getting deposit back from landlady

pattaz

Hi,

I just wanted some advice on getting my deposit back from my landlady. I have only just decided that I'm going to move out in December so I'm going to give my 30 days notice asap. The only worry is getting my deposit back as she refused to register it in the deposit scheme even though she said she would on the contract. She said she was waiting for the other lads deposit even though I had paid mine in full. I checked it out and it's 'any money paid' should be registered in the scheme.

I was just wondering if I was in the right position to tell her to keep the deposit as my last months rent as a way of getting it back as I know someone else who moved out last year took them months to get their deposit back. She is a barrister by trade as well but is the most awkward person in the world when it comes to sorting stuff out in the house of which there is many things she said she would get fixed that broke but hasn't.

Any advice appreciated

Thanks in advance,

Graham.

McKneff

As a barrister she should know better.

If she has not registered it as far as i know she is liable to have to pay you the deposit back x 3.

Good luck.

BitterAndTwisted

Be careful about your 30 days notice having to coincide with the correct date. Check your tenancy agreement for the start-date as it's not 30 days exactly when you have to have given your notice by.

Your barrister landlady would be dismayed to have heard her profession described as a "trade".

Treble-check all three tenancy-deposit schemes before you consider withholding the last month's rent. And probably think twice about messing around someone so well-connected: she has resources to call upon which you patently do not

BitterAndTwisted

McKneff wrote: »

As a barrister she should know better.

If she has not registered it as far as i know she is liable to have to pay you the deposit back x 3

Could be liable, it's not a mandatory penalty by any means.

OP you should WRITE to your landlady now (keep a copy) asking her to confirm which tenancy-protection scheme yours is lodged with and send it by post keeping proof of postage

martindow

The LL is a barrister and probably well connected but clearly not an expert in property law. I think this could count against her if any court action was needed.

Has the OP checked whether the deposit is protected or not? If not I would be tempted to withhold the last month's rent, wrong as this is, as the most straightforward way of resolving this.

pattaz

Thanks for the advice, I've checked with all 3 deposit schemes, none of which have my deposit registered. I'm also going to speak to CAB for further advice as well.

pattaz

Okay i've just spoken to the landlady to say i'm going to put my notice in writing. she stated that the deposit was registered with the deposit scheme (it's not). i told her that i had not received any details of this being registered and she promptly said i didnt need to it was only if there was a dispute if she was only offering me part of it back (which isnt right). she then asked me if i had the phone numbers of 2 of the original tennants, 1 who moved out 2 years ago, and the other just over a year ago as she would need their signatures to release their deposits from the scheme. so she basically admitted she hasnt registered my deposit and its sat in her bank account as she still has the 3 original deposits from the tennants who no longer live here and said she paid them back out of her own pocket, 1 of which she didnt even inspect the house on. now i know she wants things done (none of which that were caused by me) that she will take out of my deposit even though the damages etc were like that before i even moved in. what do i do? do i withold the last months rent and tell her to use my deposit as that or pay it and threaten her with further action if she doesnt repay my deposit in full if i dont get it asap? I'm a bit lost!

satchmeister

pattaz wrote: »

Okay i've just spoken to the landlady to say i'm going to put my notice in writing. she stated that the deposit was registered with the deposit scheme (it's not). i told her that i had not received any details of this being registered and she promptly said i didnt need to it was only if there was a dispute if she was only offering me part of it back (which isnt right). she then asked me if i had the phone numbers of 2 of the original tennants, 1 who moved out 2 years ago, and the other just over a year ago as she would need their signatures to release their deposits from the scheme. so she basically admitted she hasnt registered my deposit and its sat in her bank account as she still has the 3 original deposits from the tennants who no longer live here and said she paid them back out of her own pocket, 1 of which she didnt even inspect the house on. now i know she wants things done (none of which that were caused by me) that she will take out of my deposit even though the damages etc were like that before i even moved in. what do i do? do i withold the last months rent and tell her to use my deposit as that or pay it and threaten her with further action if she doesnt repay my deposit in full if i dont get it asap? I'm a bit lost!

Other may be more knowledgable but 1) the schemes will send you a certificate or reference to view online when your money is deposited with them within a few days (weeks) - disputes have nothing to do with you getting a certificate or reference. 2) No tenants signature is required to release the money. When we moved recently I just had an email from the LL saying - everything OK I have authorised the monies to be paid into your bank account.

Check with a solicitor re paying / withholding the rent, many will give a free 10 minute consultation. Have all the fact written down and they will advise, or talk to the Citizens Advise Bureau.

tomitma

:rotfl::rotfl::(The LL doesn't seem to do any thing according to the law, our law not hers, it is obvious that you will not get your deposit back with out a struggle, so I would keep the rent and tell her to take it out of the deposit, also telling her that if she doesn't like it, you can sue her for 3 x the deposit, because she hasn't placed it in a deposit scheme, let her know that you have checked them all.

Geenie

BitterAndTwisted wrote: »

Could be liable, it's not a mandatory penalty by any means.

OP you should WRITE to your landlady now (keep a copy) asking her to confirm which tenancy-protection scheme yours is lodged with and send it by post keeping proof of postage

Agree.

Your money should have been placed in a deposit or insurance scheme within 14 days of your LL receiving it. And you should have been notified of this and received documentation.

Please look here.

http://www.direct.gov.uk/en/HomeAndCommunity/Privaterenting/Tenancies/DG_189120

Keep all AST's, paper work you have and evidence of her not doing this. I wish you luck, as she clearly thinks she is above the law, so might prove to be a problem.

In your situation if she proves to be difficult, I would consider writing to The Bar Council and inform them of one of their members illegal actions. That is a bit mean of course, and we only have your word that you have been a model tenant. The place could be left a complete pig sty. I have been there many times.

I would start off by writing to her, quoting the law on deposits, and asking for evidence where it has been held. Of course she could put it in a scheme tomorrow and still be OK. Which isn't fair on us LL's who do things properly. But the law seems to accept this.


Good luck OP and keep us posted on how it goes.

tbs624

pattaz wrote: »

... she then asked me if i had the phone numbers of 2 of the original tennants, 1 who moved out 2 years ago, and the other just over a year ago as she would need their signatures to release their deposits from the scheme. so she basically admitted she hasnt registered my deposit and its sat in her bank account as she still has the 3 original deposits from the tennants who no longer live here and said she paid them back out of her own pocket,...

Are you signed up to one joint and several liability contract with other Ts? Have you taken the place of other Ts who have left midway through their fixed term?

It sounds as though your LL *may* have a deposit registered for the property but rather than pay fees/do some basic admin when there has been a change of T she has failed to release the deposit and register anew for each subsequent T. So she pays each departing T out of her own funds , which she then replenishes from the incoming Ts deposit payment?

If you have paid her a tenancy deposit you are entitled to have that deposit scheme registered in your name/ the joint current Ts name and have the scheme's prescribed info passed to you. The fact that the LL is a barrister is neither here nor there - she still has to comply with the law.

If you need support with dealing with her talk to your Council's Tenancy Relations Officer (private sector housing team)

Also be aware that any viewing she may wish to arrange for potential new Ts should be arranged in advance with you at a time/on a day convenient for you.

If you think she may try to withhold your tenancy deposit invite her round a week/10 days before you are due to move out and discuss any areas of potential dispute.This gives you chance to address any problems before you move out. Photograph/film everything on moving out day - inside white goods, down the lav, on top of shelves etc.

You have to leave the property in the same condition as when property was first let to you (save for fair wear and tear*) and she has to be able to show that any dirt/damage for which she wishes to claim is down to you. If a jointly signed inventory wasn't undertaken when you moved in then that will make things harder for her.


* google mydeposits and "landlords guide to fair wear and tear"