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Deposit Protection

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  • pinkshoes
    pinkshoes Posts: 20,090 Forumite
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    I would just wait and see what happens first.

    If they refund full deposit or minus fair deductions, then I would leave it at that.

    The court CAN issue a fine of 3x the deposit, but more than often just ask for the return of full deposit. If the LL has already refunded this, then no point taking it to court.

    If the LL does start wanting large deductions, I would ask him to send you evidence showing your deposit was protected from when you first moved in on <date>, and if he can't, then ask for deposit returned in full, otherwise you will take him to court for 3x the amount.
    Should've = Should HAVE (not 'of')
    Would've = Would HAVE (not 'of')

    No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)
  • Comms69
    Comms69 Posts: 14,229 Forumite
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    Revv wrote: »
    I am leaving the flat, not going periodic.



    I thought I would have 6 years form when I leave the flat (contract ends) the make a claim? - correct Proving it for me is should be easy enough, the DPS cerificate states when the funds were deposited (2012). - BUT there's 3 schemes, and you would need to have some evidence, to a degree, that the deposit wasn't in a different scheme in 2011.

    Even if it was protected for the 2011-2012, the failed their responsilibilty to let me know of the details, so they would still be liable. Am I missing something here? - Because it's 6 years ago and you may have forgotten? Certainly my argument would be, as a LL, that it was supplied at the time.

    I agree, but I would like to know where I stand, as I would be really suprised if they didn't want to cover the cost of the a new boiler from my deposit!



    Well that's totally separate issue. If you broke the boiler, they would be perfectly entitled to do just that
  • Comms69
    Comms69 Posts: 14,229 Forumite
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    pinkshoes wrote: »
    I would just wait and see what happens first.

    If they refund full deposit or minus fair deductions, then I would leave it at that.

    The court CAN issue a fine of 3x the deposit, but more than often just ask for the return of full deposit. If the LL has already refunded this, then no point taking it to court. - That's totally wrong

    If the LL does start wanting large deductions, I would ask him to send you evidence showing your deposit was protected from when you first moved in on <date>, and if he can't, then ask for deposit returned in full, otherwise you will take him to court for 3x the amount.



    the 'fine' is 1x-3x, that is absolutely nothing to do with the original deposit.
  • Revv_2
    Revv_2 Posts: 26 Forumite
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    LEJC wrote: »
    Do you have an inventory?

    You perhaps are mixing 2 things here ....the lodging of your deposit and deductions on check out.

    The deductions on check out need to be fair and are usually agreed following check out using reference to your check in inventory....minus wear and tear.....

    I am not mixing them up. There is an inventory and I am aware of the wear and tear thing, and that if I have casued damages it will be covered from my deposit.

    That being said, the landlord has "tried"to pass service charges on me becasue it was only reasonable that I paid them! (contrary to the contract which clearly stated that the ladlord is to cover service charges)

    I haven't done anything to the boiler. The landlord kept trying to fix a dead boiler at the expense of my convenience (didn't have hot water for the Xmas time for around 40 days!). But I guess he will try to use my deposit nevertheless.
  • LEJC
    LEJC Posts: 9,618 Forumite
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    Revv wrote: »
    I am not mixing them up. There is an inventory and I am aware of the wear and tear thing, and that if I have casued damages it will be covered from my deposit.

    That being said, the landlord has "tried"to pass service charges on me becasue it was only reasonable that I paid them! (contrary to the contract which clearly stated that the ladlord is to cover service charges)

    I haven't done anything to the boiler. The landlord kept trying to fix a dead boiler at the expense of my convenience (didn't have hot water for the Xmas time for around 40 days!). But I guess he will try to use my deposit nevertheless.

    You are surmising too much at this stage
    OK.....But do you have a check in inventory?
    frugal October...£41.82 of £40 food shopping spend for the 2 of us!

    2017 toiletries challenge 179 out 145 in ...£18.64 spend
  • Revv_2
    Revv_2 Posts: 26 Forumite
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    Comms69 wrote: »
    I thought I would have 6 years form when I leave the flat (contract ends) the make a claim? - correct Proving it for me is should be easy enough, the DPS cerificate states when the funds were deposited (2012). - BUT there's 3 schemes, and you would need to have some evidence, to a degree, that the deposit wasn't in a different scheme in 2011.

    Even if it was protected for the 2011-2012, the failed their responsilibilty to let me know of the details, so they would still be liable. Am I missing something here? - Because it's 6 years ago and you may have forgotten? Certainly my argument would be, as a LL, that it was supplied at the time.

    Well, isn't the onus on the landlord to prove that they have 1) deposited it withing 30 days and 2) provided all necessary info to me.

    I very much doubt that I have received such document and lost it or forgot about it. Also why would they change the deposit schema at renewal? Why just not leave it there?
  • Revv_2
    Revv_2 Posts: 26 Forumite
    edited 10 October 2017 at 2:03PM
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    LEJC wrote: »
    You are surmising too much at this stage
    OK.....But do you have a check in inventory?

    Yes I do :)
    And there's been just wear and tear, nothing more (happy to cover reasonable costs if they are casued by us)
  • Comms69
    Comms69 Posts: 14,229 Forumite
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    Revv wrote: »
    Well, isn't the onus on the landlord to prove that they have 1) deposited it withing 30 days and 2) provided all necessary info to me. - Not strictly no. You are taking the case to court. You must prove certain elements.

    I very much doubt that I have received such document and lost it or forgot about it. Also why would they change the deposit schema at renewal? Why just not leave it there?



    As for reasons to change:


    Custodial scheme doesn't cost anything
    Insurance scheme allows the LL a greater element of control


    perhaps they chose one over the other?
  • LEJC
    LEJC Posts: 9,618 Forumite
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    Revv wrote: »
    Yes I do :)
    And there's been just wear and tear, nothing more (happy to cover reasonable costs if they are caused by us)

    Then work to that document for your check out.....IF the LL decides deductions that do not meet the wear and tear guidelines then you are able to challenge the deductions with the deposit agency.

    Take plenty of photos on your check out as if you do end up in dispute you will hopefully have photographic evidence.

    You simply can't be charged for a boiler unless you broke it...but I do still think you are clouding your responses a little by bringing in issues that do not directly have an effect on the return of your deposit.
    I guess you want to paint a picture of you having an uncaring LL which may or may not be true however whether your water was off over christmas or not is not now something that you can bring up in defence...you should have tackled the issue at the time ...the moral is you must not assume or try to second guess the LL.
    Stick to the facts.
    frugal October...£41.82 of £40 food shopping spend for the 2 of us!

    2017 toiletries challenge 179 out 145 in ...£18.64 spend
  • Revv_2
    Revv_2 Posts: 26 Forumite
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    Thanks, along with the inventory, we did take planty of photos when we moved in, planning to do the same when we move out.

    The way the LL has dealt with the issues are the primary reason we are not renewing the contract. Youa re correct, I guess I was trying to say that I have an uncasring LL.

    Cheers,
    R.
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