Rent Deposit - Landlord making me a bit nervy!

MercilessKiller

Only thing in contract with regards to cleaning is:
"

1. Yield up the Property at the end of the tenancy in the same clean state and condition as it was in the beginning of the tenancy, and make good pay for the repair or replace all such items of the Fixtures, Furniture and Effects as shall be broken, lost, damaged or destroyed during the tenancy (reasonable wear and damage by fire excepted)."

My parents were angry over this however due to the awful state my room was in when we moved in.

I can't get back to the property now until the week I move out, and though I can contact 2 tennants, one has seemed to have vanished off the face of the earth! Will ring the other 2 anyway and see if we can sort out a cleaner of some sort.

I definitely don't think the deposit is being held in a scheme, or at least he hasn't provided any information at all to suggest it has.

I don't want to risk losing more though, as I've tried staying on his good side the whole year to avoid problems. How should I word the email requesting information about the deposit without getting on his bad side?

I believe email would be ok as he contacts us all via email and replies pretty quickly to messages too. Plus as I'm not in the same location until I'm back I can't really pick up mail.

becky_rtw

Call shelter and deal in letter ONLY sent recorded delivery to his address as on the contract - that way if it goes to court you'll have a paper trail, I dont think email is really seen a sufficient tbh (although others may disagree)

And dont ask about deductions till you've moved out...

So you want to say two things:
1. I've noticed this clause ,insert clause about popping over> and it breaks our right to quiet enjoyment and is an unfair term and therefore I would request that you do not enter the property without 24 hours written notice and at a time we have agreed to.
2. I also notice I have never received a copy of my deposit scheme certificate - I would be grateful if you could forward this to me as soon as possible as under the housing act 2004 it is a legal obligation to provide tenants with this information

(I just want to check that you dont let directly from your uni i.e. they are not your ultimate LL as then dps doesnt apply!)

I'd leave it at that for now - all very nicely put - if they come back with 'well you're not registered' then you can start with the threatening letters

MercilessKiller

No I don't let from the Uni, but the guy is registered on the private accomodation "section" of hte university website. So they list his properties as he fits the criteria.

I've emailed them with the full information as well.

For now I'm going to have to email the landlord with the request of the certificate. This is because I'm moving about a LOT due to work for the next few weeks, and then move out! At least I can find out the information first and revert to paper letters if I need to start getting threatening...?

Appreciate all this advice by the way Will call shelter tomorrow (I assume they're closed now...).

GrammarGirl

It is illegal for your LL not to register your deposit in a scheme. If he takes an unacceptable amount from your deposit and you go to court, he will have no grounds for dispute because he did not protect your deposit.

Also, I think I'm right in saying he also cannot make deductions for damage because there's no inventory. Again, if you decide to take him to court I believe (not 100% sure but I think so) he wouldn't have a leg to stand on because there's no inventory. Really, you'd be right to leave your room in a complete state because that's 'returning it to the condition you found it in'.

Also, he MUST give you 24 hours notice before entering your home, and you can refuse if you don't want him to. Also, he can't take money from your deposit before your tenancy has ended, because you have a chance to put the mess right yourself. He can only make deductions when he does an official inspection at the end of the tenancy, when you have agreed you've done all you can/want to to return the property to its original condition.

I would maybe reiterate this information to him before he thinks about making deductions from your deposit. If you prove you know what you're talking about, he might not be so cheeky!

GrammarGirl

MercilessKiller wrote: »

"

1. Yield up the Property at the end of the tenancy in the same clean state and condition as it was in the beginning of the tenancy, and make good pay for the repair or replace all such items of the Fixtures, Furniture and Effects as shall be broken, lost, damaged or destroyed during the tenancy (reasonable wear and damage by fire excepted)."

Sounds like a contract written by someone who knows nothing about the law, renting... or the English language in general! Damage by fire expected? Yield up the property? Make good pay for the repair or replace all such items?! My God!

MercilessKiller

Thanks again Seems like some great advice there. Won't do anything hastily though and collect/review all replies and speak to shelter before mailing him!

Fire_Fox

MercilessKiller wrote: »

No I don't let from the Uni, but the guy is registered on the private accomodation "section" of hte university website. So they list his properties as he fits the criteria.

I've emailed them with the full information as well.

For now I'm going to have to email the landlord with the request of the certificate. This is because I'm moving about a LOT due to work for the next few weeks, and then move out! At least I can find out the information first and revert to paper letters if I need to start getting threatening...?

Appreciate all this advice by the way Will call shelter tomorrow (I assume they're closed now...).

This could very easily end up in the small claims court. If so you need a paper trail: e-mail is not sufficient. E-mails may not be read regularly, people change their accounts, you can make a typo in the address. Recorded delivery letters will give you a proof of posting AND a proof of receipt.

I am really an*lly retentive about sending important letters recorded delivery, and stapling the receipt to my copy of the letter. But I reckon I have saved thousands of pounds over the years by making complaints/ formal queries properly and keeping a full record. :T

By all means write the letter to your landlord and e-mail it to your parents and they can take it to the Post Office on your behalf - I am sure they will be impressed that you have taken the time to research this issue when it's a busy time of year. Or send an e-mail AND a postal version to your landlord stating on the letter that you have done both. One might 'go astray' ...

MercilessKiller

I think I'll do the e-mail AND letter version.

The landlord is good in the sense as he always replies to emails very quickly, thus I have an email chain which includes the contract (he sent it via email origianlly). And no doubt he'll reply via email too, but as advised I'll send both to cover my back. That way if he replies by email instead of post I can receive it!

Much thanks!

MercilessKiller

Emailed the landlord informing him of the day I'll be moving out and requesting the hoover to be fixed as promised a few months ago.

Also requested the certificate as becky suggested.

If I have no reply by this afternoon I'll post a letter recorded delivery.

Will let you know the reply!

MercilessKiller

Very interesting reply from the landlord... he called it a deposit early on and even wrote £280 deposit" on the top of the contract in handwriting. His reply in email was:

"I will have a look at the hoover, i did leave filters for it in the garage!. Regarding deposit, you have not paid a deposit, I merely ask that you stay two months in advance, the deposit scheme is uswless, I have known students to wait up to four months to get their share of deposits back. so I dont use it."

I'm confused as to what he means as in a previous email he said I will get the remainder of the money back after professional cleaning after I've left!

On a previous email in the chain I asked:
" Are you going to be available to return keys and exchange the damage deposits back to us?"

And he replied

"I will use cleaners once you all move out, but as to cost, it depends on how long it takes them to do, and what needs doing."
and
"I hear what you say but the deposit is to cover the cost of cleaners and any outstanding utility bills when you move out, rest assured that you would get the balance of your deposit refunded direct to your account."