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Not sure what I should do

3 replies

Jampot · 06/01/2009 10:20

We moved into a rented house in March for 6 months and ended up extending it on a month by month basis for a further couple. The house was a family home for the landlord until they decided to move abroad. We moved out because they wanted to come back. Anyway, we moved out during first week of November and still havent had our £1200 deposit back. The deposit is with the agent we originally took the tenancy through. After the 6 months were up we dealt with the landlords direct. Ive spoken several times to the agent and they have to get authority to release the deposit from the landlords. MY tenancy agreement states that any dilapidations must be notified within 10 days of the property being vacated. I had a phone call yesterday from the ex landlord who told me that there was a tear in the lino of the conservatory and that we wouild need to replace it - it cost him £250 originally! Since we moved out and before they moved back there was a gap of about 2 weeks during which time his inlaws had decorators and flooring people in to do the property up for them (it was in a horrid state whilst we were renting). We moved out on the Thursday and they did an inspection on the following Monday but yesterday was the first I had heard from them. I dont recall us causing a tear in the lino but feel pushed to replace it. The ex landlord maintains he informed the agents at the time (who have no note of it) of the dilapidations. So, can I get my deposit back, or do I have to pay for this mystery damage?

OP posts:
iheartdusty · 06/01/2009 10:49

DO NOT agree to replace it.

threaten him with county court action, a small claim to recover your deposit. It is quite straightforward to do.

Also, there are very specific rules about how deposits have to be handled. The agent is not allowed to keep it any more, it has to be put with a deposit service.

like this one deposit protection service

and there are a couple of others as well.

Basically, if landlord did not do it, court can order him to pay you three times the amount of the deposit as a penalty.

it is worth having a good look through that website as you have a strong position to threaten him with court action if he doesn't repay you right away.

Jampot · 06/01/2009 11:06

it was with a deposit protection scheme of which the agents are the holders or something. I cant believe Ive had to chase them so many times. My contract clearly states anything should be notified within 10 days! Now 8 weeks later they come up with something.

OP posts:
iheartdusty · 06/01/2009 11:55

he would be very unlikely to be able to prove that you caused the tear.

  • Between Thursday-Monday anyone could have been there and done it.
  • As you say, your TA says notify in 10 days - you are entitled to assume that all's well after that time.
  • Unless he has photos of the 'damage', with a date stamp, it is only his word that there even was a tear before the decorators and inlaws got busy.

Which deposit service holds the deposit? You should have paperwork about this, and you should be able to go directly to the deposit service to get it released. If landlord disagrees the deposit service should run its own dispute resolution arrangements.

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