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Help with renting deposit return!

13 replies

FoxtrotUniformCharlieKilo · 01/08/2017 17:10

Right, this will be long - sorry! So me and DP rented a property which we were in for just over a year. We had endless complaints from the moment we moved in, including half the kitchen ceiling falling down due to a leak in the shower which took over 6 months of their contractor coming back time and time again to fix, and hen even longer for the ceiling to be replaced, rubbish left behind by the previous tenants and the oven being completely caked in grease and grime and totally unusable by our standards. The main issues were sorted but did take a while and there were still a couple of problems that they had to come out for over the course of our tenancy. However we have always paid our rent on time and looked after the property well.

We had a bit of a hoo-hah about ending the tenancy anyway as we were in a fixed term contract but purchased our own home. They sent us another contract with loads of terms and conditions about paying rent until someone was found, or paying the difference in rent for the full term if they could only find someone by reducing the rent and being responsible for the council tax if we move out before someone else could be found. We said we didn't agree to the terms but the landlord was fine with it and said we could move out when we planned. They found someone really quickly anyway so all fine.

Now something happened to our 10 month old baby 2 days before we were due to move out and he was in hospital for a week. This left the house move for DP to try and do with the help of a few friends and family. He wasn't able to get everything done in time due to obviously wanting to be with his son in hospital and that some people who promised to help kept letting him down.

Eventually everything was moved 3 days after we agreed we would be out. The letting agent was very understanding initially however did get a bit arsey as the days went on, which we do understand but obviously due to the circumstances there wasn't much we could do. On her email she said we wouldn't have to pay any charge if the keys were handed back that day - which they were!

They sent a check out report which was really nit picky and I sent a long email back disputing certain things and advising some things were that way when we moved in, and even attached it pictures from the check on report we had when we moved in which proved most of the points.

There was a door DP punched when we were waiting for the ambulance for DS because he blamed himself for what happened - our carpenter friend fitted a new door for us but this couldn't be done until the following day so I had to go back and get the keys to do that and then drop them back when it was done. Whilst he was doing that I did a few other bits that were mentioned on the check out report like clean some spots on the carpet that were overlooked and throwing some stuff out that was left in the garden. I even put the bins out as they were full and didn't want the new tenants to have a week without a bin.

They've now sent an email saying the landlord is getting quotes for rubbish from a greenhouse. Which is theirs, that we removed with their permission, so whatever is left behind (I think a few slabs) is their problem surely?

Also saying the door needs to be refitted and glossed 🙄 happy to do this but won't be allowing them to charge us through the nose for a 'professional' to do it so our friend will plain down the door some more and DP is happy to paint it.

And also about a window handle in the bathroom that was broken when we moved in but because we never used the small window it was never an issue and wasn't aware we had to report every minor issue. If we reported this when we were in there, there would have been no issues and they would have got it fixed at the landlords expense so I feel they're trying to use us as moving out to get money out of us and perhaps because the landlord has had to spend quite a lot on repairs since we moved in.

We already had to report a mountain of issues over the period of our tenancy and didn't want them thinking we're nightmare tenants that just complain about every little thing. None of these things are mentioned on the check out report either so surely they can't just start adding stuff on because they feel like it?

They're also saying there's 3 days rent to pay. I've sent her back a screenshot of her email which clearly states that unless the keys are handed back that day, then there will be a charge for each day we have had additional possession. I understand it would only be fair to pay the rent, its only £70 but why tell us we don't have to and then say we do, so out of principle and the fact they're trying to get more money out of us for repairs that aren't our fault.

Where do we stand? I know that they have to go through the DPS but what are our chances? Do they generally side with the landlord over things like this?

OP posts:
meg54 · 01/08/2017 17:16

Are you dealing directly with a landlord or through a letting agent?

kittymamma · 01/08/2017 17:22

Hi OP, I am known at work as a master of evictions! One year I was evicted twice! Good going right? Both times for complaining about stuff that should / should not have been done.

So I have had my share of shitty landlords. So I would say trust the deposit people. They are very fair but you have to show them all your evidence. If they said you can have the keys for 3 days without rent payable and you have proof then that's a contract. They can't just tell you now you can't!

Now the bad news, window lock - you'll have to pay for it. You should have told them. I find the term "I don't need you to do anything about this but just need you to know that ..." is a phrase I use constantly during a tenancy to stop being screwed over again. Also, the work that now needs doing, you'll have to pay for it. They don't have to let you back in to do it. I was once charged £64 for removing a dead fly from a windowsill! Insult to injury - I handed the keys back 2 weeks before they did the checkout report - I bet the fly died in those 2 weeks!

Look on the bright side - you are out of the rental game. Well done you! I'm very jealous 😀... one day!

FoxtrotUniformCharlieKilo · 01/08/2017 17:23

Through a letting agent - the pass correspondence between ourself and the landlord. They're not great and now having looked on their Facebook page the reviews are very similar to our experience!

OP posts:
AnnieOH1 · 01/08/2017 17:28

Have you requested your deposit back through the scheme, it doesn't sound like you have. There's only a limited time frame for the return of the deposit or lodging a dispute, when did the tenancy end and when was it supposed to end?

FoxtrotUniformCharlieKilo · 01/08/2017 17:28

I thought so about the rent, I know we had the keys and on the balance of fairness we should pay it but out of principle I don't want to.

I get what you're saying but I thought they had to give us the opportunity to rectify things? We could even get the window handle fixed if we really have to as our carpenter friend works for a windows and doors company! I just don't think it's our responsibility to pay for it?

I just don't want to be changed ridiculous amounts for relatively minor things. I think it's really unfair if that's the case and we're not allowed to fix the issues ourselves.

Ah thanks, yes, so glad I won't have to deal with this type of shit again!

OP posts:
FoxtrotUniformCharlieKilo · 01/08/2017 17:29

No we haven't one that, I thought they had to authorities it?

We were meant to be out by the 16th July and we handed the keys back on the 19th July.

OP posts:
AnnieOH1 · 01/08/2017 17:44

If you served notice to quit and failed to quit by this time the landlord is entitled to claim double the rent (or potentially double the potential rent) for that period.

It is your responsibility to claim the deposit back from the relevant scheme. The landlord either ignores and you get the money by default, authorises or requests deductions. You can dispute this and that opens the way for arbitration.

If you do not have the scheme info you can check using the address on all 3 schemes but if you don't have that information I suspect you have not received it in which case the landlord is opening themselves up to a compensation claim. Do you have the info?

Do you have a mutual surrender agreement in place for the early departure?

meg54 · 01/08/2017 17:53

"I've sent her back a screenshot of her email which clearly states that unless the keys are handed back that day, then there will be a charge for each day we have had additional possession".

Check your tenancy agreement CAREFULLY.
It could be that (if it is a standard contract) you were liable to pay a full months rent if you do not vacate on the correct day. If this is so that is a big concession on the LL's part.

"SO OUT OF PRINCIPLE".
Don't bother - the courts are full of people fighting principles, it's just not worth it for £70.

Landlords will tell you the DPS sides with tenants.
Tenants will tell you the DPS sides with landlords.

Kitty is right, you are out of the renting game. Just pay up and move on. You are going to have your hands full with your new place.
Congratulations on your new home.

FoxtrotUniformCharlieKilo · 01/08/2017 18:21

There was a mutual surrender agreement so if we both agreed then it was allowed. The letting agent then sent us a new contract (with their own recommended conditions) regarding us being liable for X, Y and Z if a new tenant couldn't be found. We didn't sign it but the landlord agreed anyway.

There is absolutely nothing in our tenancy regarding anything like that meg - I checked it all when we were looking at what we had to do to get out of our contract.

Also surely the fact I have it in writing that if they had the keys back on that day they wouldn't charge us. They had the keys back that day so surely they now can't turn around and charge us?

I've logged into the DPS and started the reclaim process. I wish I knew I had to do that because I could have done it on the day we moved out and could potentially have had the money back by now. The landlord hasn't even got quotes yet!

OP posts:
specialsubject · 02/08/2017 18:20

Surprised the DPS was news to you but you are now doing the right thing. It is for the landlord to prove damage.

With the exception of the deliberate door damage ( worrying reaction..) It all sounds wear and tear. And a lazy agent.

Landlord doesn't get new door, that is betterment, but it is not unreasonable to charge a proportion of the decorating cost.

All your contracts are with landlord, not agent. Repeat to agent and ask what landlord says.

FoxtrotUniformCharlieKilo · 03/08/2017 10:19

The letting agent is refusing to take my calls now, she seems to be 'out of the office' or 'busy' every time I ring to speak to her. Her colleagues say she will call me back but she only emails me now.

My partner spoke to her the other day and she said she would speak to the landlord and see what she could do.

She also told him she did another check out report after we rectified the issues (and the landlord added this other shit on) and is now refusing to send me a copy.

Also about the damage to the door - he was just angry at himself because he thought it was his fault! Nothing to worry about and he's never done anything like that before and I can guarantee he'd never turn his hands on me if that's what you're implying. Thanks for your concern though.

OP posts:
specialsubject · 03/08/2017 11:08

speak to letting agent boss. if she IS the boss, raise a formal complaint. Refusing to take calls is ridiculous, as is the other nonsense.

demand landlord contact details if you don't have them. Life is too short to have to go through useless agents.

thanks for taking my other comment in the spirit in which it was meant.

AnnieOH1 · 04/08/2017 11:30

Stop communicating with them. Have you requested the deposit back from the scheme? If they miss the deadlines its their problem then, not yours.

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