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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:
TheObstinateHeadstrongGirl · 03/02/2023 20:07

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

Yep - like I say it can be protected but also in the LL’s ‘custody’

CrazyCorgi · 03/02/2023 20:08

💯 agree that it must be in a deposit scheme. Also, tenants are viewed very favourable these days so, as long as you haven’t trashed the place, you should be fine. We used to rent and the landlord tried this. We won automatically via the TDS because he’d taken inventory photos dated 3 weeks before we moved in when they should have been taken no more than 48 hours before we moved on 😂 Oh how we laughed.

Original poster
GreenHatsin · 03/02/2023 20:09

I don't really mind if he has kept the cash or put it into the scheme. I'm just astounded that he thinks he can deduct anything from it.

OP posts:
ThreeLittleDots · 03/02/2023 20:09

Ask him for details of the deposit scheme he used. If this isn't forthcoming, tell him (in writing/email) that you have been advised to take him to court for the deposit, and that as it wasn't protected he may be forced to repay 3 x the value. He'll do a 180 and you'll get it back, miraculously.

We had this, put the letter through his door, went out to dinner, cash was posted through our letterbox by the time we came back to our new address.

PurBal · 03/02/2023 20:09

Why has your landlords post been going to your home?

(just seen your updates, sounds like he’s messed up)

Chenford · 03/02/2023 20:09

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.

It’s going to provoke an emotional reaction of course, especially if, as you say, you’d previously had a good relationship.

So, one step at a time.

Check on the site I gave the link to whether your deposit has been protected. If it has, you will have to agree any deduction before the deposit scheme refunds the LL.

If not, you can claim back the deposit in full, plus an amount 1-3 times the deposit.

www.gov.uk/tenancy-deposit-protection/if-your-landlord-doesnt-protect-your-deposit

The law is very much on your side here.

Boomboomboomboom · 03/02/2023 20:09

If you never received the deposit protection information he is in breach of regulations and you are entitled to up to 3 x your deposit back in compensation through the courts.

If he failed to protect your deposit you are entitled to x3 deposit through the courts plus HE CANNOT SERVE A VALID SECTION 21 NOTICE until he's returned your deposit in full. So if he has served a s21, but not protected, that s21 is not valid.

So it sounds to me like he has very little choice but to let you go when you want a return deposit in full, or you'll sue him for the difference.

Or get lawyers involved, make his sale difficult given his flagrant breaches and get your deposit and more back!

FirstFallopians · 03/02/2023 20:09

We had similar- when we moved in the place was filthy. We’d been told by the letting agent that because it hadn’t been properly cleaned when we took it over not to worry too much when we left.

As sure as shit, landlord tried to scalp us for a professional clean when we moved out. I was on maternity leave at the time and had all the time in the world to argue back and forth via email.

I called a local housing/rental charity and got advice from them regarding the law, went back via email and made it clear that I was willing and able to take it further unless we could reach a fair compromise.

Ended up agreeing to pay for a replacement fire alarm and for removal of a child lock on the kitchen cabinet that we’d forgotten about, but there was no way I was paying for the cheeky fucker to have his property cleaned.

ThreeLittleDots · 03/02/2023 20:10

I don't really mind if he has kept the cash or put it into the scheme

You should. It's illegal, and designed to protect you from this sort of cheeky-fuckery

TheObstinateHeadstrongGirl · 03/02/2023 20:10

OP - don’t worry. Here’s what is gonna happen now

  1. He hasn’t protected your deposit - you will be entitled to up to 3x the deposit amount as compensation (this is a right to deter LLs from stealing deposits)
  2. He has protected it and so you raise a dispute with the deposit scheme. They decide based on evidence you both submit who keeps what. They tend to favour tenants, so unless he has pictures of an immaculate property from 2021 which has now been damaged beyond ‘wear and tear’ then you will get your money back
Chenford · 03/02/2023 20:11

That link on my last post didn’t work. It’s this.

www.gov.uk/tenancy-deposit-protection/if-your-landlord-doesnt-protect-your-deposit

Ruffpuff · 03/02/2023 20:11

My landlord did this to me. I appealed but the bastard still got £500 from my £700 deposit. I was naive when I moved in, didn’t take any photos of the existing damage. She filled in the inventory beforehand and just got me to sign it (I didn’t really look at it). She blamed me for it all and took my money. No doubt she’ll be trying this again with the next person. She lived in the most expensive area of the city and had a property portfolio. But apparently she needed the money more than someone on 15k a year. Filthy leeches.

Chenford · 03/02/2023 20:12

Sorry, not sure what’s going on there. Just Google ‘landlord hasn’t protected deposit’.

Original poster
GreenHatsin · 03/02/2023 20:12

dirt · 03/02/2023 20:07

Why is he getting post to the flat?

He used to live in the flat and has kept it as his address in order to get his children into the local school.

I don't have kids so I'm not aware whether this is common practice, but be assured me it was fine.

OP posts:
TheObstinateHeadstrongGirl · 03/02/2023 20:12

ThreeLittleDots · 03/02/2023 20:10

I don't really mind if he has kept the cash or put it into the scheme

You should. It's illegal, and designed to protect you from this sort of cheeky-fuckery

Don’t think that’s what the OP meant

OntarioBagnet · 03/02/2023 20:13

Yep, he’s in trouble. Tell him you want the deposit back or you’ll take him to court and get 3x it back if it’s not in a scheme. Or just take him to court anyway.

Chenford · 03/02/2023 20:13

GreenHatsin · 03/02/2023 20:12

He used to live in the flat and has kept it as his address in order to get his children into the local school.

I don't have kids so I'm not aware whether this is common practice, but be assured me it was fine.

Show quote history

It really isn’t fine…

TheObstinateHeadstrongGirl · 03/02/2023 20:13

GreenHatsin · 03/02/2023 20:12

He used to live in the flat and has kept it as his address in order to get his children into the local school.

I don't have kids so I'm not aware whether this is common practice, but be assured me it was fine.

Show quote history

😱😱

Thats really bad - report him to the local authority in charge of school admissions

TheObstinateHeadstrongGirl · 03/02/2023 20:14

OntarioBagnet · 03/02/2023 20:13

Yep, he’s in trouble. Tell him you want the deposit back or you’ll take him to court and get 3x it back if it’s not in a scheme. Or just take him to court anyway.

OP needs to check she definitely didn’t get a certificate first

ThreeLittleDots · 03/02/2023 20:15

I guarantee that this fraudulent pisstaker hasn't protected it

FatAgainItsLettuceTime · 03/02/2023 20:15

Ask him for details of the deposit scheme he has used and inform him you'll be disputing the amount.

Using the address for school is fraud on his part by the way.

TheObstinateHeadstrongGirl · 03/02/2023 20:16

ThreeLittleDots · 03/02/2023 20:15

I guarantee that this fraudulent pisstaker hasn't protected it

People like him make us law abiding LLs look like twats. And they rely on people not knowing their rights to steal from decent tenants.

Chenford · 03/02/2023 20:16

By the way, as a PP says…

He needs to have given you a section 21
If he has, but hasn’t protected your deposit, the S21 won’t be valid.
This means you can’t be evicted - the court will kick the process out.
He’ll have to issue a valid section 21 (after protecting your deposit)

dirt · 03/02/2023 20:17

@GreenHatsin that's not ok that he did that. You should report him. Also check if he has his mortgage company's approval to let the flat out.

friskybivalves · 03/02/2023 20:19

This is all assuming you're not in NI. They have different rules regarding deposit schemes.