Landlords Keeping Deposit

ladyofelysium

BitterAndTwisted wrote: »

I think you're right, I didn't belive that a landlord could protect a deposit once the tenancy is over. Can you get back on the site and check what the alleged starting-date of the tenancy was claimed to be?

In any case, get back onto the site and claim the whole of your deposit once the 28 days have elapsed. The onus of proof for any disputed deductions is on the landlord.

I wonder if there would be any point in contacting DPS by phone and telling them when the tenancy ended?

The dates stated are:

Tenancy started 31st July 2009
Date deposit made: 1st August 2009 (i.e. when we paid them)
Tenancy duration: 20 months

It doesn't list anything other than that. I don't think they've lied about when it ended, I'm just confused that they can protect a deposit for a tenancy that no longer exists?! The landlords are also only protecting it now because I sussed out that they were trying to pull a fast one so they're now trying to cover their law-breaking hides! So so so frustrating!

Now that it is protected though, do I try and claim back 100% of it? I do admit there was carpet damage to one portion of the entrance hall carpet and I've got no issues paying up for that because it was our fault y'know? Or do I just try and make the claim and let them prove everything? I'd feel a bit dishonest not putting my hands up about the carpet though... And I'm not a dishonest person, unlike my ex-landlords clearly!

Turnbull2000

ladyofelysium wrote: »

I just got an email this morning to say that my depost has been protected with The DPS. I didn't think a landlord could do that once a tenancy has ended? =/

The law is a mess. I believe landlords can 'protect' a deposit whenever they want.

ladyofelysium

Turnbull2000 wrote: »

The law is a mess. I believe landlords can 'protect' a deposit whenever they want.

I read this somewhere today and it makes so much sense right now.

If a landlord can put the deposit into protection after the tenancy has ended then it makes a total nonsense of the legislation and almost encourages a “wait and see” attitude.

ladyofelysium

So does anyone have any advice where to go from here? I have received a letter from my landlords today to say that they only wish to deal with my husband as he was listed as the tenant whereas I was only listed as his spouse. Can they say that they do not want to deal with me? =/

Also does anyone know the legality of protecting a deposit once the tenancy has ended? I've not heard back from the DPS yet...

milliebear00001

Ring the protection scheme and ask them if it's legal - they should know! If not, you can ask them how your LL has managed to do just that.

If they won't deal with you, put everything in writing and insist they do the same - that's what I did when my agents woanted to speak with my husband (who they had decided was the 'lead' tenant - probably because he gave them less trouble!) That way, I just responded to all their letters.

Raise a dispute as soon as you are able, for the full amount. Can't remember if you said you'd signed a checkout inventory admitting liability for the carpet?

cril01

Just a bit of advice, speaking as a former letting agent (waiting for the knifes in back!!!!!!!!). Too honest for the business, hence former.................

Putting the deposit to one side, it is a really contentious issue as to when it can be protected and quite honestly has not achieved what it set out to do.

You state you moved into the property in 2009, you are therefore not responsible for the full replacement of the carpet. Was the carpet new when you moved in?
When it comes to charging for replacement the amount to be charged to the tenant, if damaged, would be the fraction of the cost of replacement based on when the carpet was installed and the quality/life expectancy of the carpet.

Example

If the carpet was new and the life expectancy is 5 years, you have been in the property for 2 years you are therefore only liable for 3/5 of the replacement cost.
If the carpet was three years old when you moved in and you have been in the property 2 years, regardless of the condition upon leaving you would not be liable.

The example quoted is in an ideal world of course and being heard by a Judge that uses a common sense approach, of which neither can be guaranteed!

My advise would be to contact the DPS and advise them of the situation. As this scheme is custodial then they are now physically in receipt of the deposit amount. This money cannot be released to either party without the agreement of the other.

If an agreement cannot be reached (as in your case - 14 days is considered a reasonable length of time from the end of the tenancy) then a dispute can be raised. The DPS run an Alternative Dispute Resolution service to hopefully prevent the need to go to court.

Hope this helps, sorry it is so long winded.