Dispute with Landlord over deposit - any advice appreciated

georgehealy

Hi all, I'm sure this is a common query, but sort of need a tailored answer/advice.

Myself, my girlfriend and her sister moved out of our rented accomodation on 31 Dec. We were paying 900/month with an initial deposit of 900.

We left the house, in what we felt was great condition - there was kitchen leg that was broken which we glued back together. We left the property, took final gas and metre readings, and advised the landlord (by voicemail) of same.

My girlfriend forgot to cancel her standing order for January, and by the time she had realised (Jan1), the bank were unable to reverse it. She informed the landlord by text regarding the situation immediately, and also gave our account numbers for deposit return.

We heard nothing back from the landlord, and my gf's sister contacted him on monday. He advised her that 'considerable damage' had been done to the house, and noted items such as soiled quilts, a missing mattress cover and a broken lamp. My housemate was caught quite offguard, as we weren't expecting any issuses other than the chair to be mentioned. He informed that an inventory check would be completed later in the week and that he would be in contact.

Such was his knit-picking that we decided to review the contract and inventory list. Although one of the mattress covers was removed - in error - they were not listed on the inventory. There was a lampshade of a lamp broken (which was already broken when we moved in) - we naively did not report it as we didn't see it as a huge issue.

Furhtermore, from the contract, we noted the landlord must give 24 hours notice before entry to the property. The landlord had broken this agreement on many occassions as he was painting the back of the house, cutting the grass (all which is secured by fencing, and comes under 'the property) excessively - this was on weekdays and weekends, one of which was the warmest Saturdays's during the summer, creating a hesitancy for us to go and enjoy the sun in our back garden. All for an easy life, we never brought this up with him. In mid-december and during one of the coldest weeks in the year, our heating was out for 5 days (which according to the contract, renders the house inhabitable). We had to inform the landlord 3 times about the issues before it was resolved, and 3 different plumbers had to be called out each time to fix it. Again, and in hindsight, quite naively, we were overly-understanding about it, as 'these things happen.'

Further correspondance (2 telephone calls) initiated by ourselves this week have resulted in the landlord putting a freeze on all deposits until all 'repairs are made'. He mentioned the whole kitchen had to be redecorated, and several items replaced, as utensils and pots were 'scratched'. (We washed down all the magnolia walls prior to leaving the house!! What consititutes wear and tear??) In addition, he REFUSED to return the standing order paid by girlfriend (which was paid in error) until such time as the house was repaired. I promptly notified him that this alone was thefy, and would be a matter for the police if he failed to return it - he is still dragging his feet.

I apologise in advance for the lengthy post, but I need to state the facts. We are 3 professional people who treated the house with respect during our 11 month occupancy. We never unearthed any issues with the landlord prior to this; I think he is completely trying to screw us over.

And advice woudl be much appreciated.

Kind regards
George

EagerLearner

Hi George,
Sorry to hear your issues, I have experience of similar situations and we are indeed now trying to get some cash from an ex landlord.

First question is, did you have your deposit protected by one of the 3 main agencies? Deposit Protection Scheme, Tenancy Deposit Scheme and there's a third - Google should reveal it, I forget the name right now. IF he did not protect your deposit through one of these agencies, he is liable to a fine 3 times the amount of the deposit I believe (someone along shortly might be able to confirm this) as it is now law to protect deposits.

Second question - did you take photos on entry and on exit of the property?

If I were you I'd not mention the 24 hour notice aspect as it might rile him up further.

georgehealy

Hi EL,

thanks for the prompt reply. I'm unsure about this subject; we signed a lease with the landlord, which was stamped by his solicitor. He's advised that all future correspondance will come from / should be directed to his solicitor. It's an extremely infuriating situation I'm sure you'll appreciate!

Kind regards,
G

EagerLearner

Hi George,

Definately infuriating, it generally feels as a tenant that the lanlord always has the upper hand, regardless of whether you were a great tenant.

Anyway, if I were you, I would call or at least see the websites of all 3 agencies.

These will allow you to see if your deposit was protected - some allow you to do a search and check.

Once you establish which agency has your deposit, if any, you will be clearer as to where you stand.

If he has not protected your deposit, you may well be able to then write to his solicitor and quote the legislation that states it is a legal requirement since 2004 (I believe) for all landlords to protect tenant deposits and the penalty for not doing so... but check your standing first.

Also see whether he comes back with any official quotations for the supposed damages.

Can you reply to the other question?

bitsandpieces

Were you renting in Scotland, England or Wales? And when did the most recent contract for the tenancy begin?

clutton_2

when did you sign your last tenancy agreement ?

georgehealy

Hi EL,

We naively didn't take photos of the property - something which I strongly regret. It leaves it as our word against his....

We were renting in Norhern Ireland, and to be honest, I'm not fully versed in what our rights are or what legislation applies (if it differs to mainland UK).

georgehealy

our last lease was signed in August, when we advised we would be moving out at the end of December.

Fire_Fox

I wouldn't worry about the solicitor aspect, just handle the situation in a professional manner and let your ex-landlord pay his huge legal bill at the end!! You really need to be dealing withe the landlord/ solicitor in writing by recorded delivery and refrain from using inflammatory language (e.g. theft). Try to separate the issues during the tenancy with the one at hand, which is the return of your deposit.

clutton_2

August to December is 5 months - most agreements are for 6 months minimum, the LL COULD be entitled to the final months rent whihc you want back....... until you give us the dates and fixed period of the agreement we cannot help.....

georgehealy

our initial contract was for 6 months (feb-august); it was then we informed we would be moving out of the property in December, and signed the next contract to reflect this.

Fire Fox - does using the word 'theft' resemble inflatatory language? It is theft when he fails to return monies which are not is (i.e. not related to the deposit).