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Landlord trying to pull a fast one re: deposit WWYD?

59 replies

Verity87 · 06/05/2014 17:57

I've just moved house. Before I moved, the kitchen at the rented house I was in was in a terrible state - the work tops were all made of wood which were rotted before I moved in but which got even worse while I was there - the units were all made of wood. The wood surfaces had got to the point where no treatment would make it any better and it just got worse and worse.

In the 3 years that I was there, the landlady never did any inspections at all but texted me occasionally to ask how things were and I mentioned about the work tops and the sink and that it was impossible to clean etc and she said it would be best to replace them when I moved out.

When I gave notice, she came to look at the house and noted that the work tops needed replacing but that she should have done it before I moved in and that it was not my fault. She arranged to have this done and new work tops were put in, again all made of wood.

She is now trying to say that the wooden cutlery draw, which was directly below the sink top, which was rotted right through is mouldy because I put wet cutely in there when, in fact I was never able to use it at all because it was mouldy and dirty in the beginning. There seems to be a threat of keeping our deposit to pay for a new, custom made cutlery draw.

Two weeks before I gave notice, my disabled daughters social worker, who is doing a care assessment for her at the moment looked at the kitchen and said that it was not suitable for us to live in because the kitchen was in disrepair and she wrote this in a report and said that we needed to move out ASAP. She advised us to go on the councils housing list which we did, and we were put on the highest priority band because of the state of the kitchen.

What would you do at this point? I really feel that she is just too tight to pay for the repairs the house needs and is trying to get money off us that she should be paying. Every year the 20 year old boiler went wrong and she said she was going to put a new one in but never did!

OP posts:
Verity87 · 06/05/2014 17:57

Just wondering what I should do - I've name changed because this could out me.

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Roussette · 06/05/2014 18:02

Is your deposit lodged with a deposit scheme? (such as the Deposit Protection Service) They will help you if so. I had something similar happen in a rented house and got back my deposit.

Verity87 · 06/05/2014 18:14

Well she said it is in the deposit scheme but I don't have any proof that it is. In the new house that I have moved into, the landlord was very keen to send me an email proving that the money I paid had gone into a safety deposit scheme.

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Verity87 · 06/05/2014 21:38

Bump

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NigellasDealer · 06/05/2014 21:40

You should go to CAB and Shelter.
If your deposit is in a scheme, you should have some evidence of that.

NigellasDealer · 06/05/2014 21:40

and it is illegal for your deposit not to be held in a scheme

Verity87 · 06/05/2014 21:42

She has never given me any evidence of where the deposit is and I have now asked her which company it is with.

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Polyethyl · 06/05/2014 21:46

If your landlord has not provided you with proof that your deposit is protected (within 30 days of you giving them the money) then you can claim against them.

Verity87 · 07/05/2014 08:39

She's now told me which company it's registered with and I have checked online and it shows up correctly. In the future I will be more clued up about this. As I said my new landlord emailed me the details of the new deposit I paid him as soon as I moved in.

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Verity87 · 07/05/2014 08:46

So we can claim against her because she did not provide proof? In that case she is not going to be able to take anything off us is she?

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bluebell345 · 07/05/2014 08:46

it is in scheme so you don't need to worry, she cant just cut any money from it.
in your new place take pictures, records of faulty things so this doesn't happen again.

specialsubject · 07/05/2014 10:13

as it is in a scheme, if she does raise a claim you raise a dispute. This won't be a valid claim, don't worry.

your new landlord is doing things just as they should be.

Verity87 · 07/05/2014 10:57

Thanks specialsubject. Hopefully this will be over before too long - I am sick of it!

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loveisagirlnameddaisy · 07/05/2014 11:21

The LL has 10 days from end of tenancy to return deposit or it has to be referred to the scheme in which the money is held. I'd simply contact the scheme and ask for your deposit back. Not only is the LL highly unlikely to win in this case, she was v silly not issuing a certificate within the prescribed 30 days as this gives you the right to take her to court for 3x the value of the deposit.

specialsubject · 07/05/2014 14:45

what loveis... said, basically.

future ref for everyone: before moving into a rented property you need to see a current gas safe cert (if there is gas) and to know where the deposit will be lodged. Within the 30 days mentioned after moving in, you should have all the info about where the deposit is lodged and a reference from the scheme.

any signs of shillyshallying before a tenancy about this - walk away!

Verity87 · 07/05/2014 15:15

She only told me yesterday which scheme the money is in because I asked. And I don't have the information about it's reference so we can't phone up and ask for it to be released.

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specialsubject · 07/05/2014 15:32

oh dear. That means she's leaving herself open for YOU to sue her for 3 x the value of the deposit.

you might want to remind her of that....

gelati3 · 07/05/2014 15:39

Is it "just" the cutlery drawer she is looking for you to pay for? How much money is involved?

gelati3 · 07/05/2014 15:40

Also make sure you take plenty photos of the units and drawers.

gelati3 · 07/05/2014 15:42

oops sorry, just re-read and see that you have moved house. Any witnesses?

Verity87 · 07/05/2014 15:54

Yes gelati, the social worker. She looked at the entire kitchen and said it wasn't suitable for us to use.

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gelati3 · 07/05/2014 15:59

Can she verify that the kitchen was rotten at the time you moved in?

loveisagirlnameddaisy · 07/05/2014 17:23

The scheme should be able to identify you from the property address. There are only a few authorised schemes so it shouldn't be hard to get the correct details.

loveisagirlnameddaisy · 07/05/2014 17:24

I'd do what special suggests and let her know she's breached the terms of the tenancy deposit scheme. I'm sure you'll get your money back pronto!

Verity87 · 07/05/2014 18:38

She's already said the fact the work tops went rotten wasn't my fault. She said this in front of the agent who arranges viewings.

In any case it appears that she registered the deposit over 2 months after I paid it to her.

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