Landlord problems questions

Sazzyukrafc

I've posted before about this problem regarding the landlord ignoring our request of deposit for two months.

Some background...
-We moved out over two months ago
-It was a second six month tenancy agreement
-We didn't end the tenancy early
-We asked to have cats when we first moved in and they said yes
-Estate agent checked house (landlord lives abroad) and agreed no deductions would be made
-We requested return of deposit through Deposit Protection two months ago
-Landlord and estate agent have ignored our phone calls for two months
-The house has since been rented out again, despite estate agent saying they couldn't get in touch with landlord
-When we moved in, they were going to throw out the sofa and we said we'd take it off their hands...we made a mistake and didn't have this in writing, and kept the sofa in the house. When we moved out, they said they never said this
-The sofa already had wear in one side and the kittens messed with it, but obviously we weren't too bothered because as far as we were aware the landlords had thrown it out

We rang the estate agents saying we would like the name of the owner/manager and they suddenly said they had heard from the landlords (!!!). They are supposedly sending us the email in a letter at our request to have written proof.

We are confused and slightly concerned what on earth this could say, we didn't tell them we were leaving at the end of the tenancy? The hole in the couch was slightly worse?

So, here are my questons...

1) The house has been rented out again, so that means there was nothing wrong with the house, otherwise they should have told us and took it from our deposit before it was rented again, if not, surely they are letting a house which isn't rentable.

2) A number of people and internet research brings up that the landlord has two weeks to register any problems with the state of the house or return the deposit, which they have failed to do.

3)It was a six month tenancy agreement, we didn't end the tenancy early so we didn't need to give a month's notice. We did tell them about 25 days before that we wouldn't be renewing it.

In summary, am I right in saying that they do not have a leg to stand on because they did not register any problems with the house within two weeks and have since let it out again?

kurjam

2) A number of people and internet research brings up that the landlord has two weeks to register any problems with the state of the house or return the deposit, which they have failed to do.


does this mean if a landloed does not let you know of any problems within 2 weeks of you moving out they have to return your deposit ?? as my landlord kept £600 because he claims there were problems this was 2 months after we moved out that we got a letter from him,

Sazzyukrafc

Hi - This is only from my own research and I don't know if it is correct, so that's why I'm checking this up. Keep an eye on my thread to see if anyone in the know can help!

sooz

Did you write to the agents requesting the return of your deposit?

Have a look at the DPS website, & follow the procedure for the single claim process. It will cost you £5 for a statutory declaration.

https://www.depositprotection.com/Public/FAQs.aspx?section=SingleClaim

charmed-imsure

My deposit is also held with Tenant Deposit Scheme. Is yours held in the same one? Ours is a government run scheme (we rent via an estate agent). You may be entitled to up to 3 x the deposit value in compensation if the landlord breaches anything to do with the tenancy or deposit... which scheme is yours held in?

Sazzyukrafc

Thanks Sooz - when the estate agents said no deducations were to be made they said to request the deposit, which we did. We did this immediately through the DPS, who then sent us a confirmation letter and said a letter had been sent to the landlord to approve the refund of our deposit - they have seemingly ignored this.

We emailed the DPS and they were helpful, they advised we had one last go and if nothing happened then to go through the single claim process.

I would like some help in case they try and take money out of the deposit, so that I know my rights and the legal stuff behind it - i.e, the two weeks to register problems and that it has since been rented out.

Thanks!!!

Sazzyukrafc

It's in the Deposit Protection Scheme.

We have also since be advised that because they didn't register this by a certain date (14days after the tenancy starts I think) that they have broken some legislation there, although I'm not 100% sure!

I'm going to wait until I get home and see if the letter has arrived, if not, my complaint letter is going out to the DPS and the estate agent.

sooz

It's all there in the scheme's FAQs

https://www.depositprotection.com/Public/FAQs.aspx?section=Repayments

I am suprised the DPS are still telling you to wait. It's been 2 months!

charmed-imsure

I agree on the 14 days, mine says the same. I have had so many problems with my estate agent that I threatened to report them to the NAEA (they're members) & they soon backed down. Although mine isn't a deposit issue, it's a health & safety one.

The people that hold the deposit anyway should still send it to you regardless of whether the landlord agrees. They can see no dispute has been raised so there's nothing to prevent them giving it back. If they don't have the full funds from the landlord, they can still give it back in full via their own insurers. It's not rocket science so I don't understand why estate agents treat it like it is. I feel for you I really do. I'd threaten the NAEA if they're a member. They come down very hard on members... There's no reason why you can't have your money back & I would be inclined to claim interest!!!

Sazzyukrafc

Sooz - thanks

Charmed - thank you very much, I have written two letters - one for estate agents and one for DPS. I will add the NAEA to the estate agent one

I was advised by another member to state in the letter to the estate agent that if I do not recieve it within seven days that I will take them to the small claims court with them as joint defendents as they act on behalf of the landlords, claiming the deposit, interest and court costs.

Sorry if I seem naive, but we only ever rented this house (we bought two months ago) and all this has confused us a bit. It's very upsetting to not have this money, it's £450, which we really need back with having a mortgage etc...

Sazzyukrafc

Just looked on the estate agent's website and they are a member of ARLA (Association of Residential Lettings Agents).