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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 · 14/05/2014 11:35

It's in the custodial scheme by the way.

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ReallyTired · 14/05/2014 11:37

I am surprised. The small claims court is an absolute joke as the ablity to enforce a claim is hard. All that happens is that the guilty party ends up with a county court judgment against them. I thought that deposit protection schemes were designed to prevent this sort of problem happening. Otherwise the whole thing is a waste of time and money.

ReallyTired · 14/05/2014 11:40

Prehaps the lady on the phone thought you were a landlord. I suggest you contact CAB or shelter for advice.

specialsubject · 14/05/2014 11:42

this reminds me of the occasion when my partner's car was hit by someone, who denied all liability right up to the point of going to court. At that point they realised they would have to lie in court and stopped arguing.

I get the impression that the landlord is trying the same, hoping to bully you into not going to court. The judgement WILL go against her and she will end up with big costs.

BUT as reallytired says, is this right? have you tried the DPS again to make sure you were speaking to someone who knew what they were talking about?

Verity87 · 14/05/2014 11:44

No, she definitely knew that I was the tenant.

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Verity87 · 14/05/2014 11:46

The information on the DPS website states that both parties have to agree to use the mediation service and that if one or both will not use the service then it will have to go to court.

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ReallyTired · 14/05/2014 11:56

Prehaps its worth asking the DPS if they hold the deposit so that neither you nor the landlord gets the money. If the DPS gives the landlord money then she will have no interest in going to mediation.

www.propertyhawk.co.uk/index.php?page=bible&id=108

Actually looking at this article it looks like the dps will hold the deposit until the courts decide who gets the money in the event of one party refusing mediation.

I suggest you go to the small claims court and sue your landlord for the entire amount of the deposit. The small claims court is not as expensive as the county court. (You are looking at £60) If your landlord has refused to the the alternative arbitration service then it will look really bad on him.

Once you have a court judgment then the DPS will release the money to you. Its not ideal as most tenants do not have £60 to hand.

Verity87 · 14/05/2014 11:59

The DPS do hold the money. They can't release anything to anyone until both sides are in agreement. The money belongs to my parents and they do have the money to sue if necessary. My parents were my guarantors for the property and signed all the forms.

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Verity87 · 14/05/2014 12:02

I agree that the landlord will look bad for refusing the mediation service. They will wonder why she is wasting court time when she could have opted to use a free and impartial service.

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