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Dispute with LL over deposit
UrWntr
Posts: 227 Forumite
The tenancy on my rental property expired on the 24th of February in England.
My deposit is insured by TDS and held by the LA.
The LL performed the checkout inspection himself. It was a very informal inspection where I showed him some of the damage. No inventory was checked, nothing was signed and the keys were handed over.
It's been over 20 days since I vacated the property and the LL still hasn't decided what he's going to charge me. I received a letter from the LA detailing some definite charges but then at the bottom of the letter it stated that "we are still waiting for an estimate to fix the ___".
I strongly dispute the additional charges, but the problem is I can't seem to file a dispute because I don't know how much they're going to try to charge me!
The landlord is now on holiday and the LA has told me they need to wait for him to return.
This seems to me an excessive amount of time for me to wait to get my deposit back.
Are they breaking any rules, laws or guidelines?
How can I stop them from holding the deposit indefinitely?
My deposit is insured by TDS and held by the LA.
The LL performed the checkout inspection himself. It was a very informal inspection where I showed him some of the damage. No inventory was checked, nothing was signed and the keys were handed over.
It's been over 20 days since I vacated the property and the LL still hasn't decided what he's going to charge me. I received a letter from the LA detailing some definite charges but then at the bottom of the letter it stated that "we are still waiting for an estimate to fix the ___".
I strongly dispute the additional charges, but the problem is I can't seem to file a dispute because I don't know how much they're going to try to charge me!
The landlord is now on holiday and the LA has told me they need to wait for him to return.
This seems to me an excessive amount of time for me to wait to get my deposit back.
Are they breaking any rules, laws or guidelines?
How can I stop them from holding the deposit indefinitely?
0
Comments
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Just ignore this new unspecified deduction: File a dispute now based on the specified deduction they actually proposed.0
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Note that there is a *3 month window* after the end of the tenancy in which you can raise a dispute at TDS ( where tenancy started after Apr 6 2011 - 6 months for tenancies predating that).
The LL should be returning any undisputed amount from your tenancy deposit pronto..0 -
Note that there is a *3 month window* after the end of the tenancy in which you can raise a dispute at TDS ( where tenancy started after Apr 6 2011 - 6 months for tenancies predating that).
The LL should be returning any undisputed amount from your tenancy deposit pronto..
The problem is he hasn't decided how much he's going to charge, so technically there isn't an "undisputed" amount ready to be returned to me.
It's been a very disappointing experience. We were model tenants yet he still seems to be trying to take advantage of us.
Fingers crossed that we'll never need to rent again.0 -
In a similar situation I just kept asking for the whole thing back and he kept refusing! I also saw the CAB who were helpful and worth a visit.
What I did:
Write to the LL and say you want a fully itemised breakdown of the alledged damages he is claiming within 10 days, if he is not forthcoming send a very formal letter saying you will go via the DPS arbitration services (and this process means he will have to provide something) if he refuses to go via the DPS arbitration (as mine did) send a formal request for information, including photos, proof it happened during your tenancy and bone fide quotes and invoices for the work. If he still doesn't give you your money send it again but add that is is a formal request prior to court action. Allow 10 days each time. I did this and I got my money. Essentially if there is no real claim on the deposit and they think you are getting a case together for the small claims court (which incidentally is your only recourse if he refused arbitration) they cave. My old LL had stood in the house and said it was all OK, then as soon as I handed the keys over tried to fleece me for new carpets throughout because of rising water through his faulty damp course (in one room!) and repairs to a kitchen that had rotted away through the damp he knew about! I got my deposit
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The problem is he hasn't decided how much he's going to charge, so technically there isn't an "undisputed" amount ready to be returned to me.
Not so: He hasn't proposed any deduction yet, so as said just ignore his posturing about "deciding how much to charge". It's not that there isn't an undisputed amount, it's that there is no disputed amount!
As previously suggested, just contact the TDS and request the deposit being refunded with the full amount 'undisputed'.
If anything that should made make him decide pretty quickly.
It's worth noting that a landlord refusing to refund the deposit for no reason may be committing theft.0 -
Raise a dispute with as much info as you can.
Complete the TDS Notification of Deposit Dispute process online
This process may not be available online if a dispute has been raised by another party. If you are unable to submit a dispute form online by entering your UID code, please call our contact centre on 0845 226 7837 or email [EMAIL="deposits@tds.gb.com"]deposits@tds.gb.com[/EMAIL] for more information on the progress of the dispute. Alternatively, please PRINT off a hard copy of the TDS2 form and post to Tenancy Deposit Scheme (TDS), PO Box 1255, Hemel Hempstead, Herts, HP1 9GNDownload and print the completed form
Check and sign the form
Send your form to TDS with the Tenancy Agreement and any other documents you want us to consider0 -
I'm actually starting to enjoy this.
Landlord: We are charging you £XXX for <item>.
Me: There was no damage to <item>.
LL: We have photographic evidence along with copies of receipts.
Me: Great, send them over.
LL: We have now decided not to charge you for <item> but we will be charging you £XXX for <new item>.
Me: Please send me a copy of invoices, receipts and evidence of the work carried out.
LL: As a gesture of goodwill we will reduce the charge by 20% [No evidence provided]
Me: I don't want a goodwill gesture, I want to pay for the damage we caused. I have filed a dispute with the arbitrator.
:rotfl::rotfl::rotfl:
All of this over a few hundred quid.
Oh and they still haven't returned the "undisputed" portion of my deposit.0 -
Fantastic. Keep up the good work and keep us posted!I'm actually starting to enjoy this.
Landlord: We are charging you £XXX for <item>.
Me: There was no damage to <item>.
LL: We have photographic evidence along with copies of receipts.
Me: Great, send them over.
LL: We have now decided not to charge you for <item> but we will be charging you £XXX for <new item>.
Me: Please send me a copy of invoices, receipts and evidence of the work carried out.
LL: As a gesture of goodwill we will reduce the charge by 20% [No evidence provided]
Me: I don't want a goodwill gesture, I want to pay for the damage we caused. I have filed a dispute with the arbitrator.
:rotfl::rotfl::rotfl:
All of this over a few hundred quid.
Oh and they still haven't returned the "undisputed" portion of my deposit.0 -
You are not entitled to see evidence of the work having been carried out: that's the landlord's choice.
What the landlord is entitled to is fair compensation for any damage which has been caused by you during the tenancy. This could be justified by providing an estimate for such work,
That is, IF there was a dual-signed check-in inventory at the start of your tenancy. You have made no mention of one. Was there such a thing?
Get onto the TDS website and claim the whole of your deposit back right away. Then, if they decide to claim any part of it you could decide to dispute the deduction/s and force them to go through the scheme's arbitration process. The burden of proof will be with them and not you0 -
He's making up as he goes along: many agents do this. Deposits are used to make extra money. Don't fall for it, and follow great advice above.0
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