Deposit - where do I stand?

Watalie

Hi guys -

This is a long one - please bear with me.

I'm currently renting my property and the landlord has a deposit of £995. It is not part of the DPS as I don't think it was around when we moved in, back in February 2006.

The landlord has been fine albeit a bit lax with fixing things and we've ended up doing a lot of stuff ourselves.

When we first moved in the landlord had a couple of properties and managed them as an individual. Over time, it ended up a "proper" business and he had a shop and stuff. However, the shop has now shut down, they are simply working out of an office somewhere - their website hasn't been updated in ages. The shower is leaking and it's been 3 months since we asked for it to be looked at (somethings we just can't fix ourselves).

When I rang and told them we were moving out and asked about the deposit etc, I was told that it would be repaid to me when they'd done the inspection. They said it would be repaid, less any amounts for cleaning etc. Now... no cleaning will need to be done, I'm a bit anal about cleanliness! I also know that the landlord will have claimed his 10% Wear & Tear allowance on the furnished property, I don't expect to have to lose ANY of my deposit.

Anyway - what I'm getting to is this... what if they are in financial trouble, having closed the shop etc... what if I don't get my deposit back £995 is a LOT of money... I can't afford to lose it.

Any thoughts?

Thanks

steve1980

To be honest as the deposit is not covered by the TDS and the landlord has "held" your deposit in his bank account (or possibly a high interest savings account/isa).

Through an agent or the correct channels you would actually be entitled to the full amount plus interest accrued on the money.

Your landlord is likely to try and keep as much of the money as possible as from the sounds of your post he has not got a lot of money.

Good luck, I think you may need it.

Watalie

Cheers Steve -

One thing though, I've not yet paid over the last months rent as I am really very nervous about doing this given the uneasy feeling I have in the pit of my stomach regarding the deposit.

steve1980

Again, it's a diffcult situation. If you don't pay then the landlord could get nasty and difficult. Have you given notice to leave?

Where did he get the contract from? Do you even have one?

All landlords had to register with the TDS, even if they had existing agreements on properties, to stop exactly what is happening to you now.

I know estate/letting agents get a harsh deal but when things like this happen, at least you have some protection from greedy landlords.

Watalie

Yep - I have actually given them a lot of notice - almost 3 months... i wanted to give them time to arrange viewings etc, should they need to.

I do have a contract - it's just a standard one.. back then he had a middle man (an agency which in fact is still around) I have copies of everything from when we moved in as I was terrified of getting shafted. The deposit was/is such a huge amount of money for me.

steve1980

You may need to speak to a solicitor about it, IF the landlord doesn't return the money or you feel that his costs/charges are inappropriate. Until that date your guess is as good as mine as to what he is going to do.

Watalie

True enough.

Thanks for your comments though.

Watalie

Update -

Walked past the entrance to the Landlords offices this morning and the sign which usually have out front was covered over with a sign offering office space to rent... no I'm even more unsure of where I stand

completelyspent

Watalie wrote: »

Update -

Walked past the entrance to the Landlords offices this morning and the sign which usually have out front was covered over with a sign offering office space to rent... no I'm even more unsure of where I stand

Hi Watalie,

I would make an appointment to speak to someone at the CAB-they have people with expertise in housing there and must come across this sort of thing all the time. Good luck.

Watalie

completelyspent wrote: »

Hi Watalie,

I would make an appointment to speak to someone at the CAB-they have people with expertise in housing there and must come across this sort of thing all the time. Good luck.

Thanks - I think I will have to!

G_M

steve1980 wrote: »

Your landlord is likely to try and keep as much of the money as possible as from the sounds of your post he has not got a lot of money.

This seems a huge assumption.

I was told that it would be repaid to me when they'd done the inspection. They said it would be repaid, less any amounts for cleaning etc.

This is standard practice. That's why there is a deposit - in case cleaning or breakages need paying for. If you have broken nothing and the place is clean, you have nothing to worry about.

All landlords had to register with the TDS, even if they had existing agreements on properties, to stop exactly what is happening to you now.

Not true. Tenancies which pre-date 6 April 2007 do not not need to have their deposits registered.

I should wait and see what happens when you move out. There should be an inspection where you can discuss any issues and then you'll get your deopsit back.