We’d like to remind Forumites to please avoid political debate on the Forum.

This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

PLEASE READ BEFORE POSTING: Hello Forumites! In order to help keep the Forum a useful, safe and friendly place for our users, discussions around non-MoneySaving matters are not permitted per the Forum rules. While we understand that mentioning house prices may sometimes be relevant to a user's specific MoneySaving situation, we ask that you please avoid veering into broad, general debates about the market, the economy and politics, as these can unfortunately lead to abusive or hateful behaviour. Threads that are found to have derailed into wider discussions may be removed. Users who repeatedly disregard this may have their Forum account banned. Please also avoid posting personally identifiable information, including links to your own online property listing which may reveal your address. Thank you for your understanding.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
The Forum now has a brand new text editor, adding a bunch of handy features to use when creating posts. Read more in our how-to guide

Ex-tenant having deposit problems

Hi Everyone,

I am looking for some advice in relation to getting my deposit back from my LL.

I have recently just purchased my own property, and moved out of my rented accommodation just as my tenancy came to an end and prior to signing a new one.

This was a two year AST.

We cleaned the house from top to bottom, and removed all our rubbish from the property. There were a few things that I would class as wear and tear (i.e. worn carpets, marks on paint work- no damage to walls though etc). Initially our LL said he could see no problems, but then when I phoned up to find out when we could get our deposit back I was informed as there was an issue where the curtains had been hung there were holes in the wall. What did they expect, everyone needs curtains! Surely this is to be expected.

Anyway they are going to check the whole house again before they make a decision on the deposit. I expect to receive a disproportionate summary from them of costs and damages, as really the house was left in a good clean state when we left.

The reason for this total distrust is for a couple of reasons, but mainly because they lied to us about the nature of our tenancy. We were advised it was a rent to buy scheme, and that if we chose to buy they would gift us 10% of deposit for a mortgage and assist with legal fees. Stupidly I believed this and it transpired 2 years later when we expressed interest in buying the property "oh it's only 10% of the equity". I know this was not how it was sold to me (or any other residents in the scheme). We chose not to buy the property due to being swizzled by them and lost all trust in them. Although we haven't told them this is our reason for not buying the property, they have acted quite bitter that we didn't hence why I expect problems getting my deposit back.

Upon further inspecting my tenancy agreement I have seen that it states:

DEPOSIT- nil, but 2 months advanced rent

Below this it states this is for security and if the tenants comply with their obligations it will be returned.

Surely this makes it a deposit and it should be in a protected scheme???
I can confirm it hasn't been placed in a protected scheme, nor have I ever received a confirmation of this.

I have asked the LL to confirm if the deposit was placed in a TDS and to provide evidence of this. Have I done the right thing here? This was done in writing (via email).

I'm not after 3x my deposit back, I just want what is owed to me. I was a good, problem free tenant, and it's frustrating that the LL and agent aren't quite so honorable.
Any advice on what I should do would be greatly appreciated.

JD

Comments

  • BitterAndTwisted
    BitterAndTwisted Posts: 22,492 Forumite
    10,000 Posts Combo Breaker
    Marks on paintwork and holes in the wall are damage and it would be reasonable to expect to be charged for them.

    Was there a dual-signed inventory at the start of your tenancy?
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 354.3K Banking & Borrowing
  • 254.4K Reduce Debt & Boost Income
  • 455.4K Spending & Discounts
  • 247.2K Work, Benefits & Business
  • 603.9K Mortgages, Homes & Bills
  • 178.4K Life & Family
  • 261.4K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.1K Discuss & Feedback
  • 37.7K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.