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Legal matters

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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 · 07/05/2014 19:30

I've applied to the scheme to get the money back. I'm so fed up about this - it should all be done and dusted now. I have never had a landlord behave like this before and have lived in lots of rented properties. There is no way she should be leaving it to draw out like this. Last week she was saying she had no problems with the house and it seems like she's just trying to swing it.

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Verity87 · 08/05/2014 19:15

She has now come up with a load of other things she wants me to pay for, even though she said the house was fine when she did the inspection last week. She is trying to deduct £80 from the deposit.

Is it better if I seek legal advice at this point? She has not contacted the DPS with any proposals of a deduction.

OP posts:
Littlef00t · 08/05/2014 19:19

At the end of the day, unless she has an inventory which specifies the state of the cutlery drawer before you moved in she doesn't have a leg to stand on.

Littlef00t · 08/05/2014 19:28

Do you have a signed inventory? Does it clearly specify the state of whatever she is trying to deduct for? Does she have evidence of what state it is in after your tenancy? If not I really can't see dps supporting her.

Littlef00t · 08/05/2014 19:29

You could speak to cab or shelter, I don't think you need a lawyer yet.

Verity87 · 08/05/2014 19:46

I think that when I signed the agreement there were just overall pictures of the rooms with nothing specific. In other houses I've lived in there was a specific list of items and their condition.

OP posts:
TribbleWithoutATardis · 08/05/2014 19:55

I had this off a landlord trying to claim from my deposit. We dispusted it with advice from Money saving expert forums and were sucessful in our dispute. I'd suggest going over and posting, they have some brilliant advice on there.

apermanentheadache · 08/05/2014 19:55

If there was no inventory, she has no case whatsoever. Just do not agree to any deductions and tell her that if she presses the matter you will use the dispute resolution service. She really won't want that.

Play hard-ball. She is. Shelter are great for this sort of thing if you need further advice.

ReallyTired · 08/05/2014 20:02

"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."

I use the DPS and they are brilliant. It doesn't matter that you don't have a tenant reference ID. Provided that you have a copy of your contract its easy to prove who are. I suggest you phone them on 0330 303 0030.

Verity87 · 08/05/2014 20:51

Thanks for your advice.

OP posts:
girlynut · 09/05/2014 22:41
  1. The deposit protection scheme will help to resolve any dispute over the return of the deposit. They won't release it to the landlord or back to you until you've both agreed.
  1. The law states that your landlord must register the deposit in an authorised scheme and provide you with prescribed information about the deposit and the scheme within 30 days of receipt. If she has breached this requirement you can claim the return of the deposit and up to three times the amount of the deposit in damages. I would suggest you write to her explaining that she is in breach of her statutory obligations and that failure to return the deposit to you in full will result in a claim against her.

If you want any more help, PM me. I specialise in landlord and tenant law.

Verity87 · 10/05/2014 13:05

Thanks Girlynut, I have sent you a pm.

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Serenitysutton · 10/05/2014 13:13

I was going to post as girlynut did but just wanted to reiterate she has no chance and you will get your money back. TDS are excellent. Hope it comes back quickly.

Your landlord is a arse

Littleturkish · 10/05/2014 13:19

I really hope this gets sorted.

I would sue her for 3x the amount, as she clearly didn't put the money in immediately or notify you that she had.

She sounds like she's just out for the money. Heartless.

Verity87 · 11/05/2014 18:20

Can I just ask what happens if she won't use the mediation service? I've already contacted the scheme to try to claim back all my money but she hasn't contacted the scheme herself at all...

OP posts:
specialsubject · 11/05/2014 20:35

the deposit is yours unless the landlord raises a dispute - I believe (although check with your scheme tomorrow) if she does nothing, then there's no deduction.

I know that when I've had tenants check out, the agent has stressed that any requests for deduction by me(the landlord) must be made within 10 days, which seems reasonable.

loveisagirlnameddaisy · 11/05/2014 21:08

Don't concern yourself with your LL's action or lack of it. Just deal directly with the scheme.

ReallyTired · 11/05/2014 22:35

"I would sue her for 3x the amount, as she clearly didn't put the money in immediately or notify you that she had."

The OP would have substantial legal costs if she sued her landlord for 3x the amount. The amount is far more than the small claims court can handle. Even if she wins the case she may not get legal costs. In theory the DPS should post out a repayment ID to the tenant on behalf of the landlord. Proving that the OP didn't lose the repayment ID is hard.

Anyway back the OP, she should get her money back as the landlord has produce substantial proof to back their claim. Unlike the old system the tenant is innocent until proven guilty.

Verity87 · 11/05/2014 22:51

Yes I did read that if you sue for 3x the deposit it can end up being far more costly and complicated than the small claims court. I just want my deposit back.

Really tired, I do have a repayment ID but it went into my email box well beyond the 30 days allowed to register a deposit. And apparently it takes 5 minutes to do and is free. So there is not much defence for a LL that doesn't do it.

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Verity87 · 14/05/2014 10:26

Ok, I honestly think this person is bonkers.

I suggested that we should use the resolution service at the DPS as we can't come to an agreement. She said that if I use the resolution service she will add on extra deductions.

She is now proposing that she should keep the whole of my deposit!

I think she is going to refuse to use the resolution service.

What should I do at this point? Seek legal advice?

OP posts:
ReallyTired · 14/05/2014 10:55

Verity87
"I think she is going to refuse to use the resolution service. "

She can't refuse. The money is not in her bank account. It may well be worth finding out from the dps whether she has chosen the custodial or the insurance deposit protection scheme. If the money is in the custodial protection scheme and she refuses to use the resolution service then you will get 100% of your deposit back. Its up to her to prove that she has the right to YOUR money.

Go to the resolution and service and not put up with being bullied. It sounds like your landlord is utterly clueless. You will get your deposit back, but it may well be lengthy. She can add on all the deductions that she likes, but unless she can substantiate the deductions then won't get a penny.

Quite rightly its hard work to get a tenant's deposit.

TheScience · 14/05/2014 11:14

She's mad. I had a similar situation where the landlord refused to return the deposit - he wanted to put in a new kitchen (also wood). We went through the deposit scheme, and basically the landlord had to send them all the evidence he had about damage, what he'd spent etc. We then replied with all our evidence - basically saying there was no inventory, no check in or check out done, and we left the property in exactly the same condition minus wear and tear.

As the landlord hadn't done a detailed check-in and check-out with us he didn't have a leg to stand on and we got every penny back.

Verity87 · 14/05/2014 11:25

ReallyTired - the DPS said that if she refuses to use the mediation service then it will have to go to court unfortunately. I explained the situation to a representative at the DPS and she said I need legal advice.

OP posts:
Verity87 · 14/05/2014 11:28

At least I will have some knowledge of the law of this ever happens to me again!

OP posts: