getting deposit back for rented property- advice needed

G_M

rebelyell wrote: »

The inventory isn't majority detailed,
did you sign it?
however it does say the stair carpets are in good condition.
Bar for that and the little burn marks near the coal fire, the house is fine.
is the condition typical for 5 years wear and tear?
I also had a few items on the inventory that are no longer here. One was a small freestanding unit that was basically falling to bits, my landlord said I could throw it away.in writing? The new landlord won't know this was said
Also curtains that were in my front room which were dirty and basically un useable got thrown away. Could they note/charge for this? if they were on the original signed inventory, yes
My letting agents also sold the house to this couple.

So the letting agents were, in fact, not agents. They were the landlord (owner of the property)? Or do you mean they were the Estate Agents who found the buyer? Irrelevant.

I'm on a rolling tenancy now, my 6 month contract ran out years back. I do live in the UK and my rent is paid monthly

.
The question was "* this is Eng/Wales?". Scottish law is different!

Assuming England, then you have a monthly Periodic Tenancy and 8 weeks Notice is not valid:
1) was it given via a S21 Notice?
2) it should be two Tenancy Periods Notice (at least 2 calender months and timed to coincide with the end of a rental period - read Ending/Renewing an AST )

edit - check your deposit is registered as advised above (unless Scotland!)

rebelyell_2

I did sign an inventory, which I have a copy of HOWEVER the landlord/letting agent haven't actually signed this??
It does state the living room carpet is in god condition so I know they'll probably nitpick & notice the burns by the fire but tbh there's nothing I can do about that, even with a fireguard on it spat out & there isn't a proper marble built up hearth, it's just a flat one that the carpet goes over.
I'm tempted to just deny it & say it was already there if it gets mentioned, if not i'll just keep quiet about it.
With regards to the stairs though, I was chatting to a guy who came here to carry out an energy rating for the house & he was a landlord too, he actually said they can't touch me with regards to the tread on the back of the stair carpets as they have been laid for 5 years so would need replacing anyway.
He actually mentioned how well i'd taken care of the downstairs carpet too and said he thought like they only looked a year or two old.
Another question I had was maybe the odd mark here & there on carpets? my bedroom ones are lighter than the downstairs & obviously after 4 1/2 years this means they've accumulated the odd mark here & there. Nothing bad as i've cleaned them regularly but just those that can;t be helped or removed.
If i'm honest the couple that have bought the house are only young & don't seem very clued up about any landlord/tenant disputes.
I was checking online just now & my deposit is being held with the TDS, and it says it is protected. It does also say it is expected to end 2008 or after. Does it still apply if I have been on a rolling contract?

G_M

rebelyell wrote: »

I was checking online just now & my deposit is being held with the TDS, and it says it is protected. It does also say it is expected to end 2008 or after. Does it still apply if I have been on a rolling contract?

Yes.

So any dispute over your deposit you can refer to the independant scheme arbitrator.

rebelyell_2

G_M wrote: »

So the letting agents were, in fact, not agents. They were the landlord (owner of the property)? Or do you mean they were the Estate Agents who found the buyer? Irrelevant.
.
The question was "* this is Eng/Wales?". Scottish law is different!

Assuming England, then you have a monthly Periodic Tenancy and 8 weeks Notice is not valid:
1) was it given via a S21 Notice?
2) it should be two Tenancy Periods Notice (at least 2 calender months and timed to coincide with the end of a rental period - read

edit - check your deposit is registered as advised above (unless Scotland!)

I didn't actually have it in writing about throwin the unit away, I called my landlord & he told me over the phone I could dispose of the unit as it was really old & fell to bits. It does say in the inventory about the poor condition of this too.

Yes it was also the estate agents who found the buyer & I did get a section 21 notice.

I got told that if this happens the letting agents should be trying to help you move into a new property? Is this true?

rebelyell_2

can I just clear some things up (sorry I am posting so much but this is my first renting of a property so i'm really not all that clued up)
Basically, are the new homeowners technically my landlord until I leave this property? And any things that the letting agents note on the inventory such as the carpet tread etc...will be up to them whether or not to deduct?
As I mentioned before, I was going to paint my bedroom & sons room before I left as there are a few marks here & there & could do with a lick of paint BUT the new owners actually said don't bother because we will be doing it anyway. So if the letting agents said the walls had marks, would this matter?

Zorz_2

rebelyell wrote: »

Basically, are the new homeowners technically my landlord until I leave this property?

Yes.

By the way, did you get a formal notification of your new landlords? When was the s21 notice sent, before or after the sale? Basically, does it have to old or the new LLs name on it?

rebelyell_2

I've had absolutely no notification of any new landlord, I just got my s21 after the property sold. I was told verbally over the phone that the landlord died....about 5 months went by then I got another call & it was the letting agents telling me the inheritants of the property wanted to sell. It went up for sale that week, had one visitor, two days later it was sold. I got called and notified of this & then received my s21 in the post.

Basically I have enough for a deposit for a new place but am struggling with the first months rent in advance too. If I asked the new owners if they would check the inventory themselves (they already said they didn't want me decorating as they'd be doing it etc) and were satisfied with everything they would agree to let me have the money? I really need it before I leave to be honest as I can't afford to move without it.
Such a nightmare!

Fire_Fox

The current owners are your landlords. Unfortunately you are not entitled to your deposit before you leave, if it is lodged with a scheme you are unlikely to get this. Can you get an overdraft or a paper bond from your local council since you have been served an S21?

I would argue 'good' condition of a carpet is not 'very good', 'excellent' or 'as new', does the inventory detail the condition/ are there photographs? If not they will find it difficult to prove there were no burn marks, assuming they are truly tiny. Marks on carpets are not wear and tear they are dirt, clean these. Don't paint unless you have written consent to do so/ made scratches, maybe get it in writing they don't want you to, clean the walls with sugar soap you will be amazed what scuffs this removes. Check your AST you may need to have the chimney swept - that might be to your advantage in playing innocent over the burn marks too.

longtimelurkersam

GM posted this but it has not been answered...

Do you want to leave? If so, are your ready to leave or would you like longer?

Please answer it as many people on here can advice further. Section 21 does not mean you have to leave! I am posting from a mobile so I am hoping someone else will give you the facts if you don't want to leave or want to leave in a different timescale ie after Xmas for example.

dodger1

A question for the legal experts. If deductions are made from the deposit does that mean the money HAS to be used for the repair or replacement of the items that the deductions are for. Or can the money be used for anything, even for something other than the property.