Landlords trying to keep deposit!

ivan_the_not-so-terrible

If you see from my earlier threads, the landlords we had were not exactly the "play fair" type; but now they have sunk to new depths!

We left their house on the 6th of October, leaving it immaculate apart from the garden which needed a couple of hours work to cut the grass, reseed a couple of bare patches and to remove a small fence. These were things I didn't get done before the removal lorry arrived. We later agreed on the phone with the LL's UK rep (brother of Mrs LL) to have a prof gardener friend of mine pop in and sort the garden. We also agreed to pay for some emulsion to touch up the walls (scuff marks ect ... most of which were there anyway and shown as such on the inventory). It seemed fair enough and I thought that was that .... Not so!

To go back a pace; when we moved in, the house was a real mess! They had two cleaners in who were there at the same time, but they were only there for three hours and frankly the place was still not very clean. This was all shown in the inventory along with several bits of old furniture that we were given permission to dump. Also, there were cracks in a french door (again all shown on the inventory). My wife spent ages getting stains out of the carpet ect.

The deposit was lodged with the DPS and after we left (the LL's pushed us to go due to wanting to sell the house which they haven't managed to do!) I assumed we'd get the depoit back fairly easily. However, it seems the LL's are doing all they can to keep their greedy little mitts on it! The letting agency were happy with the way we left the house but it seems the LL's have declared no faith in them and demanded the deposit be returned to them from the DPS which apparently is allowed? My status last week on the DPS site was "awaiting landlord/agents response" but now shows as "active" again? I called the DPS and they have said that they no longer hold the deposit but if both parties agree the despute can still be faught through them. I'm concerned because if the DPS doesn't hold my deposit how is it protected? What is the point of the DPS for the tenant if this is the case?
The letting agency also say that the LL's are being very awkward and demanding the French door replaced even though it was cracked when we moved in and on each property inspection shown as getting worse! They also want the old knackered furniture replaced.

I know I have a good case as all this is shown on the inventory and property inspection reports. What concerns me is that the LL's live in New Zealand and if they now hold my £1400 deposit how long (if ever) will it take to get it back?

What's the point of the DPS if they just give the deposit back to the LL without consulting the tenant???

Ivan

princeofpounds

I am not aware enough of the specifics of the DPS to understand how a LL can remove the deposit unilaterally, but if the deposit is now not protected then you should approach it as an unprotected case I believe - letter before action, and then a court claim for the deposit and fine.

Get the DPS to explain exactly what happened to you in more detail, and confirm it over email/writing so you can use it if required further down the line.

princeofpounds

if they now hold my £1400 deposit how long (if ever) will it take to get it back?

Enforcement is not always straightforward unfortunately.

The LL should have supplied you on the tenancy agreement an address that was acceptable for service in England and Wales. If you did not get one, you could have witheld your rent. If you have one, correspond there - it is probably the agent.

If you get a judgment you have a number of options for enforcement. One that may work is placing a charge on the house, so that they cannot sell it without paying you back first (subject to there being any equity to pay back). That would get their attention. You could also potentially freeze accounts if you know of any they ahve in the UK.

G_M

Presumably the LL initiated release of the deposit and DPS contacted you/tried to contact you. Did you respond?

"Either party can go online at www.depositprotection.com and initiate the joint claim. An agent/landlord or a sole/lead tenant can do this by logging in to their account and selecting ‘Request a Repayment’. The onscreen guidance will take you through the process of initiating a repayment. The DPS will then send a notification to the other party advising them to either log in and respond to the claim "

Reminders:
"If the party concerned has a valid email address or valid mobile phone number, we will send an email or SMS message reminding them that they have not completed the repayment claim, if they have not responded to the initial claim within 7 days."

ivan_the_not-so-terrible

Having got back to the DPS again it seems I had it wrong. The Letting agent has washed their hands of the case as they were happy to release the deposit back but the LL's were not. Apparently, the deposit is still with the DPS but the LL's are now the ones that own the case (for want of a better description?).

I have to once again ask for my deposit but it is now down to the LL's to either release it or not (it will be not obviously).

The letting agent has sent me their email and it makes for incredulous reading!!!

Ivan

Leory

sounds like the Letting Agents are with you on this one. Or perhaps now that they know they will get no more business from the landlord or yourselves are just passing the buck.

G_M

Sounds good.
You request release of deposit.
LL objects.
Goes to arbitration.
You present evidence and win.
You get deposit!

ivan_the_not-so-terrible

Or they refuse ADR and I have to pay to take it to small claims court. Not sure how that works or how much it will cost?

tbs624

One step at a time ivan.

If you need to go to court and you win you can ask for court costs. If you are on a low income check out ‘EX160A Court Fees - Do you have to pay them’

clutton_2

you will not be able to sue a New Zealand resident in the UK small claims court successfully.. which means you can only sue the agent

however if you go for 3 times the deposit, these cases are not heard in small claims courts so your costs will be a bit higher

folks are currently waiting for the results of two appeal court cases on deposit legislation.... wait and see what they say first...

ivan_the_not-so-terrible

Thanks all,

I'll see how things pan out over the next week or two, and let you know.

I've lived in Agricultural tied houses all my working life and farmers tend to have a far more practical approach to their worker/tenants than private LL's it seems. I now have another farm managers job so we're back in a farmhouse which is a great relief as it's much more like being an owner than a tenant (though of course you are not). You decorate yourself as you like, have no silly restrictions on pets, digging up veggie patches ect, though you are expected to look after the property.

The last 18 months is the first and I hope last time we will ever private rent as it was a nightmare! To be fair, the letting agents were fine and have told us that these LL's were the worst they've ever encountered. They've also said we have a pretty open and shut case as all the evidence is in our favour and shows that we were good tenants and that they are acting unreasonably (in the words of the letting agents "in a most bizzare manner")

Thanks again, I'm a bit less panicked now!