Deposit issues

top_drawer_2

Emmzi wrote: »

That's a rather obvious question. Wait and see if you have anything to claim for first!

You really do like to cause stress...

Well actually it makes more sense to me that you wouldnt be allowed to claim if the deposit wasnt protected in the relevant scheme.

The Housing Advice Officer who I spoke to last week was also adamant that I should start now, as otherwise its the small claims court which she seemed to think was more difficult. She was very ubrupt and I didnt ask her to explain further as she couldnt wait to get away from me.

Emmzi

Personally I think you are seeking drama everywhere and would do well to chill and see how it goes for the sake of your mental health. Court is stressful. it isn't all about money. Or indeed vengeance.

G_M

There are two potential claims:
1) non registration of the deposit. The penalty is 3 x the deposit. You could start an action for this, but the landlord only has to register the deposit the day before the court hearing to avoid the penalty, so pretty pointless.

2) return of the deposit. Until you know whether or not it will be retuned you cannot make a claim. The LL can deduct from your deposit for
1) rent owed (see below)
2) damage

So - have you given the correct notice? If not, you may owe rent! Is your tenancy now monthly (periodic)? If so, a) what are the dates of the rental periods? b) what date did you serve notice and c) what date do you plan to leave/end the tenancy?

Damage. Have you caused any (beyond normal wear and tear?? Did you sign a check-in inventory at the start of your tenancy, showing the condition of the property at that time?

top_drawer_2

G_M wrote: »

There are two potential claims:
1) non registration of the deposit. The penalty is 3 x the deposit. You could start an action for this, but the landlord only has to register the deposit the day before the court hearing to avoid the penalty, so pretty pointless.

2) return of the deposit. Until you know whether or not it will be retuned you cannot make a claim. The LL can deduct from your deposit for
1) rent owed (see below)
2) damage

So - have you given the correct notice? If not, you may owe rent! Is your tenancy now monthly (periodic)? If so, a) what are the dates of the rental periods? b) what date did you serve notice and c) what date do you plan to leave/end the tenancy?

Damage. Have you caused any (beyond normal wear and tear?? Did you sign a check-in inventory at the start of your tenancy, showing the condition of the property at that time?

I gave notice on the 25th to move out on the 24th - I plan to move around the 19th and clean etc to be out by the 24th. This is what is required by my periodic tenancy as the contract began on October 25th 2009 and rolled over to being a periodic in April.

I vagualy remember signing a very basic inventory - no pics were taken and no I dont believe I have caused any damage beyond standard wear and tear.

This morning I received an email stating that DPS had received my deposit, silly cow still hasnt done the other 2 tenants though but thats for them to deal with.

Thanks

RAS

The worse the inventory, the better for you; she needs to prove that you have damaged property to claim. If she has no evidence of the state of the property when you took up the tenancy, she cannot prove damage.

top_drawer_2

I'm think of inviting the landlady around to inspect the property prior to the tenancy ending. My new contract starts on the 19/03 and this one ends 24/03 so thought I could move most of my stuff out on the Monday/Tuesday/Wednesday and then invite her to inspect things Thursday/Friday leaving me Saturday to fix any issues she might raise.

I am already in the process of dealing with any issues which may occur so that there isnt too much that could be a problem - I hope. I'm not sure whether this is a good idea and about wording of an email/letter (we arent on speaking terms).

Thanks

rentergirl

Write a very polite but forceful and clear letter, sent recorded delivery. Explain your concerns. If you have found somewhere else, it's not about reference. Have a friend present during the inspection, and even record what she says (visibly take notes as well.) And photos: take photos.

tbs624

top_drawer wrote: »

I'm think of inviting the landlady around to inspect the property prior to the tenancy ending. My new contract starts on the 19/03 and this one ends 24/03 so thought I could move most of my stuff out on the Monday/Tuesday/Wednesday and then invite her to inspect things Thursday/Friday leaving me Saturday to fix any issues she might raise.

I am already in the process of dealing with any issues which may occur so that there isnt too much that could be a problem - I hope. I'm not sure whether this is a good idea and about wording of an email/letter (we arent on speaking terms).

Thanks

Yes, it is always a good idea for exiting Ts to do this. Just write (get cert of posting -RD can be left languishing at the PO if no-on is there to sign for it or the LL refuses delivery)

Say that in line with your previously given Notice, you will be moving out on x date and, so that you can return the property in the same condition as when let (allowing for fair wear and tear), you can be available between the times of x and y on z date for her to come to the property for a pre-exit inspection. Add "please confirm which time/date is convenient for you" ( as in you are expecting her to come, you're just giving her a choice of times)

Once you have finished cleaning etc, take detailed & time/date-evidenced photos of the property just before you leave - including tops of cupboards, shelves,skirting board tops, light switches/plug sockets, inside and out of any white goods, down the lav, inside basin and bath, shower screen, inside and out of cupboards, carpets, inside of window frames,showing lightbulbs in place, any outside area etc. It may sound a tad anally retentive but Ts do get called on things like water-marked shower screens,blown/non-existent lightbulbs, dust on picture rails/skirtings, fingermarks near light switches and so on (obviously you only have to meet the standard that was jointly agreed as being the case at the start of your tenancy)

Number the photos and tag the appropriate parts of the inventory so that in the event of any dispute it is easy to see what exactly each photo refers to.

If she flags anything up, photograph it there and then, list it and then ask her to sign the list.

top_drawer_2

tbs624 wrote: »

Yes, it is always a good idea for exiting Ts to do this. Just write (get cert of posting -RD can be left languishing at the PO if no-on is there to sign for it or the LL refuses delivery)

Say that in line with your previously given Notice, you will be moving out on x date and, so that you can return the property in the same condition as when let (allowing for fair wear and tear), you can be available between the times of x and y on z date for her to come to the property for a pre-exit inspection. Add "please confirm which time/date is convenient for you" ( as in you are expecting her to come, you're just giving her a choice of times)

Once you have finished cleaning etc, take detailed & time/date-evidenced photos of the property just before you leave - including tops of cupboards, shelves,skirting board tops, light switches/plug sockets, inside and out of any white goods, down the lav, inside basin and bath, shower screen, inside and out of cupboards, carpets, inside of window frames,showing lightbulbs in place, any outside area etc. It may sound a tad anally retentive but Ts do get called on things like water-marked shower screens,blown/non-existent lightbulbs, dust on picture rails/skirtings, fingermarks near light switches and so on (obviously you only have to meet the standard that was jointly agreed as being the case at the start of your tenancy)

Number the photos and tag the appropriate parts of the inventory so that in the event of any dispute it is easy to see what exactly each photo refers to.

If she flags anything up, photograph it there and then, list it and then ask her to sign the list.

Thank you. You have no idea how helpful that is at the moment ..... I seem to have the moving house equivelent of "baby brain" at the moment.

Yorkie1

rentergirl wrote: »

Write a very polite but forceful and clear letter, sent recorded delivery. Explain your concerns. If you have found somewhere else, it's not about reference. Have a friend present during the inspection, and even record what she says (visibly take notes as well.) And photos: take photos.

I am getting fed up with correcting rentergir'ls duff advice about recorded delivery. Don't use this.