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Original poster

Tenant deposit

31 replies

purpleme12 · 08/09/2021 00:39

When you hear from the tenant deposit scheme is that when the landlord tells you why they're keeping your deposit? I thought that you were supposed to get an itemised thing through for what they're claiming for? Is that shown through the tenancy deposit thing?

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thatonehasalittlecar · 08/09/2021 10:07

The landlord can’t keep your deposit (or part of it) without your agreement. If you think it is unfair, challenge it.

So the TD scheme will write to you to say that the landlord wants to keep £X of your deposit. You can agree or disagree. If you disagree, it is on the landlord to prove their case.

So if you have received a notice that they intend to keep £X, just say no, and the process will continue from there. They should provide you with a detailed list of what the £X is for, and you can agree with some / all / none of it.

But again, it is for the landlord to prove, and if they don’t have really good records, including before / after photos from when you moved in / out, it’s really hard for them to prove any damage.

There is also a provision against ‘betterment’, which means that they can’t claim money to make the property in better condition than when you moved in. For example, if it had been painted 2 years before you arrived, and your kids have scribbled on the walls, they can claim for the cost of repainting less 2 years’ worth of damage, not the full cost of repainting.

The TD scheme protects tenants from unscrupulous landlords, so make sure you take your time reading and filling in the forms properly. There are time limits (possibly 21 days) but don’t rush.

Good luck.

Original poster
purpleme12 · 08/09/2021 20:26

The property I've left is in the process of being sold at the minute. There is a buyer. The process has already started. I know because while I was there a person came inside to do a mortgage valuation. And I was emailed to check I'd find somewhere else to live as the landlord said the sale was progressing and he needed to let the purchaser know the situation..
So I believe from this they would be waiting for me to move out before agreeing exchange etc.
So the landlord isn't going to do any work to the property before it's sold it's going to be sold as seen isn't it
Is this something that can work in my favour?

OP posts:
Original poster
purpleme12 · 08/09/2021 20:49

(I mean he already wants to keep the whole deposit)
I haven't had a breakdown yet of what that consists of
I'm just wondering if that will work in my favour or not?

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Dazedandconfused10 · 08/09/2021 21:02

He should have provided a breakdown of costs via tds just reject the claim and request amount back in full.

It doesn't matter that he isn't going to do the work though the funds don't have to go towards putting the house right. He does have to prove through the check in and check out report that you didn't return the property in the state it was let to you. Minus fair wear and tear.

Original poster
purpleme12 · 08/09/2021 21:13

Oh right I see
I guess I'll wait for the breakdown of costs then 😞
So sad 😞

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thatonehasalittlecar · 09/09/2021 09:16

Refuse to accept the LL keeping the full deposit and let the DP scheme do its job. If the LL’s claims are fair, they will allow them. If they are not, or the LL doesn’t have the correct proof, you will get some/all your money back.

thatonehasalittlecar · 09/09/2021 09:24

I’d also add that you have to be given notice in the correct way and with the correct timeframe. This was several months because of COVID (not sure if it’s changed back to normal now). You are in a strong position - without you moving out, the sale cannot progress, so don’t be bullied. I’m not suggesting you be deliberately difficult or anything, but if not having the deposit back will make it hard for you to find another home, it’s in the LL’s interest to be fair. Obvs if you’ve trashed the place, that’s a different story…

KihoBebiluPute · 09/09/2021 10:03

Have you already moved out? If not it's a good idea to have loads of photos of the property taken at the moment when you had removed all your stuff and were no longer there - so they can't claim anything was in a dreadful condition if you have a photo of it being in a reasonable condition.

If there is something in a dreadful condition, then it's great to have photos proving it was already in that state when you moved in, but obviously you can't go back in time if you don't have those - but do take lots of "before" photos of your new place.

As PP say, fair wear-and-tear is expected to be part of the Landlords costs and the rules have an expected lifespan for each thing so if you broke or damaged something that was 4 years old which only had a 5 year lifespan anyway you wouldn't be expected to be responsible for more than 20% of the replacement cost even if it was totally your fault.

In the event of a dispute the Deposit Protection Scheme will usually rule in your favour unless the landlord can totally prove that you were careless and caused unreasonable damage over and above normal fair wear and tear.

Just because the landlord is selling does not invalidate your tenants rights - even if the house has been sold, you don't actually have to leave if you don't have somewhere else suitable to move to and you have been keeping your end of the tenancy agreement and paying your rent etc. You only actually have to leave if formally evicted by a court order and that can take months to organise.

1990b · 09/09/2021 10:23

Do they have an inventory which they took and gave you at the beginning of the tenancy? If not, they can't claim x,y,z without proof.

WombatChocolate · 09/09/2021 18:51

Do you have any idea at all of what they are keeping your deposit? Most would say why, even if in general terms.

Do you feel they are justified in keeping any of it, based on the condition the property is left in, or any rent you owe, compared to when you took it on…..or do you feel they shouldn’t be keeping any of it?

LCDP · 09/09/2021 21:05

When you hear from the TDS of how much deposit the landlord is requesting to return, if it less than the full amount, there should be a list of faults and the price deducted for each fault. If you disagree you can reject the request and the TDS will mediate the dispute. You may be asked to indicate why you are not liable for the fault.

Original poster
purpleme12 · 09/09/2021 21:49

Would there not be a breakdown if it's the full deposit then?

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FlowerArranger · 09/09/2021 21:54

@purpleme12 - no one here can answer your specific questions with any degree of certainty. You need to talk to the organisation that holds your deposit.

Original poster
purpleme12 · 09/09/2021 21:56

Oh right I thought these were general questions

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WombatChocolate · 09/09/2021 22:07

What have you been told about why they are keeping the deposit? It seems unlikely that zero info has been given at this stage.

Original poster
purpleme12 · 09/09/2021 22:09

I think I'll just have to wait till I hear from this tenancy deposit thing
It's ok thanks for the comments
I'm not sure what will happen anyway
Don't really have the strength to keep going with stuff like this

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FlowerArranger · 09/09/2021 23:15

@purpleme12 - you sound exhausted!
But please talk to your deposit scheme.
If they are anything like the DPS, they are very helpful.

Original poster
purpleme12 · 15/09/2021 20:08

I have been told he wants to keep the deposit due to the condition of the property
Can someone please help me word an acceptable email back to the letting agent asking what he's keeping it for?

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crazyguineapiglady · 15/09/2021 20:24

I wouldn't deal with the letting agent, just go through the tenancy deposit scheme.

When I was in this situation (landlord wanted to keep the full deposit and we disputed) the TDS wouldn't accept his estimates for what things would cost, he had to provide receipts for what he had actually paid for.

Original poster
purpleme12 · 15/09/2021 20:37

It says on the tenancy deposit scheme website

If your deposit is protected with TDS Insured, your landlord or agent holds your deposit. You should contact them requesting the deposit as soon as possible after your tenancy ends. You only need to contact TDS if you have a dispute with your landlord over deductions from your deposit.

This is where mine is held.
This is why I thought emailing the letting agent back?
Do you think I should just press request deposit back then on the TDS website?

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Original poster
purpleme12 · 15/09/2021 20:39

(there's probably some things he can claim for apparently he left lawnmower and rake and Spade in the garage. It says in the inventory. I thought they were my ex's and got rid of them. Wouldn't have done it if I'd realised!
But I just don't know what the deposit is accounting for

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crazyguineapiglady · 15/09/2021 20:58

Did you see the inventory when you moved in?
Did you do a check in and check out?

I would request your deposit back and see if he disputes it.

Original poster
purpleme12 · 15/09/2021 21:07

The inventory was definitely given to us when we moved in.
However my ex had it and he kept saying he'd find it etc etc and he never did so we never got to peruse it and discuss it. If there was anything to dispute we had to tell them in a certain timeframe which we missed of course. So that's our (his) fault really.
Eg I don't remember any curtains at the property it says in the inventory there were 2 sets. So we don't have a leg to stand on probably.
The letting agent did a check out and emailed comments. Some which I believe is wear and tear. Some say contents were missing eg lawnmower which was genuine mistake on my part but he's probably in his right to claim for that.
But I'm just not sure if he's trying to claim for all comments on check out which is unfair in my opinion.

But perhaps I should just ask for it back via TDS then.

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thatonehasalittlecar · 15/09/2021 21:47

Request the deposit back, and the landlord will respond to the TDS to say he wants to keep it.

Then he has to say what he wants to keep & why, backed up with full evidence.

Yes, if things are missing but on the inventory, you will need to pay for them - but not full value. He will have to prove the age and condition, and the price will be set according to that.

So if it’s a 10 year old lawnmower, you won’t have to cough up for a new one.

Relax, stay calm, and let the TDS do the work. It’s on your side.

Original poster
purpleme12 · 15/09/2021 22:51

Ah right ok

Thank you

This is very helpful when you're on your own

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