We’d like to remind Forumites to please avoid political debate on the Forum.
This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.
PLEASE READ BEFORE POSTING: Hello Forumites! In order to help keep the Forum a useful, safe and friendly place for our users, discussions around non-MoneySaving matters are not permitted per the Forum rules. While we understand that mentioning house prices may sometimes be relevant to a user's specific MoneySaving situation, we ask that you please avoid veering into broad, general debates about the market, the economy and politics, as these can unfortunately lead to abusive or hateful behaviour. Threads that are found to have derailed into wider discussions may be removed. Users who repeatedly disregard this may have their Forum account banned. Please also avoid posting personally identifiable information, including links to your own online property listing which may reveal your address. Thank you for your understanding.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
The Forum now has a brand new text editor, adding a bunch of handy features to use when creating posts. Read more in our how-to guide
not getting deposit back
factor29
Posts: 206 Forumite
Hi everyone, need a little help from all you people in the know. The LL/LA are refusing to give us our deposit back, and just want to know the best steps to take.
We moved out on Tuesday, and have today being told that the LL is disputing it.
We lived there for just over 18 months
The things in dispute are:
“marks” on the living room carpet
The carpet is cream, and when we have being inspected in the past, the agent has always said that these were normal “traffic marks” and were to be expected.
The carpet was marked in places when we moved in, and the only marks I can think of which they would bring up, would be where you walk in and out of the living room door, and up the stairs – “traffic marks” We always took our shoes off etc so weve not being treading dirt or anything in. We also paid for the carpet to be professionally cleaned during the tenancy.
Threadbare carpet in the conservatory.
This was like this when we moved in – we have never used the conservatory as a ‘room’ – let me explain why (the best bit)
When we looked round the property, we noticed a leak in the conservatory roof. We reported this and when we signed the letting agreement, we were assured this had being resolved.
A few weeks after moving in, it started again – and we realised that the roof had being sellotaped with duct tape. It took us approximately 4 months for the LL to agree to get someone to come out and have a look, then another 6 weeks for the LA to arrange someone who stuck to plans to come out. The contractor then said he was too busy, and we agreed with LA to get someone local to come and have a look, who fixed the problem FOC.
We have never used this room since except as a storage area for things like the LL old broken TV which they left, and patio chairs which fold up (never wet or dirty)
Broken door in conservatory
They are saying that they are unable to open the conservatory door. The door has always being difficult to open/close and my partner struggled many times to do so and had to ask me. From what I saw when I had a look the conservatory was badly put together, and it had bits of plastic screwed to the frame to lift the lock up slightly. The door always caught on this.
They are now saying this is faulty and we have broke it. They say they are unable to open the door. However, on the final inspection – the agent saw us opening and closing the door – and we even mentioned it was very difficult to do so.
I will also mention that we have never had an inventory done on the property – only occasional inspections (we were told that we didn’t need inspecting as regularly, as the LA knew we took good care of the house and it was always clean.
My question is what do I do know. I am going to ask for everything to be put in writing, and also ask for the details of where the deposit is being held – we have never had details of it – just being told it has being “registered”.
The LA has said they are getting quotes for new carpets “throughout the house” and a new conservatory door?!!
The main reason we moved was because the LL refused to carry out basic repairs, and once actually told the LA “tough – it still works”. Obviously there trying a fast one – the property hasn’t gone up to rent again – so perhaps they want us to pay for renovation and then sell it!!!
P.S we did take a few pictures of the property once the LL started dragging out the repair of the conservatory roof (approx 6 weeks after moving in). Im not sure until i get home this evening whether i took pics of the things actually in dispute - pretty sure the conservatory carpet was one of them though due to the bad condition and the leaking roof.
Thanks everyone in advance for the help.
We moved out on Tuesday, and have today being told that the LL is disputing it.
We lived there for just over 18 months
The things in dispute are:
“marks” on the living room carpet
The carpet is cream, and when we have being inspected in the past, the agent has always said that these were normal “traffic marks” and were to be expected.
The carpet was marked in places when we moved in, and the only marks I can think of which they would bring up, would be where you walk in and out of the living room door, and up the stairs – “traffic marks” We always took our shoes off etc so weve not being treading dirt or anything in. We also paid for the carpet to be professionally cleaned during the tenancy.
Threadbare carpet in the conservatory.
This was like this when we moved in – we have never used the conservatory as a ‘room’ – let me explain why (the best bit)
When we looked round the property, we noticed a leak in the conservatory roof. We reported this and when we signed the letting agreement, we were assured this had being resolved.
A few weeks after moving in, it started again – and we realised that the roof had being sellotaped with duct tape. It took us approximately 4 months for the LL to agree to get someone to come out and have a look, then another 6 weeks for the LA to arrange someone who stuck to plans to come out. The contractor then said he was too busy, and we agreed with LA to get someone local to come and have a look, who fixed the problem FOC.
We have never used this room since except as a storage area for things like the LL old broken TV which they left, and patio chairs which fold up (never wet or dirty)
Broken door in conservatory
They are saying that they are unable to open the conservatory door. The door has always being difficult to open/close and my partner struggled many times to do so and had to ask me. From what I saw when I had a look the conservatory was badly put together, and it had bits of plastic screwed to the frame to lift the lock up slightly. The door always caught on this.
They are now saying this is faulty and we have broke it. They say they are unable to open the door. However, on the final inspection – the agent saw us opening and closing the door – and we even mentioned it was very difficult to do so.
I will also mention that we have never had an inventory done on the property – only occasional inspections (we were told that we didn’t need inspecting as regularly, as the LA knew we took good care of the house and it was always clean.
My question is what do I do know. I am going to ask for everything to be put in writing, and also ask for the details of where the deposit is being held – we have never had details of it – just being told it has being “registered”.
The LA has said they are getting quotes for new carpets “throughout the house” and a new conservatory door?!!
The main reason we moved was because the LL refused to carry out basic repairs, and once actually told the LA “tough – it still works”. Obviously there trying a fast one – the property hasn’t gone up to rent again – so perhaps they want us to pay for renovation and then sell it!!!
P.S we did take a few pictures of the property once the LL started dragging out the repair of the conservatory roof (approx 6 weeks after moving in). Im not sure until i get home this evening whether i took pics of the things actually in dispute - pretty sure the conservatory carpet was one of them though due to the bad condition and the leaking roof.
Thanks everyone in advance for the help.
0
Comments
-
Was the deposit protected?
The Landlord's not allowed to take money from the property to improve their property. Even if you did do damage (not saying you did) the Landlord is only allowed to take money to fix it - not to get the house redecorated :eek:0 -
bitsandpieces wrote: »Was the deposit protected?
The Landlord's not allowed to take money from the property to improve their property. Even if you did do damage (not saying you did) the Landlord is only allowed to take money to fix it - not to get the house redecorated :eek:
Thanks for the reply
Im not sure, the tenancy agreement always said it would be protected - but thats all ive ever had. i did ask for the ref number once, but never heard back. Should this be the first thing i check?0 -
Hiya,
The house i live in has no inventory and when i looked into how liable i would be if there was a problem on leaving i was told two things firstly if there is no inverntory then they can not take any money the second is that if the invertory is taken by your or the landlord it is invalid as neither of you are impartial.
x x:heart2: £365 IN 365 DAYS £2/£365 :heart2: :starmod: eBAY Challenge £70/£900 :starmod:
Debt
:exclamati Natwest CC £792/£344
:exclamati Abbey OD £600/£0:exclamati Npower arreas £478.71 :sad:0 -
Threadbare carpet is fair wear and tear, so nothing due. 'Broken' door is as original, but you do have to watch out for a claim that you placed the bits of plastic which are causing the problem. Traffic marks is more debateableHi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam0
-
I would not count on it. It would depend why and how much opportunity the other side had to do the inventory. If T wanted to attend but was not allowed, I would agree with you.Dreamer2010 wrote: »Hiya,
The house i live in has no inventory and when i looked into how liable i would be if there was a problem on leaving i was told two things firstly if there is no inverntory then they can not take any money the second is that if the invertory is taken by your or the landlord it is invalid as neither of you are impartial.
x xHi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam0 -
DVardysShadow wrote: »Threadbare carpet is fair wear and tear, so nothing due. 'Broken' door is as original, but you do have to watch out for a claim that you placed the bits of plastic which are causing the problem. Traffic marks is more debateable
The traffic marks are no more than just being where you walk past the settee to get to the stairs etc, i dont mean its dirty or anything like that, just that the carpet has changed shape (cant explain any better!). They were there when we moved in, but have got worse over the 18-20 months we have being there - and i cant see how this could have being avoided other than not walking on the carpet!!!
0 -
Ok, please answer these questions
1. Are you in England/Wales?
2. Is your deposit protected, and did you get the information telling you this?
Your situation is pretty simple and you have a good case to get some of the money back, if not all. But how you go about it depends on the answers to the questions above and the evidence each side has, plus how much work you are prepared to put into getting it back.0 -
=== fair wear and tearThe traffic marks are no more than just being where you walk past the settee to get to the stairs etc, i dont mean its dirty or anything like that, just that the carpet has changed shape (cant explain any better!). They were there when we moved in, but have got worse over the 18-20 months we have being there - and i cant see how this could have being avoided other than not walking on the carpet!!!Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam0 -
princeofpounds wrote: »Ok, please answer these questions
1. Are you in England/Wales?
2. Is your deposit protected, and did you get the information telling you this?
Your situation is pretty simple and you have a good case to get some of the money back, if not all. But how you go about it depends on the answers to the questions above and the evidence each side has, plus how much work you are prepared to put into getting it back.
I am in England
The only info i got was on the tenancy agreement saying the deposit would be registered with the TDS, i dont think there was any more info.
Do i need to speak to the LA and get them to put things in writing and confirm which provider the deposit is held with?0 -
Ok, you need to check with the three deposit schemes to see if the deposit has been protected. Just ring them direct and they can tell you.
If it isn't then you can sue the landlord for the return of the deposit plus a 3x deposit penalty. That will probably bring them to the negotiating table!
Please do this and get back to us.
If it is protected, then we have to talk you through arbitration. This isn't a difficult process but to avoid complication let's take it one step at a time.
contact details here:
http://www.direct.gov.uk/en/TenancyDeposit/DG_0663910
This discussion has been closed.
Confirm your email address to Create Threads and Reply
Categories
- All Categories
- 354K Banking & Borrowing
- 254.3K Reduce Debt & Boost Income
- 455.3K Spending & Discounts
- 247.1K Work, Benefits & Business
- 603.7K Mortgages, Homes & Bills
- 178.3K Life & Family
- 261.2K Travel & Transport
- 1.5M Hobbies & Leisure
- 16.1K Discuss & Feedback
- 37.7K Read-Only Boards