Getting deposit back from landlord

leftieM

We moved out of our rented place 2 weeks ago. We gave the correct notice, we paid rent until the day we moved out and our landlord hasn't coughed up our sizeable deposit.The EA duly showed potential tenants around and the house is showing as let agreed. The landlord hasn't said that he is witholding the deposit for any reason, he is just avoiding paying us. We have no arrears and we left the place spotless - I cleaned the woodwork and paintwork, cleaned inside every cupboard, hoovered the carpets and curtains and cleaned the oven as well as the regular cleaning jobs.
I rang the housing advice centre (they know their stuff) and were advised to write and then serve a small claims notice if we get no joy. It's all a hassle we could do without.
Has anyone had success shaking the deposit out of a landlord? I need some hope!

Voyager2002

Landlords are not charities. It is difficult to charge rents that cover the full costs of providing and maintaining a property, and there are often particularly heavy expenses around the beginning and end of each tenancy. Many landlords therefore feel that the deposit should be a little perk, a kind of thank-you present from the tenant for the good service provided during the duration of the tenancy.

For some strange reason, there are a few ungrateful tenants who do not share this view of the situation. If they are willing to make themselves unpleasant over a period of several weeks, they do usually get the deposit returned, but only after they have demonstrated that they are really not good sports.

Anyway, was your deposit 'protected' by one of the schemes designed to avoid this kind of problem. Have a good look at the Shelter website to find out about these schemes, and the penalties that the landlord would face if the deposit was not in fact protected.

leftieM

I think I'll have to be a terribly bad sport and the landlord will have to forego his fifth weekend break of the summer to return the monies.
There was no deposit protection scheme in NI when we entrusted the deposit. I'm glad to see that this is changing for new tenants.

Gillyx

Was your deposit paid directly to the landlord or through a letting agent? We paid ours through the letting agency and they told us they keep the deposit for the duration of the lease as it's them who inspect it at the end?

leftieM

Thanks for the suggestion. The letting agent took the deposit but they had no more to do with us and the LL managed the house. We paid rent to him by standing order. When I phoned the original agent to discuss giving notice they said that the house was not on their books so nothing to do with them.
The LL doesn't dispute that he received our deposit. He doesn't dispute that he is to inspect the house. He has just done nothing about it.

wifeforlife

I'd phone him daily until he gives you it back. Start every call with hi there, I'm in your area now can I call and get my money?

Although I'm wondering does he have it, if you originally paid the then agent. I suppose either way the agreement was with the landlord so he must return it.

Voyager your post is hilarious, tenants aren't charities either. If people can't afford the running costs of a second/third etc house they're in the wrong business.

Hope you get sorted leftie

smokiewater

Our tennants move out next weekend, we are sorry to see them go as they have been excellent, but we have arranged to meet with them on Monday, to inspect the house and return the deposit, I thought this was normal practice!

Having rented our house out, we are now living in a rented house for which we paid 2 months rent as a deposit, while our landlord is actually a large company I have to say some of the previous comments are leaving me a little nervous!

Bigcammy

I've never had an issue getting a deposit back but I've never had a Landlord like Voyager 2002. I've never heard such a load of crap, a deposit is a deposit, simple as that. If the place is in the same state it was when you took it on then you get it back.

leftieM

smokiewater wrote: »

Our tennants move out next weekend, we are sorry to see them go as they have been excellent, but we have arranged to meet with them on Monday, to inspect the house and return the deposit, I thought this was normal practice!

It is normal practice to inspect the property just prior to vacating it. Our LL just hasn't bothered.

saverbuyer

It simple enough to resolve. I've had to do it two or three times. Send a letter to the LL with a tile "Letter Before Action" detailing the amount of the deposit, the date you moved out, current date and stating you will give 7 days before you take action through the small claims court where you will ask for reasonable cost i.e. court fee (can claim loss at small claims court). If you hear nothing back just go to courtsNI and fill in the POC with details of what you are claiming for i.e rental deposit.

You'll be surprised how quickly they pay up. I have also found the courts to be very reasonable at hearing.

Indo77

Voyager2002 wrote: »

Landlords are not charities. It is difficult to charge rents that cover the full costs of providing and maintaining a property, and there are often particularly heavy expenses around the beginning and end of each tenancy. Many landlords therefore feel that the deposit should be a little perk, a kind of thank-you present from the tenant for the good service provided during the duration of the tenancy.

For some strange reason, there are a few ungrateful tenants who do not share this view of the situation. If they are willing to make themselves unpleasant over a period of several weeks, they do usually get the deposit returned, but only after they have demonstrated that they are really not good sports.

Anyway, was your deposit 'protected' by one of the schemes designed to avoid this kind of problem. Have a good look at the Shelter website to find out about these schemes, and the penalties that the landlord would face if the deposit was not in fact protected.

Is your post a wind-up? If it's for real then it's laughable to suggest that a house deposit is a perk for landlords. The deposit is only there as a protection mechanism for the landlord in case of small breakages, if there is no damages then the landlord owes the tenant the despoit back. Some landlords will attempt to make up stuff in order to not have to pay back the deposit to the tenant. I had one such experience with a letting agency back in 2008.

Basically we gave them £500 as a deposit and they tried to wriggle out of paying it back despite getting something in the region of £8000 in rent out of us while we were in the house. They made up claims for damages and we fought tooth and nail with them until they had to give up fighting with us.

We basically were not prepared to be treated like we were a bunch of teenagers who were naive enough to let them walkway with £500 because that's what would have happened. One of the alleged damages was caused by their own handy man who broke the cistern of our toilet and also refused to fix our heating while we froze during the winter. They also tried to claim smoke damage on some curtains which were as old as I was. Bunch of bullies from what I see. In addition the landlord made absolutely no effort to put any money into the house over 2 years.