Estate agents keep fobbing me off about getting deposit back

lucasmeister

We moved out on 1st June. They still have not given me a list of damages + receipts and keep telling me they are going to ring back which they never do. They said over the phone that the damages totaled around £1500, which is absolute rubbish. We didn't even sign an inventory so I think they are just making it up.

What can I do about this? Feels like I'm going nowhere..

Thanks

BitterAndTwisted

No inventory when you started this tenancy? Then what proof does the landlord/agent have that any dirt or damage being claimed for was caused during your tenancy?

Get onto the deposit-protection scheme's website and claim the whole of your deposit back. It will then be up to the agent/landlord to justify their proposed deductions with the scheme's arbitrators.

mrcol1000

We refused to sign our inventory as it was nothing like the state of the flat. Add in a change of letting agent and we had similar trouble getting our deposit back. We agreed to a £50 charge as we didn't clean the oven and put our hands up to that and then the landlord decided he wanted to add on extra charges of £200. So we said that either send us cheque for the deposit minus £50 by the end of the week or we would approach the deposit protection scheme with a view with claiming the whole deposit back. We got a cheque that week! Landlords like to try it on and who can blame them? Regardless, if they haven't got you to sign an inventory then its the landlords fault for not ensuring he has rented the property correctly so give him one final chance to give you the deposit back, give him a timescale and if he doesn't meet that then go to the deposit scheme.

lucasmeister

mrcol1000 wrote: »

We refused to sign our inventory as it was nothing like the state of the flat. Add in a change of letting agent and we had similar trouble getting our deposit back. We agreed to a £50 charge as we didn't clean the oven and put our hands up to that and then the landlord decided he wanted to add on extra charges of £200. So we said that either send us cheque for the deposit minus £50 by the end of the week or we would approach the deposit protection scheme with a view with claiming the whole deposit back. We got a cheque that week! Landlords like to try it on and who can blame them? Regardless, if they haven't got you to sign an inventory then its the landlords fault for not ensuring he has rented the property correctly so give him one final chance to give you the deposit back, give him a timescale and if he doesn't meet that then go to the deposit scheme.

It wouldnt suprise me if its not registered in a deposit scheme. If this is the case, do I go through the small claims court?

BitterAndTwisted

Have you contacted all three schemes yourself to check whether your deposit has been registered? I suggest you do that immediately, then post back with your findings so we can suggest a way forward.

lucasmeister

BitterAndTwisted wrote: »

Have you contacted all three schemes yourself to check whether your deposit has been registered? I suggest you do that immediately, then post back with your findings so we can suggest a way forward.

I have contacted all schemes. They have not registered with any.

What do you suggest I do? Can I claim the full deposit regardless of the "damage" now that I have found they didnt protect it?

BitterAndTwisted

WRITE a letter to the agent and the landlord including the heading "Letter Before Action" requesting the return of your deposit in full within 14 days or you'll start proceedings in the small claims court. Remind them that your deposit should have been protected in one of the three schemes by law. That the lack of a dual-signed inventory at the start of your tenancy means that you believe that they cannot justify any deductions as they have no proof that any dirt or damage claimed for was as a result of your tenancy.

Then start proceedings.

may_fair

lucasmeister wrote: »

I have contacted all schemes. They have not registered with any.

What do you suggest I do? Can I claim the full deposit regardless of the "damage" now that I have found they didnt protect it?

The fact that the deposit isn't protected simply means that the option to have the dispute settled by the scheme's ADR isn't available (and even if it were, the LL could choose to opt out); so, the lack of protection is irrelevant to your claim.

You can claim for the full deposit because the deposit is your money and all you have to prove is that you paid it to LL. In order to try to keep any or all of the deposit, the LL will have to counterclaim for the alleged damage, and to succeed he'll need evidence of before/after condition at the very least.

I would recommend that you buy or borrow from the library a book on the small claims procedure.