Getting deposit back

Noknowledge

Help much required please.

I was living in a house with my other half earlier in the year. She had been staying with her Dad who moved in with his other half so I moved in with her and her sister in the place. We didn't let the landlord know of the change but we didn't really think it would be a problem.

We treated the home with respect and did nothing to cause much in the way of damage (beyond normal wear and tear). After leaving we tried our best to clean throughout and leave the place as it was at the start of the tenancy (some 2 years earlier). Upon leaving we were sent a rather rude letter from the landlord claiming money for cleaning (there were some bits we missed so we can let that go) as well as claiming money back for mould (which we'd removed, he'd just spotted a little bit on a previous visit) as well as saying we owed for damages to the bathroom that would be confirmed. With only single glazing it was difficult to shower and then air out the place sufficiently before work every morning which resulted in the mould but we'd used remover to take this off.

We sent a letter back refuting many of these charges (except the cleaning) but have since received another letter claiming for huge fees for the bathroom. Seemingly the landlord had removed the bath panel and found rot underneath and has had to replace the whole carpet and the boards under the bath (we'd only ever used the bath for its intended purpose and how many tenants really check something like that prior to moving out?!). He also replaced the bathroom door, the paint off which had pealed although at the inspection he had said the door and carpets weren't a problem (something he now denies).

We'd had our names on the electoral roll at the place which has led the landlord to believe other people were living there. So please help, we feel he's taking advantage of the situation and had heard from a neighbour that he'd at the very least done some of the previous work on the cheap which could be the cause of the problems now. But with the potential issues with people not on the contract living there (not sure he can prove this?) will we have a leg to stand on? It has been a few months since we moved out and has got to the point that I'd almost rather just lose the deposit than be faced with all these other charges!

Sorry for the long post but any advice would be very welcome!!

clutton_2

Have a i got this right - you move into a property - dont tell the landlord - dont sign an agreement - and now want the deposit back that the original tenants paid to the LL ?

If there is an issue here re getting a deposit back it is up to your other half and the sister - you are not a tenant and have no claim on this at all.

You say ""But with the potential issues with people not on the contract living there (not sure he can prove this?) will we have a leg to stand on?

How many people were living there who are not on the contract ?

The LL could prove who you are by asking for your signature - if it does not match that on his original tenancy agreement - you are not his tenant - you admit you not his tenant.

Did the original tenants sign an inventory on move in and move out ?

Noknowledge

Sorry that wasn't explained very well - it's the father's deposit, am talking on his behalf. I don't mean that i'm after the deposit back, it is the father looking for it back. I just feel annoyed that he was doing us a favour (his daughter and I needed somewhere to stay while we were looking for somewhere to buy) and he had somewhere he could go and a few months left on his contract.

3 that weren't on it but LL knew 1 daughter was going to be living there all the time (she just wasn't listed officially) and other would visit sporadically so LL wasn't completely in the dark just wasn't aware of the difference for the last few months.

So it is the father that is getting the correspondence, not me, the "we" in that sense was really referring to him. Hope that is a little clearer

G_M

We didn't let the landlord know of the change but we didn't really think it would be a problem.

First mistake as you've now found out.

With only single glazing it was difficult to shower and then air out the place sufficiently before work every morning which resulted in the mould

???? What is the connection with single glazing?

We'd had our names on the electoral roll at the place which has led the landlord to believe other people were living there.

Your names, so other people were there? Makes no sense.

will we have a leg to stand on?

Since it appears you have no tenancy agreement (and I assume did not pay a deposit) the answer is clearly 'no'.

Out of interest, where is the deposit and in who's name?

G_M

cross posted.

So the father's deposit is held... where?

Wings

The issue of getting the Deposit back must rest with the person/tenant who signed the AST, with that person/s first checking if the Deposit is protected, then which Deposit Protection Scheme, and then contacting them.

Letting a property in a person's name, does not stop other people living within the property, unless the same is carried out through sub letting, and is in breach of the AST.

The mould and damage under the bath are wear & tear issues, with the latter possibly due to the bath sillicone breaking down, which is the LL's responsibilty, and the former possibly due to no vents, window or wall being installed.

To conclude, the person/tenant who signed the AST, should take the matter up directly with DP scheme that holds/protects the Deposit.

Noknowledge

Really not spelt this out very well, will try again..

- Dad moves in with daughter 1, pays deposit, informs of other daughter coming to stay occasionally, all okayed.
- He stays for around 18 months, moves out (doesn't let landlord know) I move in.
- Daughter 2 and I have names on electoral roll at the place for other requirements
- Contract comes to an end after 2 years, Dad tries to get his deposit back (since as for as LL knows he's been there whole time)
- Letters are received as explained above

McKneff

Other than that, leave the LL to his own devices.

You pay the same amount to Dad as the deposit.

Everyone is happy. Everyone can move on.

He did you a favour, as you said in your post.

Noknowledge

Cross posted there I think

Think that's in a tenancy agreement (assume it must be, isn't it by law that it has to now?) So guess we'll have to take it to tribunal, just wanted to make sure other issues about who was living there wouldn't cause an issue. There was no subletting going on so no issue there

olly300

Noknowledge answer the other questions :
1. Was the deposit protected in a scheme?
2. Was there an inventory?

Noknowledge

McKneff wrote: »

Other than that, leave the LL to his own devices.

You pay the same amount to Dad as the deposit.

I'd be fine to do that - my issue is with these claims by the LL. Really no idea how we can resolve bits about the bathroom as surely is their word against ours?