My deposit for the house I live in

stringer_bell_2

I have been renting a nice house for 3 years as I am too lazy to buy

I have had a few run ins with the woman that owns the house due to damage in the garden (my fault but its sorted) and some picture hooks in the wall

a few months ago she said she was within her right to keep all the deposit. i laughed saying i will see what the small claims court say

its 1000 pounds

since then, she has switched the management back to the agency i let it through and i have had a letter from an agency called 'the dispute service' saying they are no longer looking after my deposit

what does this mean?

Fire_Fox

Why are you getting into such an adversarial position with your landlady? Although the law is supposed to protect you, in the real world she holds all the cards.

Gwhiz

Sounds to me that up to recently the landlady had your deposit. It's now in the deposit guarantee scheme.

stringer_bell_2

Why are you getting into such an adversarial position with your landlady?

a what? so she holds all the cards? I thought tha\t was the point of small claims. she had stated to me she intended to keep most of the deposit

Sounds to me that up to recently the landlady had your deposit. It's now in the deposit guarantee scheme

no, its been looked after by 'The Dispute Service' until now

Fire_Fox

stringer_bell wrote: »

a what? so she holds all the cards? I thought tha\t was the point of small claims. she had stated to me she intended to keep most of the deposit

Adversarial - taking up opposing positions. You didn't say she intended to keep your deposit, you said your landlady said she was within her rights to.

The landlady holds all the cards as you live in her house. You have a tenancy agreement that you will probably have broken a few small things on (e.g. wash the windows every month or no overnight guests without permission) plus the damage you admit to. If she wants to give you two months notice she can, if she wants to pick up on every minute thing, she can.

You may well end up getting your deposit back after a lot of to-ing and fro-ing, but that's a lot of hassle. Better IMO to repair the relationship and walk away at the end of the tenancy with your deposit in your hand ready for the next let.

stringer_bell_2

not a landlord by any chance ff?

socrates

Was the deposit protected or not?

If it was - there is no way a LL can take it back without your say so.

I think you need to dig a bit further here - ask all your questions in writing and ask for the answers in writing.

All the cards are NOT in any LL's hands so forget that rubbish.

I do agree it would be better to move on once you have served your notice period.

pinkshoes

Fire_Fox wrote: »

Adversarial - taking up opposing positions. You didn't say she intended to keep your deposit, you said your landlady said she was within her rights to.

The landlady holds all the cards as you live in her house. You have a tenancy agreement that you will probably have broken a few small things on (e.g. wash the windows every month or no overnight guests without permission) plus the damage you admit to. If she wants to give you two months notice she can, if she wants to pick up on every minute thing, she can.

You may well end up getting your deposit back after a lot of to-ing and fro-ing, but that's a lot of hassle. Better IMO to repair the relationship and walk away at the end of the tenancy with your deposit in your hand ready for the next let.

Firefox, you sound like an idiot!!

Stringer bell, who paid for the damage to the garden? And did you put right the picture hooks (take them out and fill the holes)?

She can't deduct fair wear and tear from the deposit, but she can deduct the above unless you already footed the bill.

If you're moving out, then write her a letter (recorded delivery) stating that as you're returning the property in the same good condition as it was when you moved in, then you look forward to receiving your deposit back in the next 7 working days.

If she doesn't reply, write again, giving her another 7 days, and this time say if you don't receive it, you'll be starting court action.

Have you ever renewed your contract in 3 years, or are you on a rolling contract?

DawnW

If the deposit is in a scheme it will take quite a bit longer than 7 days to get it back - even if there is no dispute.

Debt_Free_Chick

Fire_Fox wrote: »

Why are you getting into such an adversarial position with your landlady? Although the law is supposed to protect you, in the real world she holds all the cards.

Personally, I agree with you.

stringer_bell wrote: »

Ia few months ago she said she was within her right to keep all the deposit. i laughed saying i will see what the small claims court say

Comments like this don't help. If a tenant's stance is to "see you in Court" then this is not a good negotiating standpoint.

We only ever get one side of the story here and it's always so difficult to advise on that basis.

But whatever the circumstances, communication and negotiation is almost always the preferred route.

Court Action is the last resort, when all other options have been exhausted.

Fire_Fox

stringer_bell wrote: »

not a landlord by any chance ff?

I let my flat out for two years, had one tenant for the entire time who always paid on time and left the place immaculate. Other than that I have been a tenant myself on several occasions, only had a problem with one agent (found out from neighbours he was a nutter!).

Learned the hard way that there is no benefit in falling out with the landlord/ landlady or agent even if you are right as they can make your life very difficult indeed. Most of my deposit was withheld for several months, despite the owners being present when I moved out and commenting how clean and tidy it was. I got a full refund ... eventually.