to want our rental deposit back without argument?

[debs40]

Hi

We were given notice to quit out of the blue after 6 and a half years in a property. We managed to find a new house to rent and are moving next week. This is two weeks before the notice to quit expires but with the LL consent.

The LL offered to sell the property to us behind the LA's back as they didn't want them to be involved in the sale. For a variety of reasons we chose not to buy. But this has meant that, at their instigation, there has been correspondence passing between us about the move.

The LL want to move back into the property and are going to re-carpet, re-paint and re-floor kitchens and bathrooms. They don't want us to put curtains and blinds back.

I rang the LA yesterday about handover arrangements. They knew nothing about this and said that after we move out an 'inventory clerk' would come round to check the place. I have asked they speak to the LL about the arrangements about carpets/paint etc as I am not going to the expense of doing stuff for no reason.

I've also asked about the garden. It's a bit overgrown and we have employed a gardener ourselves but we can't get him to do anything before we move out so I've offered to cut the grass and tidy up. The LL don't move in for another 6 weeks so even that seems pointless as it's going to have grown back again after that.

The LL now says she's 'taking advice' on the garden. FFS!

I really don't want to lose our deposit. The LL have really done nothing to the place for 6 years. We have two small kids so I've never chased them to update but I have always made the LA aware of the condition of the property. I have tried really hard to accomodate the LL and be amicable over the last few weeks. I'd like to think if it was me I would be quite happy to return the deposit and wouldn't be bothering about the state of the grass but not everyone is the same!

Any advice for keeping this civil and ensuring our deposit is returned?

What makes you think you will lose the deposit.
He has only said he's taking advice on the situation of the garden.

Generally every ll has to include a fair amount of wear and tear into every year of your tenancy. Most ll will have claimed tax against this.
After 6 years with no running repairs or decorations he would be unlikely to expect a pristeen house returned to him.

Be pleasant and firm and don't expect the worst.

We had an interestingly similar thing once. Our LL said he wanted to sell just before Xmas, all very amicable,we found somewhere else he then offered to sell to us we said no. LL got very snippy with deposit and said we were making life difficult by moving out before he sold(we gave the correct notice).

We then had to hound for our deposit,dp then threatened legal action,he then coughed up pretty swiftly. I'd take photos as you leave with a witness,threaten action etc.

I thought people renting were more protected now over deposits,hopefully somebody else will advise.

Good luck.

I think the following is correct. I'm a LL myself.

Your landlord must by law have lodged your deposit with one of two schemes here
If he hasn't you may be entitled to a penalty payment from him. You are also entitled to interest for all the time he has held the moneys (but perhaps only since the scheme was brought in).
They will decide whether you are entitled to receive your deposit back on the basis of the itinerary, not your LL.

Good luck!

Thanks. I think you are only more protected if your deposit was taken after 2007 when the law changed.

I might be worrying unduly but they have been a little underhand in attempting to sell.

I have also told the LLs that I have two kids with chicken pox and I'm moving next week so just want to know exactly what they are expecting. In my experience, letting agents send some twenty something admin assistant in and tick boxes.

I'm just trying to avoid that.

Yes, contractually speaking, we are obliged to do the garden, but I was just hoping they'd say 'please don't worry' in the circumstances

Thanks. I know I'm getting a bit stressed out but two sick kids and a move on your hands makes the best of us lose perspective!

Marla your experience is reassuring!

oh, yes, you're right about the deposit protection scheme only coming in recently. Should have known admin would never be my forte...
Good luck with your move.

I am in the middle of a court case over deposit protection - my ex-landlady/letting agent failed to protect mine and only returned it after I started legal action. The general understanding is that if a renewal tenancy agreement was signed at any point after April 2007, the deposit must be protected.

Did you ever sign a renewal? Because if so, not only must your deposit be protected but also you cannot be served with notice to quit and therefore may have a claim for unlawful eviction.

We did renew for the first few years but we had stopped by April 07 and it lapsed to a
statutory periodic tenancy

I'd make a quick call to Citizen's Advice, just to let you know where you stand. They might have other ideas to smooth things along.

Personally I'd wizz around the garden, hoover carpets once everything is out and put the blinds back up (unless you've got in writing not to bother). Take some photos and the meter readings too.

I was worried about our old LL as he was a bit weird but we had no problems. Try not to presume you'll have an issue beforehand, it might be fine.