Desperately need help with claiming deposit back

delirious

I moved out of a rental house just over a week ago and have contacted the letting agents to get my deposit back. They have protected the deposit with TDS and I did NOT sign an inventory when I moved in.

I had an email back from the Letting Agency stating the following:

Unfortunately there are deductions to be deducted from your deposit:

1. The property needs a thorough deep clean from the dog.

2. In addition to this, the paintwork hadn't been finished when you decorated.

3. There was A LOT of furniture and unwanted items left around the house and in the garage in particular.

4. You were advised prior to vacating that you MUST supply us with your forwarding address and proof all ALL utility bills and council tax liability in your new address.

Until this is all supplied, the Deposit will remain where it is.

Now to address these points individually:

1. There was no dog living at the property and the only dog that entered the property was a little Yorkie that belonged to my fianc! and Yorkies don't malt or anything.

2. The paint work wasn't finished because a piece of Coving fell off the ceiling and I was waiting for that to be repaired.

3. ALL furniture and 'unwanted items' that were left in the house and shed (there's no garage at the property) were there when I moved in, therefore why is it my responsibilty to remove them when I move out?

4. The utility bills are ALL in my name so why should it make any difference to the landlord or letting agency whether they're paid or not? The utility companies will chase me not them as debts follow the person and not the property.

Can anyone offer me any advice? I was always under the impression that because I had not signed an inventory (wasn't even given one to sign), that they couldn't deduct anything from my deposit for anything other than unpaid rent.

I really need advice about what to say to the letting agency as they've requested any further communication to be in writing.

I'm also worried that anything I say (particularly in relation to #'s 1 & 2) will be used to 'prove' that I accept that these things weren't there before I moved in (if that makes sense).

Thanks in advance.

asp746

if you've moved out then how can they expect you to put things right such as painting - or is the property still empty and they'd let you go back in to do it?

delirious

asp746 wrote: »

if you've moved out then how can they expect you to put things right such as painting - or is the property still empty and they'd let you go back in to do it?

Apologies, they are not expecting me to put things right, they are trying to deduct money from my deposit.

Sunshine12

I have dealt with situations like this before from a company point of view where we had a rental portfolio which a rental agent was looking after for us and we could not pursue a client or retain any deposit if for any reason an inventory/preinspection had not been carried out as there was no proof of the state of the property/inclusions prior to clients taking entry. Does your lease refer to any annexation of an inventory (although I realise there isnt one but just wondering if the lease refers to it?)

delirious

Sunshine12 wrote: »

I have dealt with situations like this before from a company point of view where we had a rental portfolio which a rental agent was looking after for us and we could not pursue a client or retain any deposit if for any reason an inventory/preinspection had not been carried out as there was no proof of the state of the property/inclusions prior to clients taking entry. Does your lease refer to any annexation of an inventory (although I realise there isnt one but just wondering if the lease refers to it?)

Thanks Sunshine for taking the time to reply.

I haven't got the tenancy agreement in front of me (it's in a box somewhere) but from what I remember, no, it never mentioned an inventory. Also, when I emailed the LA before moving out, asking for a copy of the inventory (knowing full well that I hadn't signed one), they completely ignored my request.

lellow_lorry

Without the inventory they do not have a leg to stand on....its a basic requirement for letting out a property to protect both LL and tenant. As your scheme is protected. Let them know you intend to follow up with the dispute service with this point and as for the furniture...again no inventory provided so you could not even highlight this as stating furniture/items in property not on inventory. If you had thrown it out then sure fire guarantee you would have been chased for missing items. No case with no inventory. Suggest they pay up.

Sunshine12

delirious wrote: »

Thanks Sunshine for taking the time to reply.

I haven't got the tenancy agreement in front of me (it's in a box somewhere) but from what I remember, no, it never mentioned an inventory. Also, when I emailed the LA before moving out, asking for a copy of the inventory (knowing full well that I hadn't signed one), they completely ignored my request.

Theres a suprise!!

Check the tenancy agreement first and if it doesnt refer to any inventory I would write to them again requesting a copy of the inventory by return (refer to your previous e-mail and "note that you have not yet received a response"). I wouldnt go into too much detail with them until they come back to you advising that there isnt one! Put a read receipt on your email as well and advise them that this is urgently required as they would appear to have omitted to provide you with one when you took occupation. You could, if you wanted to, advise them that if no inventory is given by X date that you require return of your deposit in full.

pyueck

delirious wrote: »

I moved out of a rental house just over a week ago and have contacted the letting agents to get my deposit back. They have protected the deposit with TDS and I did NOT sign an inventory when I moved in.

I had an email back from the Letting Agency stating the following:

Now to address these points individually:

1. There was no dog living at the property and the only dog that entered the property was a little Yorkie that belonged to my fianc! and Yorkies don't malt or anything.

2. The paint work wasn't finished because a piece of Coving fell off the ceiling and I was waiting for that to be repaired.

3. ALL furniture and 'unwanted items' that were left in the house and shed (there's no garage at the property) were there when I moved in, therefore why is it my responsibilty to remove them when I move out?

4. The utility bills are ALL in my name so why should it make any difference to the landlord or letting agency whether they're paid or not? The utility companies will chase me not them as debts follow the person and not the property.

Can anyone offer me any advice? I was always under the impression that because I had not signed an inventory (wasn't even given one to sign), that they couldn't deduct anything from my deposit for anything other than unpaid rent.

I really need advice about what to say to the letting agency as they've requested any further communication to be in writing.

I'm also worried that anything I say (particularly in relation to #'s 1 & 2) will be used to 'prove' that I accept that these things weren't there before I moved in (if that makes sense).

Thanks in advance.

Send a recorded letter to the landlord stating that you have fulfilled your contractual obligations and if you do not receive your deposit in full within 7 working days you will be taking legal action and reclaiming costs.

delirious

Thanks for all the advice so far. I have sent the letting agency an email again, requesting a copy of the inventory. Then when they tell me there isn't one, I can inform them that in that case, I will be disputing any deductions from my deposit.

I have just had a look at the tenancy agreement and have found the following:

We let the property out at [address] to you, as well as the furniture, fixtures and household belongings that are on the list that you and we signed

However, no list (inventory) was signed.

talulahbeige_2

Stop doing things by e-mail, you have no proof it has been received. Do everythign via recorded delivery or go in and hand it to them and get them to sign a reciept to say they have received the communication

delirious

talulahbeige wrote: »

Stop doing things by e-mail, you have no proof it has been received. Do everythign via recorded delivery or go in and hand it to them and get them to sign a reciept to say they have received the communication

The letting agents latest response was:
[FONT=&quot]Under the circumstances, and incase of a deposit dispute, correspondence regarding this will now be handled in written form only, therefore if you could respond to this email rather than phoning I would be grateful.[/FONT]