How to claim deposit back ?

MSLP_2

Hello all,

My flatmate and I moved out on 01/09/2012 [moved in 09/2010]without an inventory check with the landlord. There was no inventory check done when we moved in.
It is an old flat [from the 70's] and we broke a microwave and a cheap vacuum cleaner from asda. The flat is in England.
Very well, but the landlord has not give us back part of our initial deposit back and more suspicious, he does not answer our emails [and never answered mine, in the matter fact].

The thing is, the flatmate and I are both continental therefore we do not know the british law. Where I come from, of course inventories should have be done and the landlord must give quotes for parts to be repaired, if any.

My flatmate went back home, I am still in England.

What can we do to get at least a justification to hold back our deposit [325+375 GBP] ?

BitterAndTwisted

If your tenancy started after April 2007 your deposit should have been registered with one of the three approved schemes: DPS, TDS and MyDeposits. Your landlord should have informed you about which scheme they used early on in your tenancy. Get onto all three scheme's websites and interrogate them to see if the deposit has been protected.

Normally, where there has been no dual-signed inventory the landlord will not be able to justify a single deduction, as they will have no categorical evidence of the state of the property and its contents at the start of your tenancy.

Come back to this thread once you know about whether your deposit was protected as required, so we can offer suggestions as to how to proceed.

tbs624

Welcome as a newbie poster. Note that if you were the occupants of a rental property and paid rent to someone else ( who did not also live there) then you were the tenants and the other party is your *landlord*

You don't say where the property is - its not a case of "British" law - there is law which applies to Eng/Wales and Scotland has its own legal system.

Assuming Eng/Wales - when did you pay your tenancy deposit? Was it after 6 April 2007 or, if your tenancy began/you paid your deposit before that date has your tenancy since been renewed for a further Fixed Period of time?

Has your Landlord given you any information about tenancy deposit protection? Scotland now also has tenancy deposit regs.

If the LL failed to complete a jointly agreed inventory then s/he will find it harder to retain any of your tenancy deposit since s/he needs to be able to prove the condition of the property and its furnishings at the start of the tenancy, as well as at the end. S/he would also have to allow for "fair wear and tear"

Do you have formal receipts for your tenancy deposit payments?

Fire_Fox

Welcome! Good advice from the others. Communicate with your landlord in writing, take two copies of your letter to different Post Offices and ask for a proof of posting each time.

MSLP_2

I will ask the schemes if they have heard of my landlord. We moved in Sept. 2010 and the flat is in England
I do not remember if there was a Dispute scheme section in my contract with the landlord, should there be or is it on a separate paper ?

Also, I do not have a postal address for my landlord [not on the contract anyway], only emails and a phone number; I will try the phone line.

BitterAndTwisted

It's not the landlord you need to be asking the deposit-protection schemes about: it's the property address and your name they should have a record of. Usually, when there is a joint-tenancy there will be one person who is described as the "lead tenant" where the deposit is concerned rather than two deposits registered separately for each of you unless you had separate agreements.

What address is on the agreement under the section headed "For The Serving Of Notices"?

MSLP_2

hello

I called my landlord and he received several emails but still no news from him.
The various deposit schemes have yet to get back to me.
I scanned all papers related to this rent [2011 but no 2010] that I have in my possession.

edit: I cannot post links so just add izipik.com before the /image if you wish to see the pictures.

Zorz_2

MSLP wrote: »

Also, I do not have a postal address for my landlord [not on the contract anyway], only emails and a phone number; I will try the phone line.

Well, your landlord's address is at the last page of the contract you posted. This is the address to communicate with him. Send 1st class letters, get (free) proof of postage and you can send each letter twice (from a different Post Office). This way, he cannot claim that he didn't receive your letters.

tbs624

MSLP wrote: »

I scanned all papers related to this rent [2011 but no 2010] that I have in my possession.

edit: I cannot post links so just add izipik.com before the /image if you wish to see the pictures.
/images/201210/25/1w2nswrpztpsnm27ekr-img005.jpg
/en/images.php?date=201210/25&img=17uvy7l3t41u1zu7gtdv-img006.jpg
/en/images.php?date=201210/25&img=klahfz2uqewe3306j4bb-img007.jpg
/en/images.php?date=201210/25&img=ipdjch3c84zqgug8ghw-img008.jpg

If these links above contain personally identifying info such as the property address, your name and that of your LL you may want to remove them or blank out relevant parts.

The various deposit schemes have yet to get back to me.

There is no need for any delay on this - you can quickly and easily query all 3 schemes online via this Shelter link (Shelter is a housing charity which provides advice for tenants and homeowners)

tbs624

BitterAndTwisted wrote: »

Usually, when there is a joint-tenancy there will be one person who is described as the "lead tenant" where the deposit is concerned rather than two deposits registered separately for each of you unless you had separate agreements.

TDS does not promote the use of "Lead Tenants", although mydeposits and DPS do.

Fire_Fox

There is an Birmingham postal address for the landlord on the last page of your tenancy agreement, as already advised "communicate with your landlord in writing, take two copies of your letter to different Post Offices and ask for a proof of posting each time."