Tenancy Deposit Struggle - Any Advice welcome

tewwi

If anyone could offer any advice, it would be greatly appreciated, I'll try to make it as short and sweet as possible, and i apologise before hand if i bable!

On the 28th of May 2009 we commenced our tenancy with "Frank Innes" We handed over a £575 deposit, which was protected with "The dispute service" which we received a certificate to state it was protected, with a unique code for reference!

2 Years have passed, and we moved out a week before, so we could clean the house and "tit-a-vate" to ensure we received back the full deposit, we have a 5 month old baby, so the money back will come in handy for a 2nd stage car seat, clothing for rest of the family and any other extra expenditures that arise when moving into a new home, besides - why shouldnt we have the deposit back if everythings fine?!
Just to add, in the week we gave ourselfs to clean the house, the agency (and prehaps landlord) had been round to the house without informing us.

On the 27th of May 2011, a member of the agency came round to the house so we could "check-out" He walked around the house (quite padantically, how many nails are in the walls, how many peg hooks on the coat holder etc) and when asked how much of the deposit that we should receive back he stated : All of it, the only problem there is, is the floating shelve (which wasnt really floating, it did look like it was gonna fall down any minute) but with 2 years wear and tear and it not being afixed properly there shouldnt be a problem. My partner signed the reviewform, to which there were no problems stated, and agree he had handed the keys back.
My partner asked roughly how long it will take to return the depsit, he stated that the landlord had to come round to check, and they be in touch. What was the point in the agency checking it if the landlord had to come round?!

We rung a week later to ask why we not heard anything, the agency stated the landlord was in hospital and had not been round to the house, but they legally had 35 days to release the deposit. We rung the week after, and the landlord had been round, they were justing waiting for his "findings" but they were allowed 90 days to release the deposit?!

We received a letter dated 14th of June stating the landlord wanted £220 for a cracked wash basin, with a phone call from the agents later that day statin that he had returned to the property and he wanted a further £157 for replacement bathroom and landing carpets, receiving the letter for that the day later! :mad:

Obviously we have disputed this, and waiting for a reply from the agents. I have just checked the "The Dispute Service" website, and our tenancy code is no longer registered with them!

Is the review form which has been signed by us, and a member of the agency enough to prove there was nothing wrong with the property? Or are we gonna be fighting a losing battle disputing the deductions?

Many thanks in advance.

BitterAndTwisted

Was the wash-basin cracked when you took over the tenancy? What about the carpeting complained of? Was there as full an inventory at the start of your tenancy as it sounds like there was at the end?

It's my opinion that the landlord can over-ride anything the agent says or does because they are merely acting as his servants.

Speak to the TDS on the phone and find out what happened to your deposit. As far as I know the funds cannot be withdrawn without your agreement and I've never heard of a once-registered deposit becoming "unregistered"

G_M

I agree with Bitter re the deposit service. Contact them to find out
a) was the deposit in fact ever registered with them?
b) when was it 'unregistered'?
c) on whose authority and why were you not consulted?

I disagree slightly re the agent. I think any arbitrator/court would take account of the agent's inspection report. They might also take account of what the LL claimed, but if you dispute the LL's claim AND present the agent's report the arbitrator would be swayed towards your view. But there are no guarantees.

As Bitter asks: was there a check-IN inventory? What does it say about the state of the disputed items?

And what evidence do you have
a) that the LL accessed the property during your final week of the tenancy (and possibly caused damage himself?)
b) of the condition when you left - do you have photos? independant witness of your own?

tewwi

Thank you for your reply. There was an inventory which stated no crack in sink, but wear to traffic area's of carpets with stains behind bathroom door.

There was no crack when we left, nor was there anything wrong with the landing carpet. The bathroom carpet was stained, but during our tenancy the toilet valve broke which meant it leaked, the plumber who fixed it said he would advise a new carpet but got nothing, but we did the decent thing and got a 'Rug Doctor' and cleaned all the carpets.

I'd have no problem to replace something if we had broke it (It would only be fair) but £220 seems very expensive? As does a carpet for something 2m sq in bathroom n bout 3sq in landing, even to be laid?

And i know its a bit far fetched, but surley any of these problems could of happened between us leaving and the landlord inspecting, or even the landlord doing it and not wanting to pick up the bill. And thats why a review in done in an agreement of both parties?

It maybe also worth meantioning hes not excatly a man of his word ( to explain my suspcions) the landlord was meant to repaint doors, facias and garage door, but never saw him in 2 years, the tree he promised the neighboros to cut down as the roots destoryed their pipes was only cut down a month before we left, and at that, the roots were never killed as he wouldnt pay for the treatment.

Sorry if it seems I am disregarding your answer, I do appreciate it, It all just seems a bit unfair to me.

G_M

So sounds like you have a good case. You just have to pursue it in the appropriate way, so sort out the deposit registration and use the scheme's arbitration process, or if for whatever reason it's not protected in a scheme, then use the Small Claims Court.

tewwi

Thank you. Do you know whether they'll get fined if they have removed it? Its illegal to hold a deposit thats not in a scheme isnt it?

BitterAndTwisted

You're getting ahead of yourself. Find out what has happened to your deposit first.