LL has only just registered my deposit - 1 month after I have moved out!!

Ilovepurple

Hey all, and thanks in advance for any help with this.

I moved out of a property I had rented since July 09 this year in February. I gave the LL one months notice, and ended the tenancy on a rental day. This meant I was paying rent on two homes for two weeks as my new tenancy started in Jan.
I didn't mind this as it gave me time to move and make any repairs and cleaning needed to the old place. My LL didn't perform an inventory when I moved out and not did I sign one when I moved in.
She has now sent me a ridiculous email with unrealistic costs of repairs which are either pre existing from before I moved in or what you would expect from wear and tear. She states repairs amounting to over 2000 yet is asking for 300. Which I think in itself is suspect. I know I am not responsible for the damage that she is stating yet when I asked for the inventory she mentioned in the email I was sent one unsigned and with a date of a year before I moved in (clearly from the old tenants).

Bottom line is I have found out that she didn't protect my deposit, a fact that is made worse by her living overseas. I was going to issue her with a n208 as advised by another forum. Last night I decided to double check that the deposit was unprotected and I have found an entry in the Dps website. When I called them today I was told that she registered the deposit this month, around the time I was questioning the inventory. This is a month after I have moved out!! Is she allowed to do this. I am extremely cross as all documents regarding the depost have been sent from the scheme to my old address.
What I would like to know is where do I stand now in terms of taking her to court as I think she has clearly taken advantage of my inexperience of renting and now that I am getting clued up she is trying to cover her tracks.

Please help

agrinnall

She is allowed to do it, although in my view it's a dodge that the legislation didn't take account of and should be changed to penalise any LL doing this.

Why are you considering court before disputing the deductions with DPS? It sounds like you have plenty of ammunition on your side to convince DPS to throw out the LL's claim, so you may as well go to them first for free rather than run up court costs before they are necessary.

19lottie82

Dispute it with the DPS. If she doesn't have an inventory, they will side with you, as she has no proof about these "repairs".

Ilovepurple

Just tried to start a repayment claim through the Dps and apparently I can't start a request until 2/04 as she has only recently registered it. I am disgusted that she is able to get away with all this as she is the one who is clearly in the wrong. How is justifiable that she can register my deposit and not give my new address or email as a means of contacting me? Had it none been for me checking their website I would still not know where my money is. Surely the legislation surrounding this needs tightening up. Is there anyone I can write to to make aware of the loopholes these type of ll have on their side?

BitterAndTwisted

It's disappointing that the landlord protected your deposit so late BUT IT'S BEEN PROTECTED. This puts you in a very good position.

I suggest you stop worrying about who to complain to and start thinking about what documentary evidence the landlord has about any alleged damage caused by you during your tenancy . Like a dual-signed inventory at check-in. No inventory means no deductions.

Get onto the DPS website and claim the whole of your deposit back as soon as you can. If the landlord tries to claim any deductions, dispute them and let the issue be dealt with by the scheme's arbitration procedure. The burden of proof will then lie with the landlord, not you to disprove them. Your position will be that there was no dual-signed inventory at the start of your tenancy and therefore no deductions are justified. End of.

zebbedee

No inventory no damage, go through the TDS, the LL would have a hard time demonstrating damage particularly since they have given you a copy of an inventory dated before you moved in. The LL has to prove damage and not you prove otherwise.

DVardysShadow

Ilovepurple wrote: »

When I called them today I was told that she registered the deposit this month, around the time I was questioning the inventory. This is a month after I have moved out!! Is she allowed to do this. I am extremely cross as all documents regarding the depost have been sent from the scheme to my old address.

This is serious because the Landlady will now receive all of the Tenant's side documents and validation ID's , which will enable her to sign off the deductions as the tenant.

OP, you need to phone the Deposit Scheme and inform them, then write a letter to them to alert them to what has happened. Keep copies.

If she does pull this stunt, you may have to take her to court - it won't look good for her. And it would probably be fraud on her part, so you could get the police involved.