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  • FIRST POST
    • eeetee
    • By eeetee 20th Nov 17, 1:19 PM
    • 119Posts
    • 1,344Thanks
    eeetee
    Deposit return
    • #1
    • 20th Nov 17, 1:19 PM
    Deposit return 20th Nov 17 at 1:19 PM
    Hi all, looking for some advice as this is a new situation for me.
    I ended my tendency recently and requested the deposit return via the protection scheme that was used. They have informed me the landlord intends to keep the entirety of it. In all honesty I am shocked at that, I went to great measures to leave the property as I found it, and actually left it in a better state than when entered e.g. Paid for carpet cleaning of (previously stained carpets) etc. I have asked for more details from the landlord, specifics of what they deem need cleaning, I just wanted to understand what can happen from here, I understand that should I see fit I can open a dispute via the protection scheme, I just wondered how this works in practise. Whilst I expected the landlord to keep some of the deposit (human nature I'd suggest, to take as much as possible) I am at a lost to understand how they assess the entirety of the amount should be retained. I am just interested in hearing from other similar experiences as I proceed with this.
Page 1
    • aneary
    • By aneary 20th Nov 17, 1:26 PM
    • 799 Posts
    • 699 Thanks
    aneary
    • #2
    • 20th Nov 17, 1:26 PM
    • #2
    • 20th Nov 17, 1:26 PM
    I had to raise a dispute with the deposit scheme to get the LL to return the deposit he claimed that he needed £180 for cleaning despite the check in report saying overall cleaning condition poor and the check out report saying overall cleaning condition good, I got the full deposit back but it was delayed by a month or so.

    Do you have pictures when you moved in and when you moved out.

    I would open the dispute now they have 2 weeks to respond the longer you leave it the longer it will take to resolve if the LL wants to keep all the deposit G_Ms normal cake and tea suggestion is unlikely to work.
    • elverson
    • By elverson 20th Nov 17, 2:26 PM
    • 719 Posts
    • 456 Thanks
    elverson
    • #3
    • 20th Nov 17, 2:26 PM
    • #3
    • 20th Nov 17, 2:26 PM
    Sounds like the landlord is trying it on. Just dispute it through the scheme, you should get it all back but reply on here if not.
    • Gawatate
    • By Gawatate 20th Nov 17, 2:53 PM
    • 10 Posts
    • 11 Thanks
    Gawatate
    • #4
    • 20th Nov 17, 2:53 PM
    • #4
    • 20th Nov 17, 2:53 PM
    I helped a friend get all hers back too after raising a dispute. Give as much evidence as possible in your dispute down to the receipt from your carpet cleaning etc . If you have before moving in pictures, inventory list and after moving out pictures this will be the best. Once the landlord realised we had opened a dispute he wanted to start negotiations with us but we decided to play hard ball, i mean he wanted to charge £44 for a bulb that did not work the 2 years my friend lived in the flat!....
    • 00ec25
    • By 00ec25 20th Nov 17, 3:04 PM
    • 5,532 Posts
    • 4,917 Thanks
    00ec25
    • #5
    • 20th Nov 17, 3:04 PM
    • #5
    • 20th Nov 17, 3:04 PM
    I understand that should I see fit I can open a dispute via the protection scheme, I just wondered how this works in practise.
    Originally posted by eeetee
    no should about it, you will not a get penny back unless you dispute it, otherwise the scheme will assume you agree that that LL is entitled to request it all

    the schemes were set up to deal with this situation, so use them and let them. the process is explained in the guide on their website
    • FBaby
    • By FBaby 20th Nov 17, 3:58 PM
    • 16,114 Posts
    • 39,998 Thanks
    FBaby
    • #6
    • 20th Nov 17, 3:58 PM
    • #6
    • 20th Nov 17, 3:58 PM
    The onus will be on the LL to make a case as to why they should keep the deposit with evidence such as the ast (if for instance the contract says you were responsible to maintaining the garden but you didn't), check in report, check out report, pictures and quotes.

    Of course if you can provide evidence to the contrary, the better.

    You now need to respond to say that you don't agree to their proposal. The deposit company might suggest you try to negotiate again, so there'll be another round until you both agree to use the ADR service.
    • G_M
    • By G_M 20th Nov 17, 5:48 PM
    • 42,221 Posts
    • 49,020 Thanks
    G_M
    • #7
    • 20th Nov 17, 5:48 PM
    • #7
    • 20th Nov 17, 5:48 PM
    Read


    * Deposits:
    payment, protection and return
    • FBaby
    • By FBaby 20th Nov 17, 7:24 PM
    • 16,114 Posts
    • 39,998 Thanks
    FBaby
    • #8
    • 20th Nov 17, 7:24 PM
    • #8
    • 20th Nov 17, 7:24 PM
    Just a thought did you give correct notice? They could be keeping the deposit for what they consider unpaid rent rather than cleanliness
    • eeetee
    • By eeetee 21st Nov 17, 7:29 AM
    • 119 Posts
    • 1,344 Thanks
    eeetee
    • #9
    • 21st Nov 17, 7:29 AM
    • #9
    • 21st Nov 17, 7:29 AM
    Thanks all for your replies. I will open a dispute Via the scheme. I am waiting to receive a report from the letting agency/ landlord detailing the necessary "repairs"/ "cleaning" required. I wouldn't mind, but I actually went out of my way to clean, the ineventory has photos of move-in state but I also have photos of my own and on move out day. The letting agency have been a pain to deal with since my time there, never getting back to you, no record of phone calls so I am wondering if they even have a record of when I amended the inventory to take into account existing damage. I gave correct notice but yet I think the ll is trying it on.
    • smem18
    • By smem18 21st Nov 17, 5:28 PM
    • 40 Posts
    • 24 Thanks
    smem18
    You will be asked to supply a copy of your tenancy agreement and any other evidence such as photos and the check in inventory. Unless there were really significant damages, your landlord will probably have quite a hard time justifying that they should keep the whole entire deposit. It sounds unreasonable.

    I went through dispute last year when my landlord tried to charge me £300 to have a specialist curtain dry cleaner dry clean and rehang the (already clean) curtains - which were in fact better described as unlined, poorly cut linen sheets. It was very simple and the landlord had to try and prove that the curtains were in a less clean state than when we moved in. Of course they couldn't and we got all our money back. Do not let a landlord fob you off!
    • eeetee
    • By eeetee 24th Nov 17, 1:48 PM
    • 119 Posts
    • 1,344 Thanks
    eeetee
    Yes it is clear the LL is trying it on, I am quite looking forward to proving her wrong!
    On a related issue, I am due back some excess rent, having paid the month but handed keys on the 15th, how long should I give before I start to get impatient? I made a request for return on day of key handover.
    • elverson
    • By elverson 24th Nov 17, 2:10 PM
    • 719 Posts
    • 456 Thanks
    elverson
    Did your tenancy actually end on the 15th?
    • eeetee
    • By eeetee 29th Nov 17, 1:52 PM
    • 119 Posts
    • 1,344 Thanks
    eeetee
    Did your tenancy actually end on the 15th?
    Originally posted by elverson
    Yes and I gave the 2.month notice on 15 sept
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