Getting a deposit back..

owensmum75

Hi all!

I need some advice re deposits...
I moved out of my previous property having been there for 4 years (therefore no deposit guarantee dealy) on the 28th Of November. The landlord came and did a look round type thing and we parted company. So far I've heard nothing about my deposit. The property was found through a property management company but the rent was privately handled. There was no inventory/inspection done before or after the rental.
How long does it "normally" take to hear about a deposit? Should I be writing to him yet?

Ta muchly!!

Em

Baron_Greenback

Get onto him ASAP, there's no reason why you should have to wait more than a few days to get your deposit back.

tbs624

Write asap, keep a copy & either hand deliver or send recorded delivery. State the address of the property, the dates of the tenancy & when you moved out. Confirm that all utility bills were paid up to date and that the property was left in the same condition as when you moved in , save for fair wear & tear. Confirm your own understanding of what was said when the LL looked around and ask for the return of your deposit in full within 7 working days.

If he wants to retain any part, he has to return the undisputed balance to you & confirm in writing why he wishes to make a deduction, which you can then challenge or agree to.

If you don't hear within the 7 working days you then send a further letter repeating your request,enclosing a copy of your first lette,r and saying that although you wish to deal with the matter amicably, if you haven't received the deposit within a further 5 days you will begin court proceedings for recovery & will include interest and court costs in the amount claimed. Good luck.

owensmum75

Well, I've heard back from my landlord. From the tone of his letter I don't think we're going to see our deposit again!
He said we left the house needing extensive cleaning (my parents cleaned the day we moved out), that there is a flea infestation (I have two cats but I think I would have noticed an infestation), that the back garden needed several trips to the tip to clear up (we admit we didn't tidy the garden but at most it would have been 2 trips).
He asked us to move out because he couldn't afford to keep the house given the current climate. The day after we moved out he moved in the neighbours son and daughter in law. He paid them £150 to clean the house which he is taking out of our deposit and is claiming that there is still a lot of cleaning to be done. Bearing in mind we moved out in November. I'm not sure what to do. He said he's waiting for a quote for a new front room carpet as we made a hole in it (which is true). Can I ask for copies of quotes? If the property was that bad why did he move someone straight in? When we moved to our new house he had to provide a reference as to our suitability as tenants. He stated we left the property in a good state so why is he now coming up with problems?
As an aside to all this, he left us twice without heating and hot water for a total of 12 days with an infant who suffers with eczema and needs frequent baths but didn't once offer to compensate us. The front room windows leaked like a tap when it rained, a problem I constantly told him about but he did nothing. The back room window didn't shut properly so was always drafty, something I mentioned on many occasions. Any advice would be gratefully recieved!! It was a private let not through a Letting Agent.

barnaby-bear

owensmum75 wrote: »

Well, I've heard back from my landlord. From the tone of his letter I don't think we're going to see our deposit again!
He said we left the house needing extensive cleaning (my parents cleaned the day we moved out), that there is a flea infestation (I have two cats but I think I would have noticed an infestation), that the back garden needed several trips to the tip to clear up (we admit we didn't tidy the garden but at most it would have been 2 trips).
He asked us to move out because he couldn't afford to keep the house given the current climate. The day after we moved out he moved in the neighbours son and daughter in law. He paid them £150 to clean the house which he is taking out of our deposit and is claiming that there is still a lot of cleaning to be done. Bearing in mind we moved out in November. I'm not sure what to do. He said he's waiting for a quote for a new front room carpet as we made a hole in it (which is true). Can I ask for copies of quotes? If the property was that bad why did he move someone straight in? When we moved to our new house he had to provide a reference as to our suitability as tenants. He stated we left the property in a good state so why is he now coming up with problems?
As an aside to all this, he left us twice without heating and hot water for a total of 12 days with an infant who suffers with eczema and needs frequent baths but didn't once offer to compensate us. The front room windows leaked like a tap when it rained, a problem I constantly told him about but he did nothing. The back room window didn't shut properly so was always drafty, something I mentioned on many occasions. Any advice would be gratefully recieved!! It was a private let not through a Letting Agent.

No inventory proving condition/cleanliness before so a good case. It doesn't sound like you left it in great condition though and does sound like morally he should keep some of it.

Even if you did damage the carpet he can only charge you for a percentage of it's second hand value (rental carpets expected to last about 5 years) so b^gger all.

Small claims if you like or try and negotiate something fair....

owensmum75

barnaby-bear wrote: »

No inventory proving condition/cleanliness before so a good case. It doesn't sound like you left it in great condition though and does sound like morally he should keep some of it.

Even if you did damage the carpet he can only charge you for a percentage of it's second hand value (rental carpets expected to last about 5 years) so b^gger all.

Small claims if you like or try and negotiate something fair....

Can I just how you know this stuff?
Please don't take that the wrong way!!!!

sooz

owensmum75 wrote: »

Can I just how you know this stuff?
Please don't take that the wrong way!!!!

can't answer for barnaby, but I'm a LL & I agree with him
TBH, it does sound like you didn't leave the place in a great state - holes in carpet, rubbish in garden & fleas, BUT if your LL didn't do an inventory, he's in no position to prove the state of the property at the start of your tenancy.

He cannot claim for a new carpet - at most a small token payment towards the cost of a new one - as they've had atleast 4 years of wear & tear for you living there. And he would have to prove how old they were & of what quality they were first.

and yes, you should have seen quotes before he tried to charge you for anything, including the payment to the new tenants for them 'cleaning'

follow tbs's advice & put it in writing.

Premier_2

I think you may possibly be being mis-led regarding the cost of the replacement carpet by the words "b^gger all" and "small token payment"

It is true however that you will not be liable for the total cost as allowance must be made for existing wear & tear.
However, there are some carpets that will be lucky to last 2 years whilst others last 20+ years.

So you need to decide, in agreement with the LL, the original life expectancy of the carpet. Also required is how old it actually was.

Let me explain by example.
Lets assume for the sake of argument the carpet was cheap and so did only have a short life expectancy of 5 years. And lets assume the carpet was 2 years old. So if you hadn't damaged it, it would have been expected to last a further 3 years.

On that basis, you would be expected to pay 60% of the cost of a replacement carpet of equal quality.


You are entitled to see valid receipts for expenditure claimed, and don't be fobbed off by a back of the fag packet scribble for his son's cleaning. Unless his son runs a bona fide cleaning company, then don't accept it. I'm also sure such work by his son would not be declared to HMRC, so if the LL wants to push matters, a gentle hint in this direction may soon see that trumped up charge for cleaning removed.

Note also that if the son is not self employed, and declared as such to HMRC, then the LL employed him. You can bet the LL didn't declare him under PAYE or pay employers NI on the sons employment.

barnaby-bear

owensmum75 wrote: »

Can I just how you know this stuff?
Please don't take that the wrong way!!!!

Being on the wrong end of loads of really sh1te landlords :rolleyes: who think the deposit is some eternal fountain of magnolia paint decoration fund....

Look at the tenancy deposit scheme case studies of what the law considers reasonable deductions. Or the OFT tenancy fair term case studies.

Trying to claim a new carpet for a damaged old one is a no-no - it's called "betterment" - after 4 years especially if it wasn't brand new... this is a letting agency description
http://www.homelettingservice.co.uk/wear/index.htm
and ARLAs
http://www.arla.co.uk/infosheets/list.aspx?id=7
(with a table to calculate value of carpet)

To be fair to the LL - fleas like cats and tend to only bite people when kitty moves out so there may have been an issue.... also gardens yield huge quantities of stuff when tidied (even our postage stamp can fill several wheelie bins) and you really should have left it tidy....

but the onus is on the LL to prove it wasn't as clean / in good repair (allowing for "fair wear and tear") and to do that they need an inventory.....

You aren't under the deposit scheme but the interpretation of lawful deductions in the dispute resolution case studies may be useful
http://www.idrs.ltd.uk/Exit/Case_Studies.asp

http://www.idrs.ltd.uk/Exit/documents/TDSCaseStudyBulletin626Mar08.pdf

owensmum75

Premier wrote: »

I think you may possibly being mis-led regarding the cost of the replacement carpet by the words "b^gger all" and "small token payment"

It is true however that you will not be liable for the total cost as allowance must be made for existing wear & tear.
However, there are some carpets that will be lucky to last 2 years whilst others last 20+ years.

So you need to decide, in agreement with the LL, the original life expectancy of the carpet. Also required is how old it actually was.

Let me explain by example.
Lets assume for the sake of argument the carpet was cheap and so did only have a short life expectancy of 5 years. And lets assume the carpet was 2 years old. So if you hadn't damaged it, it would have been expected to last a further 3 years.

On that basis, you would be expected to pay 60% of the cost of a replacement carpet of equal quality.

My ex LL was a tight git so the carpet would have been almost the cheapest he could get away with. I lived in the house 2 months short of 5 years.

barnaby-bear

Premier wrote: »

I think you may possibly being mis-led regarding the cost of the replacement carpet by the words "b^gger all" and "small token payment"

It is true however that you will not be liable for the total cost as allowance must be made for existing wear & tear.
However, there are some carpets that will be lucky to last 2 years whilst others last 20+ years.

So you need to decide, in agreement with the LL, the original life expectancy of the carpet. Also required is how old it actually was.

Let me explain by example.
Lets assume for the sake of argument the carpet was cheap and so did only have a short life expectancy of 5 years. And lets assume the carpet was 2 years old. So if you hadn't damaged it, it would have been expected to last a further 3 years.

On that basis, you would be expected to pay 60% of the cost of a replacement carpet of equal quality.

The OP hasn't said how bad the carpet damage was replacing the entire carpet for a small hole would be deemed betterment (AYKI!!!)- and I assumed it pre-dated the tenancy so at least 4 years old...