Will we be able to get our deposit back?

Fire_Fox

bramble1 wrote: »

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.

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.

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!

All formal complaints or problems should be put into writing and sent recorded delivery, do this from now onwards DO NOT deal with this by telephone. It's a pity one of you were not at the checkout, but that means you haven't signed the inventory - DO NOT sign anything even if the LA/ LL tell you you can't have your money back without it.

You will need to wait for the letting agent to give you a list of what they think you have damaged and what they would like to withhold from your deposit. IIRC this should happen within two weeks but someone else will confirm timescales. I would suggest you go through your records (phone bills and any notes) and work out how many times you have rung the letting agents/ landlord to complain about the property. You should contact the deposit scheme again and ask about the dispute procedure.

It is now for the LA/ LL to prove the condition of the property when you took over, and to prove you have caused the damage that they claim. Without a proper check-in inventory this will be nigh on impossible - but your letters of complaint would have made this much more straightforward. I would dispute every deduction they make, unless it is for something like food in the fridge or rubbish in the bin which you know is down to you. I assume you have receipts for getting the carpets cleaned professionally as well as photos? This will all help the dispute.

Try not to worry, they are probably trying to scare you into agreeing as they think you don't know the law - but we do!

bramble1

Thank you so much!!

I'm going to deal with everything via letter and dig out the invetory we were given when we moved in and see what it says, i remember not being happy with it when we moved in, but didn't want to do anything to 'rock the boat' (we were due to move into a different property with another agent but they sold the house a week before our move in date - we were homeless and had to find somewhere quick!)

I was thinking things over last night and realised i left a mop in the cupboard and a ribbon on the staircase! but i assume that won't cause too much trouble?

We replaced a blind that the dog ate with a like for like one also rather than leave a damaged one.

I didn't clean the oven, but it wasn't in our letter of things to do before we leave that we had to clean it...

I haven't got receipts yet for cleaning the carpets and walls - the company are one that the agents used and we were told we have to use them... The cleaners picked up keys for property from estate agents and cleaned the property themselves, and haven't been in touch since! I wonder if they are taking the money for the cleaning out the deposit?

Fire_Fox

If the money for cleaning comes out of your deposit you will pay an administration charge as well. Pay the bill directly and get a proper receipt detailing EXACTLY what they did (i.e. not 'two hours cleaning £50'). You don't have to use the letting agents cleaners that is an unfair term BUT it will be in your favour that you did as you can state you did exactly as recommended. Don't admit to not cleaning the oven or indeed anything else, let them prove what the condition of the place was like at the start and that it is now in a worse condition. You know that cannot be done!

bramble1

I didn't request the money for the cleaning came out of our deposit, I just haven't heard from them since they went in to clean, unless they have our forwarding address from the agents and a bill is in the post? I shall find out.

I put in my letter asking for premission to keep a puppy that we'd use a cleaning company recommended by them, because i really wanted a puppy and thought that would encourage them to say yes.... But again we never signed a new contract stating the new terms, just got a one line letter back saying 'yes you can have a puppy.'

I won't admit to not cleaning the oven, i'm pretty sure when we moved in it hadn't been cleaned. The taps in the kitchen and bathroom were covered in limescale, their remarks were ' oh well you'll just need to use some limescale remover in here' they weren't bothered about the state when we moved in which is why i am SO mad they're commenting on it now!

bramble1

We've not heard from the estate agents since the snotty voicemail? When should I expect to hear from them re: the deposit?

Fire_Fox

IIRC they have fourteen days to put to you in writing if they wish to withhold any part of your deposit. Presume you have now paid the cleaning bill? You may need the receipt for challenging any deductions.

bramble1

I was sent the invoice for the cleaning on Friday - will be paid this week.

Is that 14 days from the end of the tenancy?

bramble1

It's been 14 days since our tenancy ended and we've not heard a thing from the estate agents, they've been forwarding our mail but have said nothing with regards to returning the deposit. Whats the next step I need to take?

Fire_Fox

IIRC they have fourteen days to let you know about any deductions and twenty eight days to return your deposit, but check that with the deposit scheme website as I may be wrong. If that's correct, wait another two weeks and write a brief polite letter asking for your your full deposit to be returned. Send to the landlord by recorded delivery and copy to the letting agent, as the landlord is responsible for returning your deposit: consider Xmas post in your timescales.

I wouldn't mention anything about any wear and tear/ accidental damage/ stains etc. At this stage your stance is that you are not aware of any problems with the checkout as the agents have not communicated this to you, so why would you think to mention it? As I probably said earlier don't get into a position of defense as you have nothing to defend.

bramble1

Is it 14 days just 14 days or 14 working days? eitherway we've not heard a peep from them since the mean voicemail.

I'll just need to check the post when I get home, buttt if they've not mentioned anything about a deduction by now, what if they try and bring it up say next week? I'm 100% sure they will dispute giving us our full deposit back.