End of tenancy deposit

michelle1985_2

Hi wondering if anyone can help, I handed my keys back to my old landlord on 28th april met him at the property and he said as there were a few marks and stains on 2 of the carpets that he would need to pay for these to be cleaned so would take it out the deposit i agreed as i admit there was some marks. Anyway today I recieved a text from him saying the garden needs tidying which he never mentioned on 28th and he had said at the time everything else about the house was perfect apart from them marks. I said that either we could get the carpets cleaned and sort the garden out ourselves and recieve the full deposit back or he would get it done and take the money from our deposit. Our deposit is in the deposit protection scheme how do these work if i say im not willing to accept him to take money out our deposit who decides and what happens.
Also when we renewed our tenancy last time he kept the signed copy and said he would post me mine which i never recieved after a few months i asked for it and recieved a tenancy agreement but with no signatures on. Can anyone tell me where I stand as i need this money from the deposit back to pay what i had to borrow as rent up front for our new house. Thanks in advance

honeyD

Was there an inventory when you first moved in?

michelle1985_2

yeah there was a inventory im not disputing about the carpets as i admit there is stains on it from us but now he is on about the garden all of a sudden and i dont know where i stand with our copy of the agreement not signed

G_M

Without a moving in inventory, signed by yourself, he will have trouble proving any change in the condition of the house/garden.

If you raise an objection with the deposit scheme, it will go to arbitration where he will have to justify deductions.

terryw

Did you actually sign two copies of the agreement? Is is not likely that only one copy has actually been signed and the landlord has sent you a blank agreement with all the details? It would have been just as easy to send you a photocopy though.

michelle1985_2

I only signed one copy of the tenancy and he said he would post me mine but then i just got a blank one

terryw

michelle1985 wrote: »

I only signed one copy of the tenancy and he said he would post me mine but then i just got a blank one

Ask him for a photocopy of the signed agreement that he holds if you feel that the blank one is different.

michelle1985_2

I dont think its different I just would have thought he would have to give me a copy of the signed one

terryw

michelle1985 wrote: »

I dont think its different I just would have thought he would have to give me a copy of the signed one

If you think the blank copy is the same as the signed one, I would not read any ulterior motive into this. It could well be that he had a blank one handy but no immediate access to a photocopier. However the one signed by both parties will be binding in law (probably), and under the disclosure rules he would have to provide a photocopy if the matter was to proceed to a court hearing.

It is probably best to discuss the deposit and deductions with him to arrive at a sensible agreed figure so that the deposit can be released from the scheme.