Tenancy Bond - Where do I stand?

MissMiki

Hi All,

I recently vacated my flat (as the owner was selling to a family member) on Sat 21st April, I handed the keys back on Fri 27th April. This extra week allowed for me to rectify any scuff marks from moving bulky items of furniture out of the flat, cleaning carpets and generally giving the flat a good clean without any of my belongings in it (leave it as you would expect to find it sort of thing).

I have moved literally 30 seconds around the corner from my old flat and have noticed this evening, less than 48 hours after handing the keys in (could have been less) that the new owners have moved in to the flat ... I can see curtains and photo frames in the windows.

My question is this, in terms of the bond I have paid on the flat where do I stand? The landlords have not yet released the deposit back to me and I have checked online and it is still registered with their chosen deposit protection agency.

Surely they cannot deduct anything from my deposit when they have let the new owners move in prior to the checks?! any scuff marks etc could have been made by them and not me.

I am very house proud and in my opinion I should get the full deposit back anyway as I left the flat in a better condition than when I moved in however we all know that there are some (not all!) crook landlords out there who will try and make deductions where possible.

If they try and deduct anything that I disagree with, do I have grounds to raise a dispute based on these facts? Surely they cannot move someone in prior to checks and agreed release of bond?

marliepanda

I guess you did not do the checkout procedure together? When I left my last property I handed back the keys at the property whilst they were doing the checkout.
Then I was able to point out that certain issues she was bringing up I had reported multiple times during the tenancy and was not 'my fault' I would not allow a inspection to take place without my presence as surely it needs to be signed off on to say its all okay? Also, lets just say you accidently left the shower in a bit of a mess, you could rectify it before the checkout ended by running round the corner to grab some cleaner!

I would be on the phone to the agents (if like me everything went through agents and not LL) and ask about the checkout. I would make them aware you realise there are already new tenants in the property and that you want your bond releasing.

As for the deposit, it should be in a scheme, and they should be releasing it back to you. Issues with deposits can be raised through the deposit scheme (and they tend to favour tenants unless there is good solid evidence from the landlord that YOU caused the damage and it was not at all present at the beginning of the tenancy)

Mumto3cheekymonkeys

MissMiki wrote: »

Hi All,

I recently vacated my flat (as the owner was selling to a family member) on Sat 21st April, I handed the keys back on Fri 27th April. This extra week allowed for me to rectify any scuff marks from moving bulky items of furniture out of the flat, cleaning carpets and generally giving the flat a good clean without any of my belongings in it (leave it as you would expect to find it sort of thing).

I have moved literally 30 seconds around the corner from my old flat and have noticed this evening, less than 48 hours after handing the keys in (could have been less) that the new owners have moved in to the flat ... I can see curtains and photo frames in the windows.

My question is this, in terms of the bond I have paid on the flat where do I stand? The landlords have not yet released the deposit back to me and I have checked online and it is still registered with their chosen deposit protection agency.

Surely they cannot deduct anything from my deposit when they have let the new owners move in prior to the checks?! any scuff marks etc could have been made by them and not me.

I am very house proud and in my opinion I should get the full deposit back anyway as I left the flat in a better condition than when I moved in however we all know that there are some (not all!) crook landlords out there who will try and make deductions where possible.

If they try and deduct anything that I disagree with, do I have grounds to raise a dispute based on these facts? Surely they cannot move someone in prior to checks and agreed release of bond?

I think if he wants to keep your deposit he must get courts permission. Just before my tenants hand the keys back I go round with them and we go through the house noting any damage and take pictures of the rooms so that there is proof by both parties. I am guessing you did not do this? x

G_M

Which scheme is it?

Write to the landlord, asking for your deposit to be returned by return of post.

Go onto the scheme website - depending which one, you can apply to the scheme for the deposit to be returned. If the LL objects he has to give the scheme an explanation.

MissMiki

Thanks all, it is in the "Tenancy Deposit Scheme" provided by "The Dispute Service".

I will do as you say in the morning and speak to my previous lettings agent asking for an update[ on the deposit release and if they mention anything about them not having done the checks yet then I will mention the fact that the new tenants / owners are occupying the property. Many Thanks for the advice.

I appreciate they still have plenty of time to release the deposit as it has only been 2 days, I just found it odd that someone was already living there (surely can't be too many issues if they were happy to move in?!)

I have let 2x in the past and both LLs did the checks on their own without me present, I am not of the understanding from these threads that I should be requesting to do the checks with them...I did not realise this was common as it has never been mentioned to me before by LAs or LLs.

Will bear in mind for the future.

caeler

Have you logged in and requested your deposit? That really is the first step. I waited for ages to receive mine but hadn't realised I could start the process via the website!

MissMiki

Thanks Caeler, I have logged on but I cannot see a way of requesting it. I will contact the LA tomorrow and if I get no where I will have another look!

Mumto3cheekymonkeys

MissMiki wrote: »

Thanks all, it is in the "Tenancy Deposit Scheme" provided by "The Dispute Service".

I will do as you say in the morning and speak to my previous lettings agent asking for an update[ on the deposit release and if they mention anything about them not having done the checks yet then I will mention the fact that the new tenants / owners are occupying the property. Many Thanks for the advice.

I appreciate they still have plenty of time to release the deposit as it has only been 2 days, I just found it odd that someone was already living there (surely can't be too many issues if they were happy to move in?!)

I have let 2x in the past and both LLs did the checks on their own without me present, I am not of the understanding from these threads that I should be requesting to do the checks with them...I did not realise this was common as it has never been mentioned to me before by LAs or LLs.

Will bear in mind for the future.

We always go round the house with the tenants before we hand them the keys that way they can highlight any problems and we can let them know of what we plan to do. We also goto the house and go round with them and then they hand back the keys. I thought this was common practice.

G_M

MissMiki wrote: »

....I will do as you say in the morning and speak to my previous lettings agent asking for an update[

Write to the landlord, asking for your deposit to be returned by return of post.

The LL is responsible for your deposit. The agent is just... an agent acting on his behalf. By all means speak to the agent and/or send a copy of your letter to them, BUT YOU MUST WRITE TO THE LL AT THE ADDRESS ON YOUR TENANCY AGREEMENT "FOR THE SERVING OF NOTICES".

http://www.thedisputeservice.co.uk/raise-a-dispute.html

"TDS will only adjudicate where the landlord and tenant(s) have already made a reasonable attempt to resolve the dispute, in conjunction with the agent (where one is involved)."

MissMiki

Many Thanks, will ask for update and follow up with the LL also.

Benji

Can I clarify what date you paid rent up until? You are liable up until 27 April, so if you have only paid to 21 April that may be the reason as you may have incurred an extra months rent liability.

With the new occupants, you could argue part of that, but you will certainly be liable until the new folks moved in.