Information provided when deposit held.

mattgad

Hello.

I've just left a property and requested back my deposit from the DPS. They have just sent me an email to say the landlord would like to keep a proposition of the deposit, but it does not say why.

I have tried to contact the letting agent with no success so far - the letting agents do not call back ever, and I've left a message at least three times so far this week.

My question is, what does a landlord/letting agent need to provide me with to be able to take money from the deposit? Do they need to provide me with a written copy with reasons of why the money is being taken, and invoices where they can.

Thanks.

Fire_Fox

It's worth running an advanced search, this comes up several times a week.

Yes they do need to inform of proposed deductions you as you say. They don't necessarily need to supply quotes (not invoices) depends if you agree the deductions or not. They should also return any undisputed amount, or is the whole amount under dispute? Was there a dual signed inventory at the start, did you attend checkout?

Write to the landlord directly, use the address for serving of notices which is on your tenancy agreement. They are the ones you are contracted to, they are responsible for returning your deposit. Send two copies from different Post Offices, keep the proof of posting.

mattgad

Fire_Fox wrote: »

It's worth running an advanced search, this comes up several times a week.

Yes they do need to inform of proposed deductions you as you say. They don't necessarily need to supply quotes (not invoices) depends if you agree the deductions or not. They should also return any undisputed amount, or is the whole amount under dispute? Was there a dual signed inventory at the start, did you attend checkout?

Write to the landlord directly, use the address for serving of notices which is on your tenancy agreement. They are the ones you are contracted to, they are responsible for returning your deposit. Send two copies from different Post Offices, keep the proof of posting.

It is not the whole amount under dispute, but it is around 25% of the deposit. I am afraid there was no inventory at all. I have absolutely nothing to say what the state of the house was before we moved in - but I can tell you that it wasn't good at all (really dirty, a broken window, old tenants furniture, etc). I feel daft for not forcing them to get one done, but it was my first rental and I didn't really know what I was doing (you'll be pleased to know I have a dual signed inventory for the property I am in now). I did attend a checkout. I have a signed document that says, loosely, everything was fine, except there may be a cleaning charge added. The amount in dispute is nearly double this cleaning charge.

tbs624

If the LL does not have a jointly signed [edit:inventory], or other evidence of the *agreed* condition of the property at the start of the tenancy, then he will struggle to obtain his proposed deductions.

However, as you say you attended the checkout did you not challenge the original cleaning charge mentioned then?

Fire_Fox

mattgad wrote: »

It is not the whole amount under dispute, but it is around 25% of the deposit. I am afraid there was no inventory at all. I have absolutely nothing to say what the state of the house was before we moved in - but I can tell you that it wasn't good at all (really dirty, a broken window, old tenants furniture, etc). I feel daft for not forcing them to get one done, but it was my first rental and I didn't really know what I was doing (you'll be pleased to know I have a dual signed inventory for the property I am in now). I did attend a checkout. I have a signed document that says, loosely, everything was fine, except there may be a cleaning charge added. The amount in dispute is nearly double this cleaning charge.

No need for you to be afraid or feel daft, landlord has to prove you left the property in a worse condition than you found it - not so easy without an inventory. What you signed is less helpful to you case, can you be more specific?

mattgad

The document I signed (and was also signed by letting agent) was an audit findings report conducted by the agents. It includes questions asking if there are any problems with areas of any of the rooms, and the outside area of the house. The answer are 'No' to all of them except one room which states there is a faint animal smell, and that the tenants have been informed that we will provide a basic level of sanitisation in this room and that if further is needed this will result in a charge from the landlord.

I did originally challenge this, but the letting agent said that they clean all properties anyway and the first three hours are included for free. He gave me the impression that it wouldn't likely take longer than this time and that he was just writing this to cover his own back.

The amount in dispute is nearly double this charge. But it seems via the DPS online system, no one can leave a message when requesting money back so it is hard to sort it out via there.

I shall write a letter to the letting agents as suggested.

FireWyrm

Well, your landlord can just go swivel then. If he doesnt have a proper inventory and he wishes to deduct anything from your deposit, he's going to struggle to say the least.

The arbitration process isnt hard. If I remember correctly, you need to sign up, that will give you access to an area where you can upload your counter evidence and any letters you wish to address to them. I did it and obtained most of my deposit back minus only what I had agreed to pay. The LL lost on almost all other counts on the basis that he couldnt prove a financial loss to himself (or his agent couldnt).

Dont be frightened, but you have to fight a little bit for what is owed to you. There is plenty of information on this forum about the process, outcomes, legality etc.