Please Help- new questions re: Return of deposit

lizzielondon

Hi all,

I know this topic has been covered a lot but i have a few specific questions which I would really appreciste some help with

We have recently moved out of a flat after a one year fixed term ast, which was managed by a la. Although I have the name of the landlord I have never dealt with him directly and the address given on the ta is that of the managemnt company. Land registry showed that he did not have a btl, however i was assured he had permmission to let

We did not have a good relationship with the la, they took five months to fix the bathroom etc, are very rude on the phone seem to be very unprofessional and it transpired at one point most of the people working in the office seem to have never read the ast contracts they issue

deposit is protected- was done so after 16 days originally and then switched to another scheme mid tenancy- took months to get new certificate off them- sent it eventually with note of apology- however they did not send a leaflet i think they were supposed to? don't know if this is important- i'm not looking to screw anybody- i just want what is mine returned to me

I am worried about the deposit for a number of reasons

1. They don't like us

2. they used two different 'independent' inventory companies for check in and check out and the check out report took 2 hours (!) longer

3. although i was there for check out i was told i could not read and sign it there and then and it would be sent to me in the post

4. have received it now. It is so much longer and detailed than the check in mentioning tiny little marks which were not mentioned in the check in report which was fine by me because they couldn't be seen and describing the furniture as 'good clean condition' was fine and I agreed- now i have lots of 'small white mark on botton behind of sofa' which was miniscule and already there- never thought to add to check in as was such a minor detail
NB/ I have about 100 photos of condition when we left and none of these marks can be seen

5. report just tells lies at points- e.g. one light not working- i was there when all lights were tested!

We had the property professionally cleaned but am worried about any proposed deductions for the deposit they may make

nothihg was broken, we maintained the flat well thoughout the tenancy and were good tenants rent never ever late etc

I am wondering where I stand on the differences in the check in/check out report? the two different companies obv have different specifications- on top of this my la is the parent company for the check out company so not independent

Finally my ta states that if the agent/landlord want to make any deductions have to let me know within 10 working days of tenancy ending- if they haven't done by then can i say they have not followed they're own contract? would be easier than going through dispute service- am sure i would get whole deposit back as i have always previously managed to i just don't need the hassle!

Thank you so much for any suggestions

l x

princeofpounds

You will have to go through the deposit arbitration procedure or court. Clauses like the ten-day one in your AST mean nothing and you cannot enforce them.

With all these photos you are fine. Systematically go through the check-out report. For each complaint, note if it is a fair deduction or not. If not, why? Is it fair wear and tear or is it simply incorrect? If it is incorrect, refer to the photo illustrating the true situation. Tabulate it to make it easy for the arbitrator and for you to refer to. If you have no photo

Then write down a list of general bullet points that cast doubt on the assessment. If you have evidence the check-out clerk is not independent then produce it (there is no requirement to use an independent clerk at all, but you need to point out they are not independent so it does not get used as impartial evidence). If you were refused permission to view/annotate/sign the check-out, make that clear.

Collect all receipts from things like professional cleaning and a written description of the service provided.

You will probably not get very far with suing for a penalty if they were a couple of days late with the required DPS information. It is de minimus and the court will not be happy you are wasting their time.

Whether they like you or not is not an issue. This is something that will be dealt with through evidence only. The more prepared you are, the more likely the arbitrator (or court) will be well-disposed towards you and to perceive a pattern of dishonesty on the parts of the agents.

Once they notify you of proposed deductions, or if there is an unwarranted delay, you should raise a dispute with your scheme.

lizzielondon

Thank you for your help, much appreciated

its a shame the 10 day point is not enforceable- what's the point in putting it in? lol

i'm not interested in going after the penalty I just want the deposit back and thought it might help

thanks again

p.s. promise am not totally anal with the 100 photographs, just suspected they may try to shaft us lol

lizzielondon

also does anyone know of a standard formal deposit return request letter online? I want to get it right but don't want to be aggresive- we're going on holiday soon, would be good to get it sorted if possible- also if i lodge with the dispute service do i need a letter before action?

thanks again

lizzielondon

also princeofpounds what do you think of them using two different companies for check in check out- I offered the check out company a copy of my original check in a week before the inspection so they would be able to compare but they didn't want it?

lizzielondon

just a little bump-

any ideas about using two different inventory companies- does it matter?

thanks

lizzielondon

last bump i promise

any other thoughts anyone?

i'm feeling really nervous about this starting to stress!

thanks x

N79

lizzielondon wrote: »

just a little bump-

any ideas about using two different inventory companies- does it matter?

thanks

No (10 char)