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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

My Landlord is trying to take my whole deposit

128 replies

GreenHatsin · 03/02/2023 19:55

I live in a big city, I've been paying £1000 per month for a 1 bed flat for the past two years.

My landlord decided to sell the flat and gave me three months notice (absolutely fine).

I found another flat to move into within a month. He wants me to pay the extra two months and he's sent someone round to inspect the flat.

He said he'll be keeping my entire deposit because I haven't kept the flat to a "good standard."

If I could post pictures of the flat without outing myself I would, however, it is immaculate. I have pictures from when I moved in and I've taken pictures today. It's cleaner than it was when I moved in. I know people say this, but it really is! When I moved in there was dust everywhere and junk in the cupboards.

What can I do here? I am absolutely certain that he doesn't have a case against me. If anyone looked at the flat they would agree.

OP posts:
Floraflower3 · 03/02/2023 19:56

Did you have an inventory done when you moved in? Is your deposit in a protected scheme?

Hoppinggreen · 03/02/2023 19:57

He shouldn’t have your deposit, it should be in a deposit scheme which you should have details of.
They will mediate

Sparklesocks · 03/02/2023 19:58

As others have asked, is the deposit protected? Ask him for an itemised list of what the deposit is being used to repair and the cost of each item/photo evidence.

Original poster
GreenHatsin · 03/02/2023 19:59

He told me he was going to put my deposit in the deposit protection scheme when I moved in. However, I don't know if he actually did.

OP posts:
Mrscaptainraymondholt · 03/02/2023 19:59

If he doesn’t have it in a scheme you can claim back a multiplier of the deposit!

Any disputes etc should go through the scheme - upload all your photos!

Hoppinggreen · 03/02/2023 20:00

GreenHatsin · 03/02/2023 19:59

He told me he was going to put my deposit in the deposit protection scheme when I moved in. However, I don't know if he actually did.

He’s in trouble then. You could end up with a lot more back

Chenford · 03/02/2023 20:01

GreenHatsin · 03/02/2023 19:59

He told me he was going to put my deposit in the deposit protection scheme when I moved in. However, I don't know if he actually did.

You can check yourself online.

Our tenants left damage that took over a week to rectify including removing/not replacing items approaching £1000 in value and we were only able to withhold about 50% of their deposit (less than £700).

Crunchiecase · 03/02/2023 20:01

I'm an Inventory Clerk and if you didn't have an inventory drawn up when you moved in the landlord probably won't have a leg to stand on. The deposit schemes always lean in favour of the tenant and so it will be up to him to prove the condition of the property when you moved in.

That said, I've heard of tenants being charged for light bulbs being out!

TheObstinateHeadstrongGirl · 03/02/2023 20:02

This is exactly what your deposit protection scheme is for. Who is it registered with? Your landlord should have told you when you took out your tenancy.

TheObstinateHeadstrongGirl · 03/02/2023 20:02

GreenHatsin · 03/02/2023 19:59

He told me he was going to put my deposit in the deposit protection scheme when I moved in. However, I don't know if he actually did.

Did you get a deposit certificate?

Chenford · 03/02/2023 20:02

@GreenHatsin … it should be one of the schemes listed on this government site…

www.gov.uk/deposit-protection-schemes-and-landlords

PurBal · 03/02/2023 20:02

Go through DPS / deposit protection scheme. It has to be logged by law. He won’t win. Also fairly sure he can’t make you pay for two months you’re not there, check your contract but it’s likely notice is one rental month.

Datafan55 · 03/02/2023 20:02

You weren't supposed to paint it regularly or some such?
Although two years isn't long. My sister long-term rents and she has to paint the flat every ten years: I think that would be classed as 'keeping it to a good standard'.

Good you have pictures before and after though.

TheObstinateHeadstrongGirl · 03/02/2023 20:03

Hoppinggreen · 03/02/2023 19:57

He shouldn’t have your deposit, it should be in a deposit scheme which you should have details of.
They will mediate

Landlords don’t always have to send deposit to protection scheme they can keep the cash to themselves

Heyahun · 03/02/2023 20:03

It doesn’t work like that if it’s in a protection scheme then you dispute it

it not then you you report to local county court and possibly get 3x the deposit back !

007DoubleOSeven · 03/02/2023 20:04

TheObstinateHeadstrongGirl · 03/02/2023 20:03

Landlords don’t always have to send deposit to protection scheme they can keep the cash to themselves

Show quote history

Thought it was the law now that they have to put it in a protection scheme?

007DoubleOSeven · 03/02/2023 20:04

TheObstinateHeadstrongGirl · 03/02/2023 20:03

Landlords don’t always have to send deposit to protection scheme they can keep the cash to themselves

Show quote history

Thought it was the law now that they have to put it in a protection scheme?

AfraidToRun · 03/02/2023 20:05

Did you give proper notice? What is your notice period? You should be until the end of your notice.

There are three main deposit protection schemes, you can check online. If its protected request it back in full and the landlord will have to proof the deductions are fair. if he hasn't protected it then you can sue him for 1-3 x the deposit. There is no defence so the judge would award it to you but the amount may vary.

TheObstinateHeadstrongGirl · 03/02/2023 20:05

007DoubleOSeven · 03/02/2023 20:04

Thought it was the law now that they have to put it in a protection scheme?

Show quote history

It is - but that can just mean buying a certificate and keeping the money in their own bank account.

In a LL and I have a special account I keep the money in. If I withhold a deposit and a tenant disputes it I have to send the amount they’re disputing to the scheme while they mediate/investigate

Original poster
GreenHatsin · 03/02/2023 20:06

@chenford I'm so sorry to hear that. I've been a really good tenant and I thought I got on quite well with my landlord. I regularly take in his post and I never complain about anything.

I'm also a very tidy and clean person. This has thrown me massively.

OP posts:
Tinkerbyebye · 03/02/2023 20:06

@TheObstinateHeadstrongGirl

yes they do since 2007 on assured tenancies which this is likely to be

www.gov.uk/deposit-protection-schemes-and-landlords

TheObstinateHeadstrongGirl · 03/02/2023 20:06

OP if you only moved in 2 years ago then any LL with half a brain would email a copy of the deposit protection certificate. Check your early emails from him! If it’s not there - then boy you are in for a payday, wether you did damage or not!

lookslikeabombhitit · 03/02/2023 20:07

@007DoubleOSeven you're right. If it's an assured tenancy that started after 2007 then it should be protected.

www.gov.uk/tenancy-deposit-protection

TheObstinateHeadstrongGirl · 03/02/2023 20:07

Tinkerbyebye · 03/02/2023 20:06

@TheObstinateHeadstrongGirl

yes they do since 2007 on assured tenancies which this is likely to be

www.gov.uk/deposit-protection-schemes-and-landlords

I assure you the TDS do not have my tenant’s deposit, but it is still protected. LLs don’t HAVE to hand over the cash.

dirt · 03/02/2023 20:07

Why is he getting post to the flat?

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