit your before and after pictures to them and accept their decision.

Find out from him which scheme he used so you can submit your evidence. If he becomes evasive demand proof of the scheme within 14 days before you take legal action for compensation for not securing your deposit. Maybe he will offer you compensation off his own back. The going rate is a grand. ch1889.org/safer-renting-blog/post-template-rhlbn#:~:text=Failure%20to%20comply%20with%20both,years%20of%20the%20breach%20arising.

@rumplestiltskinp fortunately he did put the deposit in a scheme

OP I feel your pain. My ex landlord did the same thing, only put the house up for sale the week after we left. The pics on rightmove were identical to the ones we took on vacating.
He then refused to use dispute resolution threatening to take us to court.
Twice he used insurance legal aid panel solicitors threatening us with total lies.
Both times the solicitors dropped him once we sent proof.
He was a 1st time amateur rogue.
Tried to illegally evict us during covid ( he wanted to live in his house again as abroad there were too many covid restrictions,)
No gas cert, elec cert, epc, right to rent, harrassment, prescribed information, claiming he lived there to receive benefits, insurance scams. He was a full house bingo card.
He never once produced a court order against us. But the DPS gave him time after time to produce a court order.
This has now been going on for 11 months!!
We have made numerous complaints to DPS only to be told it cant be released unless he takes us to court.
Because he now finally realises that he will never win in court. He has agreed to use the dispute service!! DPS are letting him!
I was going to take him to court but the costs will outweigh the deposit, and quite frankly am so wirn down with it being held in cyber.
We are going to try our luck with dispute service despite the lies etc.
The fact I have the only tenancy agreement, no inventory and proof of police ID for harrassment etc might just help us win.
The DPS are useless not even regulated and noone to clamp down on these 'rules'. If your landlord refuses to use disputes you could be in for a long drawn out battle too.

He should be making a claim on your deposit through your deposit protection scheme. Once he’s made his claim, you object through your account. The DPS will then ask for your evidence. Use your photos and as detailed description as you can (but from memory you don’t get a lot of characters to do it). From what you’ve said in your previous posts, I highly doubt they’ll find in his favour.

State that you disagree and want the full deposit returned. Summarise your position that he has not suffered financial loss, that any wear and tear is his responsibility as landlord, and that you have taken photographs to prove the condition of the property. State that you have his emails confirming your repairs to the property and that he agreed to you leaving on 15th July. Link him to the disputes explanations on the website and explain you will be providing all of your evidence to the disputes team for your case unless he returns the full deposit now.

How to respond - just say that you don't agree with his deductions and would like to take it to the deposit scheme for arbitration.
No need to say anything else to him at this stage.

Did he state what the £275 was supposed to cover re the meter readings? He can't just pick figures out of thin air!

@Silverfinch the £275 was what was left after he had added up all his other claims so he literally just out the rest of the amount down due to not having a meter reading!

@Angelswithflirtyfaces i am sorry you are going through that! It isn’t fair at all. I am worried he isn’t going to agree to the dispute resolution. He is also a first time landlord with one property. I can’t believe that they haven’t just given you your deposit back. He clearly didn’t need the money for anything otherwise he would have got a court order! It’s disgusting they get that much time to respond. If they think their claims are reasonable they would use the dispute resolution service! The house was up for rent with updated pictures three days after we left and it looks great!

@MRex i have disagreed to everything so now I just await the response. It’s a bit crap you don’t get much room to write things!

@Angelswithflirtyfaces it’s my understanding if there was no signed inventory he can’t claim for anything so you should win!

OP yes it is terribly unfair. When we argued with deposit scheme that he had exceeded to six months to take us to court got a snotty email back saying under their terms and conditions 'they may' return it.
There is no one to complain to. Despite these schemes holding literally hundreds of thousands, possibly even millions of pounds of tenants money, no one regulated this. No ombudsmen. If your landlord wants to be vindictive thats it. No time limit. I have spent HOURS on the phone with these clowns... I am at the point where I will leave it for disputes to finally resolve. But am still considering a private claim for his harrassment. But I also feel is it worth the stress?
@Sl2107 I hope so, I really do and I understand that may be the outcome. But something needs to be done about these schemes.

That's terrible! He sounds like an absolute arse. I really hope you get the full amount back!

@Angelswithflirtyfaces honestly it’s a joke they are supposed to be in place to stop them just taking your money but then you dispute it and they can just leave you hanging for this long. It’s disgusting. They should be regulated you are right. I didn’t know there was no time limit now I am half expecting him to do the same as what they have done to you! It doesn’t matter to them they get someone else to move in and pay the deposit all over again!

It probably isn’t worth the stress to be honest, it will just create you more stress. I thought it was bad waiting two weeks just for him to respond in the first place and you have been waiting that long, I hope it gets sorted for you x

The alternative dispute resolution should get the matter resolved within 6 weeks, there certainly are timeframes. If the landlord decides they will only go to small claims court then it will take longer, but judges will look pretty unfavourably on them. You can get advice if you need to take them to small claims court, see the link here:
www.citizensadvice.org.uk/housing/renting-privately/ending-your-tenancy/getting-your-tenancy-deposit-back/#:~:text=You%20can%20use%20your%20scheme's,moving%20out%20of%20the%20property.

OP have RTFT and am really shocked at what a cowboy your LL is.

I hope you keep us updated and that you get good advice. Shelter is good for rental housing advice and may have web links to relevant information to help support you.

But it sounds like you are doing everything correctly by disputing this and asking for arbitration process to kick in
It's my understanding that if he takes it to court or delays taking it to court and refuses to arbitration within a reasonable period - that you can raise small claims yourself , include court costs and ask for interest to be applied for his delay of returning your deposit as you will incur financial costs for his actions.

Sorry I meant if he refuses arbitration as stated he's taking it to court then delays doing so, you have a solid to claim for interest on your not returned deposit as well as court fees to raise the claim as he has not acted reasonably if he causes delays