Letting agency deposit rage!

whats_it_all_about?

I am absolutely incandescent with rage :mad: that the LA are claiming we have damaged the walls and have to pay (deposit refund reduced) to cover the cost, after refusing our request for an early check out inspection. We have been trouble free tenants for 2 years, with the rent always on time and we never requested the land lord or letting agency to do anything maintenance wise in the flat. The flat was left in an immaculate condition unlike when we took on the tenancy. We had noted on the inventory how dirty the flat was when we move in and also the damage/marks on the walls. There was no damage caused during our tenancy.

I have advised them I am disputing the charges, I want my undisputed deposit refunded immediately and I want the internal complaint to look at the case to resolve the disputed value. I have also requested the land lords details. Since sending that, they are not responding to any correspondence from me!!!!

What do I do now?

talulahbeige_2

calm down for one.

Assuming your deposit is protected I would wait for the agent to put deductions in writing (dont get angry with them, just ask them to write to you with the deductions if they havent already) and then raise a claim with the despute service. If, as you say, the inventory describes the damanged walls then they will rule in your favour.

tbs624

If the property is in Eng/Wales and let under an AST (assured shorthold tenancy) then your deposit should have been scheme-registered, and the scheme's "prescribed information" been passed to you by the LA/LL within 14 days of their receipt of your deposit.

If you haven't been given the relevant info, first step is to check now for yourself with each of the 3 schemes and get confirmation either way, *in writing* - see here for links.


Tenants should always request that the LA provides them with the LLs name & address whilst the Ts are still in occupation - they *have* to provide it within 21 days of receiving your request or they would be committing a criminal offence. However, this does not apply once you are no longer a T - what you can do though is pay 4 quid to the Land Registry and see if you cab get the LLs current details from there.

Write formally to the LA, keeping it brief and on topic - no "we are extremely upset". ( obviously copy it to the LL once you have an address. It also sometimes helps to put cc: Tenancy Relations Officer, Private Sector Rentals, my local Council at the bottom of the letter and send them a copy too.

Ask the LA/LL to confirm in writing back to you, exactly how their proposed deductions have been arrived at.

If they've not registered your deposit, you can challenge them in the county court.

If they have registered your deposit you can choose to use either the scheme's arbitration scheme or the small claims court.

Channel your understandable anger into action

chatterboxwillie

Were you present on the check out and were the damages noted at the time?

I am a landlord and am just about to arrange a check out with my tenant and have been advised by the letting agents that the tenant be present when performing the check out and get them to sign and agree to what has been noted. This will protect me in the main but will also avoid a situation like you're facing. Basically, if I don't get their signature then I will find it very hard to claim for any damages later.

Good luck with it.

princeofpounds

tbs has given you the right starting points.

Just one extra point to make - did you send the request for your landlord's address whilst still a tenant and do you have any proof of delivery? Because if the answer is yes and the LA did not supply the details in 21 days then you can take them to court as they have committed an offence.

N79

princeofpounds wrote: »

Because if the answer is yes and the LA did not supply the details in 21 days then you can take them to court as they have committed an offence.

You can't really take them to court because, as you say, it is a criminal offence. The LA would need to be taken to court by a body with public prosecution rights (the CPS, a council, trading standards, HSE and other public bodies).

The correct course of action would be to report the crime to the police or trading standards - I have not idea how interested they will be.

The only way to take the LA to court yourself would be to get permission from the courts to bring a private prosecution - which is hardly likely to happen for this sort of offence.

In terms of the OP's post, I have nothing to add to TBS's post

whats_it_all_about?

We were not at the checkout, not even in the country! We requested an early check out because of this, as we vacated the property 2 weeks before the end of the lease and handed back the keys, our request was refused by the LA.

I would recommend that both parties should be present at the checkout, even if an early checkout is requested and then any issues can be discussed and resolved at the time. The LL had inspected the property 6 weeks prior and made not comment and didn't raise any issues. The LA inspected the flat quarterly, again no issues at any point during our 2 years tenancy.

I have photos of the property when we vacated it but the LA say they can’t show me any evidence of the alleged damage and had instructed the decorators to do the work before any consultation with us.

The LA has still not responded to my correspondence for the return of the undisputed deposit, the LL details (although I feel they will wait until the 21 day deadline) or who within the LA is conducting the dispute!

Are the regulations in Scotland different from England/Wales?

whats_it_all_about?

princeofpounds wrote: »

Just one extra point to make - did you send the request for your landlord's address whilst still a tenant and do you have any proof of delivery? Because if the answer is yes and the LA did not supply the details in 21 days then you can take them to court as they have committed an offence.

Unfortunately we did not request the LL details until we had vacated the property and were disputing the charges. The LA advised us, if we wanted to dispute the charges we need to take it up with the LL. I thought that would have been the LA responsibility!!!! They advised we had to request the LL details in writing and they would provide the information within 21 days, I feel they will wait out for the 21 day deadline!!!:(

N79

whats_it_all_about? wrote: »

Are the regulations in Scotland different from England/Wales?

Very different. If this property is in Scotland then please let us know as all the above have assumed English law.

whats_it_all_about?

Yes, it is in Scotland!!!

N79

Then your deposit did not have to be protected and the rule about getting your LL's address in 21 days does not apply (at least the English law in the LL and T act does not apply - there may well be a Scots equivalent).

PrinceofPounds knows his Scots law, TBS knows some but their post assumed English law.