Will we be able to get our deposit back?

bramble1

My other half and I have rented a property from a local estate agents for nearly two years now, we've been offered a better house for less money privately so have now moved out and are about to return our keys to the old house.

Half way through our tennancy we wrote to our landlord asking permission to keep a dog, they agreed. I offered to pay a pet deposit, which was never asked for, but I have had the carpets and walls professionally cleaned as requested.

I am worried we won't be given our deposit back as there are a few stains on the carpets, one or two small ones from toilet training the dog (the carpet cleaner may have got rid of these) and also some others, They are where we have had furniture up for the last 2 years so really have no idea if we made them or not

When we moved into the property it was in a disgusting condition, So bad so that we had to insist the estate agents send in a carpet cleaner to sort the carpets out. I am worried they will not let us have our carpet back due to these stains, but, wonder where we stand due to the condition of the house when we moved in, they can't know if the stains were there before or not as they didn't ensure the house was cleaned before we moved in. The cupboards are all off their hinges and have been since we moved in depsite repeatedly asking for them to be fixed, we even had to wait a year before a hole in the ceiling that was the result of a leak was fixed.

In addition to this, when work such as painting the window sill was carried out we were given 24 hours notice and told it would take a day, but the workers continued to return to the property for 3 days (i was off work at the tiem) and i wasn't told about this, they even stored their ladders in my garden, and rather than knock on the door when they saw i was in to ask for access to the garden to get them back, they reached over the gate and let themselves in to my garden!!

What would be considered wear and tear for two years worth of tennancy? He clearly won't be looking to get the carpets replaced as in the bedroom is a large curry stain that was there before the tennants previous to us moved in.

What are my chances and where do i stand if they try to with hold our deposit, especially when i offered an extra deposit to cover wear and tear for the dog and was never asked for it. We've been treated unfairly throughout our tennancy and have really lost my faith in renting (and i'm an estate agent!)

Fire_Fox

Was there a dual signed inventory taken when you moved in? Do you have a written record of the complaints made at the start of the tenancy? Are you going to be present at checkout or do you have photos of the property's current condition? What is the relevance of the painters to your deposit? Stains are not wear and tear, they are accidental damage.

bramble1

we didn't sign an inventory when we moved in, we were just given one. We didnt write the complaints, they were discussed over the phone numerous times over the years. We won't be present at checkout, but i've taken photos.

I know stains are not wear and tear but my point is they've no idea what stains were there at the start of the tenancy as the carpets weren't cleaned untill after we moved in. I went back the property this evening the stains from the dog have been cleared. Will they be able to keep back the entire deposit? I expect to lose some of it, but would like some back too. Especially as the rest ofthe house is in better condition than when we moved in.

vaporate

I just briefly read your post OP.

Is your deposit in a government protection scheme?

If not, the LL is liable to be prosecuted for fraud, or used as leverage as a bargaining trump card.

If it is in a gov scheme, then it can not be released unless both you and LL agree to the terms at the end of tenancy.

Fire_Fox

bramble1 wrote: »

we didn't sign an inventory when we moved in, we were just given one. We didnt write the complaints, they were discussed over the phone numerous times over the years. We won't be present at checkout, but i've taken photos.

I know stains are not wear and tear but my point is they've no idea what stains were there at the start of the tenancy as the carpets weren't cleaned untill after we moved in. I went back the property this evening the stains from the dog have been cleared. Will they be able to keep back the entire deposit? I expect to lose some of it, but would like some back too. Especially as the rest ofthe house is in better condition than when we moved in.

I understand what your point is, that's why I asked about the inventory and letters of complaint as these will form your evidence. Stains and other decor issues should have been listed on the inventory, weren't they? Was the inventory that you were given accurate? Complaints should always be put into writing, sent recorded delivery and the receipt kept for this very eventuality. Why won't you be at the checkout?

Vaporate mentions the damage deposit scheme which came into force in April 2007. Was your deposit lodged, did you sign a first or repeat AST after this date? If it was not lodged you can claim three times the deposit from the landlord via the small claims court, if it was lodged you can use the dispute scheme to get your money back.

If you are confident that there are no new issues with the property, doors were already hanging off and stains that remain were already in place, why would accept any part of your deposit being kept?? It is for the landlord to prove you have damaged the property not for you to prove you have not.

bramble1

We didn't write letters of complaint because our landlord gave us his number and said to let us know if anything needed doing. At the start of the tenancy he seemed nice and genuine, but that changed within 2 weeks of being there.

We signed our agreement in 2008, but have no idea where our deposit was actually put, that i will need to do some research into.

I just assumed no one ever got their full deposit back, I mean we've not damaged the house anymore than how it was when we moved in.

Some workmen broke one of the lightshades and threw it in the skip, they didn't mention this to the estate agents, so I had to make it pretty clear it wasn't us when we had our last inspection.

I won't be at the checkout becaase today would have been the day, due to staff shortages and working till 8:30 tonight I just can't get away to sort it out.

Thanks for the advice guys.

tbs624

Check with each of the three schemes for yourself see link

As Firefox has said, you can pursue a civil claim via the small claims court if necessary (under S214 of the Housing Act 2004)

bramble1

Just had a snotty voicemail from the agent saying the house isn't clean enough! I don't physically know how to get it cleaner, we had the carpets and walls cleaned like we said we would, we've cleaned the bathroom, kitchen, rest of the house. It's cleaner than when we moved in, They keep changing the goal posts!

BexInLondon

Don't panic! Ours made all sorts of threatening noises but we got it back in the end, minus some money for actual damage caused by one housemate, which we took out of her share anyway!

bramble1

I've just rung 2 of the deposit people who've said our deposit isn't with them, waiting to hear back from the third. Their website advertisers you get a certificate when you place a deposit with them, we were never passed this on if it is with them.

I'm just going to let them discuss everything in writing from now on, I'm at the end of my tether with them!

In the voicemail they also thanked us for some money we apparently gave them...not aware I have given them anything! Certainly didn't put any through their door last night.

bramble1

I've found out that the deposit it held by the estate agent but protected by the last company.

I'm too scared to ring them back to dispute the state of the house. Is it best to leave it to them to send it to me in writing?