Dispute over getting my deposit back-LL didnt use Tenants Deposit Scheme (TDS)?

BitterAndTwisted

Send her a letter headed "Letter Before Action" giving her 14 days to return your deposit in full or you'll be filing in the small claims court.

It would be handy if you could get that plumber to put his expert opinion in writing for you.

clutton_2

do you have a signed inventory when you moved in and moved out ? you dont live in Scotland do you

summersj

I live near London so no not Scotland. And I did have a signed inventory. When i moved in the carpet was brand new and needed replacing when I left so yes it was damaged but not by my negligence. The wet room clogged up 5 times in my 11 month stay!! The waste pipe is apparently too small for the water flow etc. I think her husband fitted it, he is a bit of a handy man but not qualified. She didn't want to go thru insurance hence why I think it's all a bit dodgy. She has rented before me so should know the procedure for tenants deposit scheme. It even states on my contract which we both signed saying she is legally bound to place my deposit in the scheme which she didnt

clutton_2

did you write to her about the 5 floods ? - if so you have evidence to take her to the small claims couirt IF necessary. B ut you do need to talk to her first and see how much she is asking for the deduction as i dont think we know that yet ... do we ?

did you use a dehumidifier after any of these floods to try to mitigate the damage or did you ask her for one ?

having gone back to OP - i realise you only moved out yesterday. So we are all jumping the gun somewhat. Did you sign an exit inventory - or take photographs ?

She will need time to get contractors to look at the damge and to send her estimates for its repair... you have to give her about 10 days - if not 2 weeks in this snowy weather to do that. Thish is what a deposit scheme would do. ?If you can agree an amicable ending to the tenancy - so much the better without getting into threats of court and so on. Negotiating is the key

summersj

Shes told me that it's going to cost half my deposit. Which is £400

rinty

summersj wrote: »

i moved out yesterday from a property i was renting (in the UK) for 11months. My landlady doesnt want to give me all my deposit back and i disagree with her on the reason. I called her just now asking which TDS she went to (so i can put a dispute in) and she told me she didnt actually go to one and simply put my deposit into her personal bank account. What shall i do? I understand she has broken the law by doing this but can i appeal against her now??

I didnt even know about this TDS thing until now, I paid the estate agents my deposit and thought all would of then be done correctly through them.

Hi i had the same problem with my landlord, he would not give me the deposit back so i contacted a free advice legal service called tenant deposit help line, Henry Blaxland, three weeks later i had my deposit transfered into my bank account. they saved me alot of time and hassel and it's free. give them ago.
Rinty.

summersj

its been nearly two weeks now, she is ignoring my calls and also the estate agents (who are on my side). ill try again tomoro to contact her, then write her a letter and start legal proceedure to get at least my full deposit back

tbs624

It's the letter that's important here. If you want to pursue a LL who has failed to scheme reg your deposit, you have to be able to *show* that you have attempted resolve first. Phone calls are pretty futile , especially so if she has failed to answer previous ones.