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Landlord keeping deposit

29 replies

rollingonariver · 03/03/2018 18:07

My partner and I moved out of a flat on the 1st of February and left it immaculate. It was an absolute shithole when we moved in we literally found shit stains in the loo and we improved the flat greatly.
When it came to getting our deposit back our landlord said that he thinks we caused a hole in the back of one of the doors. We definitely didn't but I said he could take the money if it wasn't going to be a lot so that it would be sorted sooner, I also thought that we couldn't prove we hadn't caused the hole as an inventory wasn't done when we moved in.
I've messaged him a few times since then and his reply is always that I have to wait as he's getting a quote from a carpenter. I honestly think he's hoping a forget and he doesn't have to pay it back. He didn't protect our deposit and I don't know what to do.
He was a dodgy landlord by all accounts and we think he broke the law a lot when we lived there.

OP posts:
rollingonariver · 03/03/2018 18:08

I apologise this isn't well written, I'm on strong painkillers for the last few days and a bit out of it at the moment.

OP posts:
WorriedAndTired · 03/03/2018 18:10

This reply has been deleted

Message withdrawn at poster's request.

DullAndOld · 03/03/2018 18:10

is the deposit held in an approved deposit scheme?

YOu would have been informed about this/received paperwork when the tenancy started.

If not then your landlord is in the wrong and is obliged to return the full deposit.

Could you get to a CAB?

rollingonariver · 03/03/2018 18:12

Thank you @WorriedAndTired. How would we do this? I'm absolutely clueless.

OP posts:
hatters · 03/03/2018 18:12

My understanding is that if he didn't protect the deposit, you are always entitled to the while deposit and there may be fines for him too?

I also think that even if he had protected it, without an opening inventory, he can't prove you did the damage and you get to keep the whole deposit.

Just information I've seen in similar Mumsnet threads!

rollingonariver · 03/03/2018 18:14

@DullAndOld we're 99% sure he didn't protect our deposit. CAB is an idea but is only open when I'm at work so I'd have to take a day off but I'll go as soon as I can.
Thank you hatters ! I've seen similar too but I've no idea where to start.

OP posts:
WorriedAndTired · 03/03/2018 18:16

This reply has been deleted

Message withdrawn at poster's request.

hatters · 03/03/2018 18:16

www.gov.uk/make-court-claim-for-money

More information about the practical.side here.

WorriedAndTired · 03/03/2018 18:17

This reply has been deleted

Message withdrawn at poster's request.

DullAndOld · 03/03/2018 18:17

OK if he had protected it, as he is legally obliged to, then you would have had paperwork.
If you could get to a CAB, that would be great. I mean if it is excess of say , a grand, then it would be worth taking a few hours off work for.
Bloody landlords.

rollingonariver · 03/03/2018 18:21

Thank you so much. I'll chase it now, mumsnet really is invaluable in these situations I probably would have let it go to avoid the dispute.
I'll definitely take the time off work, it's just a pain as it's a new job and I've already had to take time off for an operation Confused

OP posts:
DullAndOld · 03/03/2018 18:23

OK you might not need to go to CAB, as they would probably just go to the Shelter website.
Shelter has really good legal information.

EnriqueTheRingBearingLizard · 03/03/2018 18:26

Yes, your Landlord is legally required to have protected your deposit either by paying it into a scheme or keeping it and paying an insurance policy to protect it for you. Landlords are not only required to do this, but to provide you with the evidence of where your deposit is being retained.

From the Government website
At the end of your tenancy
Your landlord must return your deposit within 10 days of you both agreeing how much you’ll get back.

If you’re in a dispute with your landlord, then your deposit will be protected in the TDP scheme until the issue is sorted out.

Holding deposits
Your landlord doesn’t have to protect a holding deposit (money you pay to ‘hold’ a property before an agreement is signed). Once you become a tenant, the holding deposit becomes a deposit, which they must protect.

Deposits made by a third party
Your landlord must use a TDP scheme even if your deposit is paid by someone else, such as a rent deposit scheme or your parents.

2. Information landlords must give tenants
Once your landlord has received your deposit, they have 30 days to tell you:

the address of the rented property
how much deposit you’ve paid
how the deposit is protected
the name and contact details of the tenancy deposit protection (TDP) scheme and its dispute resolution service
their (or the letting agency’s) name and contact details
the name and contact details of any third party that’s paid the deposit
why they would keep some or all of the deposit
how to apply to get the deposit back
what to do if you can’t get hold of the landlord at the end of the tenancy
what to do if there’s a dispute over the deposit

Don't let him take any of your deposit. He's clearly not complied.

Viviennemary · 03/03/2018 18:26

I agree that you should go to the CAB. I thought by law he had to put your deposit in a protection scheme. Sometimes you can get a phone appointment for CAB or you used to be able to. Ring first rather than take a day off because there might be nobody available.

EnriqueTheRingBearingLizard · 03/03/2018 18:27

Cross posted. Sorry.

tribpot · 03/03/2018 18:28

Maybe try and talk to Shelter. You can check with all three deposit schemes to see if the money is deposited with one of them, although it sounds almost certain that he didn't.

wheresmyphone · 03/03/2018 18:33

Both CAB and Shelter have good websites and tell you what to do in these circumstances. Phone CAB or Shelter: thus can be done over the phone easily re giving you the correct advice and proforma letters you need to send.

Catmint · 03/03/2018 18:40

Some CAB give advice on the phone, and others can give advice by web chat and email. If they have advice line in your area, you should be able to speak to someone quicker.

If you look at the website of your local one, hopefully they may also do an outreach which is easier to get to.

I know it is frustrating not being able to access the service. Please remember that they are charities that have been subject to cuts & are reliant on volunteers. It's not that they don't want to help.

( apologies for slight derail OP, I hope you get sorted)

Catmint · 03/03/2018 18:41

Shelter are also great!

thirtyplusone · 03/03/2018 18:46

Sorry this has happened to you. I had the same problem a few years back dodgy agent ran off with my deposit having never put it in a deposit scheme. I made a small claims court claim against him, which he never paid up but I had the satisfaction of knowing he has a CCJ on his credit file. Small victories.

ijustwannadance · 03/03/2018 18:49

There are only 3 companies deposit can be placed with. It took me 3, 5 minute phone calls to find out our deposit wasn't protected. They were lovely and can tell you very quickly if your address is covered.

specialsubject · 03/03/2018 22:04

All good advice.

If you are in a new rental, read the how to rent guide you should have been given. If you werent, download it from gov.UK because you are going to need it.

Bad landlords prey on tenants that don't know their rights. Don't be prey. And sue the guys sorry arse.

ScruffbagsRUs · 06/03/2018 21:28

So sorry you're going through this OP.

FWIW, I'm starting the ball rolling regarding our previous landlord keeping our deposit. They claim that the agent said the house was a disgusting mess. There were a number of repairs, replacements and other problems such as:

  • recurring black mould on many walls, around the bath and plenty elsewhere (this was brought to the attention of the agent, but nothing was done about it, apart from using at least 2 full bottles of HG Mould Spray)
  • repairs need done to properly seal the window sash in DD's room, with the frame, the beading on the outside of the window was falling off and agent was emailed about it, as well as a few other problems with DD's room).
  • all carpets had cat urine stains that were not shifting with my carpet washer, despite numerous washes.
  • rising damp in the downstairs toilet, which was causing my paintwork to peel off.
  • numerous deep holes that were a result of someone drilling into the walls.
  • unfinished tiling in the upstairs bathroom, as well as a hole in the wall by the tap end of the bath. It was there before we moved in, and was flagged up with the agent.
  • chunks of wood taken out of some of the skirting boards around the house. Flagged up and brought to the attention of the agent.

This is just an extremely small number of prblems that were the responsibility of the LL to fix. None of those things got fixed. There was only a few problems that were sorted by the LL.

Basically speaking, our previous LL rented out a dirty, filthy hovel, and expected their house back in a high standard of repair. Given our financial and time restrictions (I was helping to look after my terminally ill dad and my frail mum, among many other things I had to do in the day), I wasn't able to reach that high standard. I did paint and decorate, but because of a major leak into DD's bedroom, that we had to call the emergency plumber out to stop the leak and put a cap on it (at a cost of £200, which only £100 was paid back very begrudgingly), that alone severely restricted our finances.

All in all, neighbours, friends who were there when we signed the tenancy agreement, all said that we were given a filthy, mould-ridden, flea-infested house to live in and we turned it around to be very much clean and habitable.

Sometimes, some landlords really don't appreciate good tenants.

ScruffbagsRUs · 06/03/2018 21:38

BTW, if your deposit is not protected, your LL could be in deep shit. One LL my friend rented from, for a year, didn't protect her deposit and didn't see to the repairs that were really needing fixed. The court told the LL that they had to return 3x the tenant's deposit and fined something long the lines of £5,500 IIRC from what my friend told me. The LL was seething and apparently broke down saying that they were ruined.

TBH, serves them right for not complying with the law.

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