CF landlord withholding deposit

[KarenNotAKaren]

So I moved out a rental property at the beginning of the month (2nd). The landlord only just went on Thursday, without me, to inspect the property. He’s been ill, apparently (for context he was a lunatic and when I cancelled an inspection because my own DD was ill he screamed down the phone at me calling me a liar).

I was meant to drop the keys off with a neighbour on the 2nd but when I knocked they weren’t in. So I went back on the 3rd to make sure they definitely got the keys. He has tried to charge me £40 for retaining the keys.

On Thursday he sent me a text saying “Everything looks fine. Just waiting on this £40 from you now.” I argued the toss and said he absolutely cannot expect me to pay £40 for keeping a set of keys overnight.

No reply. Yesterday I texted to ask him when I will get the deposit sent back.

Got a reply to say that he is waiting on quotes for a deep clean and oven clean and that I left a poo in the toilet, and how dare I be so pressing and impatient with him he has other things to do.

AIBU to think he’s off his rocker? On Thursday everything is fine and then suddenly, when I haven’t been present for an inspection, it needs a deep clean and oven clean just because I won’t send him £40?

Hes now ignoring me. The deposit is £1200. I really could do with it back. It’s protected in a scheme but really I CBA going through all that grief

He actually did a crap in the loo and photographed it and blamed you ? He’s deranged. Go via the deposit scheme and tell him you are contacting them directly.

I have no idea but I didn’t poo and leave it! I mean maybe it popped back up to say hello, but it certainly wasn’t me. I wouldn’t put it last him. He used to message me asking who the person going into my house was! Weirdo

The DPS process is zero hassle. You claim your deposit back online, he gets the opportunity to claim he's entitled to some of it, and if he continues to be a CF and keep any of it you'll both submit your evidence and the scheme adjudicates. He absolutely cannot keep any money for a random floater even if it was yours!

Honestly it's not grief. We had a similar experience and got accused of planting Japanese knotweed, leaving a wasps nest in the (padlocked) loft, I could go on. We stopped answering his ranting calls and left it to the DPS and got our £1600 deposit back minus some cooker knobs which were damaged when the grill caught fire but that was nothing compared to what he was offering us. Please take it to the scheme and let them sort it out. Don't let the bastard win

So I have an answer!

Apparently because my ‘possession of the property’ ran into an extra day LL believes he can charge me a whole month’s rent. Even though I have left - he says that because I went into a ‘new renting term’ that he can charge me for a full month and not return any even though I moved out?!

Surely I’d have had to STAY another month for them to do this?! he didn’t object at the time and say “nope you’re in a new renting term, you have to remain!”

The poo is irrelevant. An adjudicator would say all that was required was a flush, no financial damage.

In regards to cleaning, it depends how long you've been there (wear and tear) and the difference between move in and move out pictures.

The issue of the keys is more problematic. In legal terms, he might sadly have a case. Indeed, if you don't vacate on the day that aligns with you contract date, any stay over counts as a month. You made a mistake by not putting the keys through the letterbox (yours or your neighbour's if that's what he asked). Why didn't you do that?

Because I wanted to make sure that a person collected them. He didn’t object at the time or say this means i would be charged a whole month. Even though I left and the tenancy ended he can charge me a while monthMs rent for 1 day?!

I'm no legal expert so can't comment on the rights he has as a landlord, but do you have copies of correspondence between you and he where you've told him your plans and he's agreed? It might support your case if you can show that he agreed to the arrangements regarding the key return and is only now objecting after the fact.

I do I have texts. No mention of charging a month’s rent in the texts he just wanted a £40 fee sent to him. Followed by messages saying everything is fine, excuses as to why he couldn’t inspect sooner etc

He’s now seemingly changed his mind 2 weeks later.

I am not a lawyer but if you had left, moving everything out, and simply held the keys, I don't think he has a leg to stand on. He could legitimately have entered the property and changed the locks on 2nd, or sent an agent or friend to do so, therefore you holding a set of (redundant) keys would make sod all difference.

Don't pay the £40. Dispute the whole thing online. It's apparently a simple process. If you end up £40 out of pocket, it's a lot less than he wants.

It’s good to know the TDS process is simple. I’m slightly scared of online forms and the like 🤣

Whose idea was it to return the keys to the neighbour? Was that his request? If so he surely can't penalise you in any way if you were unable to return the keys the day before due to the neighbour not being around.

I think in all honesty you've got a very good likelihood of defending this entirely, particularly given you've got texts showing he's chopping and changing on his stated issues!

Yes I was told I wasn’t to post the keys through my own letterbox under any circumstances it HAD to be the neighbour. Who has a dog BTW and I didn’t want to pay keys through the door of a home where dogs were home but humans weren’t

Ok so I got some legal advice and because he insisted I return the keys to a neighbour it would be considered reasonable that I returned them the next day rather than still
Be considered living in the property.

I say legal advice I messaged a school mum who works in this field

Tell him you expect your deposit back by tomorrow at 6pm otherwise you’ll be forced to instigate legal proceedings to get your owed deposit returned.

Just go direct to the deposit scheme and ignore him from
now on, you’re making this more of a drama by engaging with him rather than doing this.

He can't withhold your deposit over the keys. Trust me stop engaging with him and let the DPS deal with it.

The additional day of you having the keys makes no difference as it didn't delay his inspection. Him being ill delayed the inspection.

He sounds a real prick. Deposit scheme all the way! It is easy ish. If you have pictures, and evidence he is a prick then I can't see why they would delay or complicate.

Sorry he's crazy. Just go through the Deposit Company. Ensure he proves the turd is yours.😀

Ask for it to be returned if so...sorry don't do that but that's hilarious