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Bond not protected

32 replies

Lolimax · 21/01/2016 20:16

Im giving up my tenancy. It dawned on me that my landlord never told me where my bond was protected so I asked him tonight. He thought I was being funny with him and said if I left the house in order I'd get my bond back, that he wasn't out to rip me off. I text back to say no, he'd been a good landlord but I'd like to know which scheme he'd used. I'm pretty sure he has just kept the bond secured himself. He's a decent man and I know I'll get it back but where do I stand legally if there is a dispute and he hadn't put it in a scheme?
Also if he panics now and puts it into one will I be able to get proof it's been in one since I first moved in?

OP posts:
Lolimax · 23/01/2016 13:28

Me again. Taking on board what you've all said and the links you've sent this is what I'm thinking of doing. Can you critique please?
I'm thinking of sending a letter (to be signed for) stating that as he was unable to protect my bond (as per the relevant legislation) I would like it returned to be by cheque asap.
That I will endeavour to return his house to the best of my ability and the 4 named goods (washing machine etc...) in good working condition, and the house will be professionally cleaned. My liabilities end there, and I will ensure all bills are paid up to the day the contract ends and will post the keys back in the door, either to his home address or the rented house.

What do you think? Thanks!!

OP posts:
specialsubject · 23/01/2016 16:30

looks about the size of it - may be worth mentioning something to the effect 'I will return to the house to you in the state that I found it, less normal wear and tear'. Walking on carpets and living in houses wears them out. That is expected.

also don't promise to have his white goods working - provided that you haven't been spinning and rinsing bricks, that's his problem!

don't forget to take meter readings on departure, and contact suppliers and the council to say that you are moving and your liability ends on the date concerned. They will want a forwarding address to send you final statements.

he was 'able' to protect the deposit, so perhaps 'did not protect the deposit as per the legislation in place since 2007'.

just ideas.

Lolimax · 23/01/2016 16:34

Thanks special. I'm replacing the carpets as the dog chewed the stairs carpet and the 3 bedroom carpets have lots of stains on them that I've tried to shampoo off so I'm just going to put cheap carpet down so he can't say anything. Other than that the house is fine.

OP posts:
specialsubject · 23/01/2016 17:55

sounds good. That is indeed damage, not wear and tear. So you may want to add to the letter that you are replacing the carpets, you could even tell him the colour/type which is presumably chosen to match what was there before.

Beige? Smile

specialsubject · 23/01/2016 17:57

actually, hold the front page on that one:

if it had been in a scheme, your deposit would have had deductions for the damage. This is calculated on the area of carpet damaged, but there is a pro-rata deduction for the age of the carpet. So in practice your landlord would get a few quid for this. (which is why rentals have cheap carpet)

so lots of new carpets is really nice of you!!

PotteryPotKnobs · 23/01/2016 21:05

I agree with taking the meter readings, but I took pics of mine then emailed them to myself. This gave a time and date up to what I was liable for in terms of a bill, and anything after that could be sorted with the LL.

Don't ask for the cheque to be sent 'asap' , give him a date that you expect to receive it by, and tell him that if you don't receive it by that date that you will be looking to recovering it - plus the additional x2 - from the small claims court.

Any communications - including the above - do it in writing and post as 'to be signed for' so that he cannot deny receiving it, and keep copies.

If your contract does not state 'professional cleaning needed' then don't do it. Just ensure it returns to him in the state it was when you moved in.

Cantseetheforest · 27/01/2016 07:23

Any update, op?

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