Deposit dispute

embelliss

Hello,
I have just recently moved out of a flat.

The agents have contacted me saying they are going to take £140 our of my deposit, to replace a bollard in a car parking space.

The car parking space, bollard nor key is mentioned in the Contract or Inventory.

The landlord says that the key for the bollard is lost, therefore they need to replace the whole bollard, which is our fault.

I knew the space came with the flat, but i never parked in there as the bollard was locked up.

It's not my fault that they lost the key and some random person has put it up, therefore locking it in place...

Am I right to say that they cannot take the money for this as it is not in the contract or inventory?

I'm having to run around in circles to dispute this with thedisputeservice.co.uk, it's really giving me a headache. :embarasse

Snooze

What a surprise. Is is the LAs job to find something to knock money off for. It's what they do.

Best advice for tenant's is to never pay your final month's rent. Problem sorted.

Rob

embelliss

Snooze wrote: »

What a surprise. Is is the LAs job to find something to knock money off for. It's what they do.

Best advice for tenant's is to never pay your final month's rent. Problem sorted.

Rob

This is what I'll probably do with the current place I'm living in because the deposit is exactly equivilant to 1 months rent. But the problem with the previous place is the deposit is £200 more than 1 months rent, so my deposit was £795, which is alot of money to lose.

redcar_2

On my tenancy at the back there is a bit for me to sign to say I received keys for front door, back door etc - did you sign something like this and is the key mentioned there?

embelliss

redcar wrote: »

On my tenancy at the back there is a bit for me to sign to say I received keys for front door, back door etc - did you sign something like this and is the key mentioned there?

Nope, they didnt even give me a bit to sign to say I received a front door key lol

RichPenny

Good god these people are scum. My advice would be to ask them where on the inventory it states that you have received this key. Since they cannot do this, it would be impossible for them to charge you.

Incisor

embelliss wrote: »

Hello,
I have just recently moved out of a flat.

The agents have contacted me saying they are going to take £140 our of my deposit, to replace a bollard in a car parking space.

The car parking space, bollard nor key is mentioned in the Contract or Inventory.

The landlord says that the key for the bollard is lost, therefore they need to replace the whole bollard, which is our fault.

I knew the space came with the flat, but i never parked in there as the bollard was locked up.

It's not my fault that they lost the key and some random person has put it up, therefore locking it in place...

Am I right to say that they cannot take the money for this as it is not in the contract or inventory?

I'm having to run around in circles to dispute this with thedisputeservice.co.uk, it's really giving me a headache. :embarasse

<cynic>Agent has key, drops bollard at start of tenancy. Notice given on tenancy, agent raises bollard and bills £140 against deposit</cynic>

vyvyan_2

Incisor wrote: »

<cynic>Agent has key, drops bollard at start of tenancy. Notice given on tenancy, agent raises bollard and bills £140 against deposit</cynic>

That's just what I was thinking.

Loretta

Usually an inventory has a list of keys ie, 2 front door yale, 1 backdoor ...., 2 window lock keys and these days they often have photos if the keys showing the numbers on them.

Check your inventory if it does not mention that particular key or just says 6 keys or something like that they do not have a leg to stand on. What are the TDS saying, this sounds as if it would be straightforward to sort out why is it so complicated

embelliss

Loretta wrote: »

Usually an inventory has a list of keys ie, 2 front door yale, 1 backdoor ...., 2 window lock keys and these days they often have photos if the keys showing the numbers on them.

Check your inventory if it does not mention that particular key or just says 6 keys or something like that they do not have a leg to stand on. What are the TDS saying, this sounds as if it would be straightforward to sort out why is it so complicated

I phoned TDS and they said they cannot comment over the phone...??!!
So I have filled out a dispute form and I am sending it to TDS.
I believe also they don't have a leg to stand on, because the the parking space, bollard nor key was mentioned in the contract or inventory at all- so in reality, according to the paperwork I hav signed, I did not actually get a car parking space with the tenancy on paper (it was only told to me verbally).
I never parked in the space, I always parked out on the road.

It's just really irritating because I want my money back, having paid out a deposit on my new place, and have new bills coming from left and right, I need this money.

paintpot

If it really is as cut and dried as it sounds then I would say it is highly unlikely that the landlord would win this with the TDS. I would write to the agent/landlord (both if possible so both are aware of your standpoint) and state as you have here. Send it registered post aswell.

a) you never received a key
b) no mention of the key is made in the inventory or any other document
c) on this basis they will fail in their attempt to deduct this from the deposit and that you will dispute it until the end and therefore they may as well put their time to better effort.

Hopefully they will then cave in and release your deposit. I assume you have received the undisputed amount back?

I manage a flat that has a key fob to a secure carpark and I know they cost about £50 to replace if they are lost so I have a specific clause in the tenancy agreement/inventory relating to this i.e if the tenant loses it they have pay for the replacement. I think it is hard luck on the landlord if they haven't covered the issue in the inventory or agreement, and I hold that opinion whether they actually gave you a key or not, they should have been more organised.

Good luck.