getting my deposit back

bettyb78

I have rencently moved out of a rental property after living there for 6 months during the checkout inspection everything was ok and the LA picked up a few things that needed doing such as garden needed weeding and the fridge needed cleaning, After a month i had still heard nothing about the return of my deposit and after contacting the LA a few times I was finally advised that they would be deducting £641 from my initial deposit of £695, They advised me that this was for a new bath panel that had warped new bathroom flooring and repairs to bathroom floor for an unreported leak. As far as i am aware there had been no leak and when i have asked to see receipts for these repairs I have been advised that the LL does not have these as they have done the work themselves. Help Please dont know where to go from here

Hump

Was the rental in England? If yes which deposit scheme did the agent use? i.e. mydeposits, DPS etc, finally did you sign anything agreeing to the deductions?

McKneff

I dont know much about these things but i would fight it tooth and nail, they just cant pluck a figure out of mid air.

More people will be along to help far better than me but i think its grossly unfair.

Good luck

G_M

Hump wrote: »

Was the rental in England? If yes which deposit scheme did the agent use? i.e. mydeposits, DPS etc, finally did you sign anything agreeing to the deductions?

This needs to be answered.

Also what evidence were you given
a) of the need for th ork (photos? tradesman's quote?)
b) that the damage was not there 6 month ago when you moved in (check-in inventory signed by you?)
c)of the cost breakdown for the £641 (receipts, labour costs etc)

bettyb78

my deposit is held with dps. I asked the LA for an Invoice and they provided me with a breakdown but when I have asked to see receipts they have told me that the LL doesn't have any because she has done the work herself the breakdown is as follows
repairs to bathroom floor £180
replacement bathroom floor £130
replacement Bath panel £72.50
Replacement carport lock (again in dispute because they didnt mention when i moved in that this could not be opened from the inside but they told me this on checkout)
repair to damage on living room carpet £60 (as far as i am aware there was no damage and nothing mentioned on checkout)
Removal of staining to kitchen floor fronts and breakfast bar £44.25(again not mentioned on checkout and there werent any stains
Garden clear £20 not in dispute because i wasnt aware that i had to remove weeds from the path
Agency fee for instructing works £106 they told me today that the LL has done all the work so who have they instructed?

I haven't had a copy of the checkout details and absolutely none of this was mentioned at check out apart from the weeds and the carport lock how can they justify this and expect me to agree to this when they have no proof and cannot provide receipts for the work

milliebear00001

Quite simply, they can't! Raise a dispute with the agency your deposit is registered with. They have no moving out inventory and no proof of anything wrong when you left. They will lose, and you will get your deposit. I have just been through the same process over my own deposit. I got everything back except those things I had admitted were our fault.

00ec25

you need to contact the DPS urgently and initiate the dispute resolution process otherwise there is a (small) chance the LL will apply for the deposit to be repaid to him on the basis you have not objected to his charges. This is why the TPS was set up , its to protect your deposit from malicious deductions so use the process its designed for YOU.

as stated in the guidance the resoltion process is evidence based, if the LL cannot evidence that the "damage" was caused by you then the deduction will not be allowed - your case lies in the fact the checkout does not refer to these items

removing weeds is rather petty - did you T agreement expressly require you to maintain the garden?

you may have more of a problem with the carport lock since you are alledging this was a pre tenancy fauult but you can't prove that in this case (BTW how can a carport have a lock, by definition its an open structure?)

zappahey

00ec25 wrote: »

you may have more of a problem with the carport lock since you are alledging this was a pre tenancy fauult but you can't prove that in this case (BTW how can a carport have a lock, by definition its an open structure?)

Surely the LL would have to prove it was damage and not wear and tear?

bettyb78

thanks everyone the LL has requested the deposit be refused but i have rejected this i'm just waiting for them to do this same so we can start the resolution process. The carport had gates on it and this is where the lock was

BitterAndTwisted

Did you ever see a check-in inventory when you moved into the property? Who's to say that any of this alleged damaged was caused during your tenancy and not present beforehand?

*miaomiao*

bettyb78 wrote: »

thanks everyone the LL has requested the deposit be refused but i have rejected this i'm just waiting for them to do this same so we can start the resolution process.

From experience, call the DPS and tell them that as the T you and your LL disagree on the deposit to be refunded so you would like to begin the dispute service (also known as Alternative Dispute Resolution - ADR). You've each seperately indicated a differing opinion on the return to them and this should be enough. Call the DPS, but do keep a record of who you speak to and when.