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Landlord being a pain over giving deposit back
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1289rs
Posts: 23 Forumite
Hi
Have a bit of a problem I could use some advice on please
Basically we are due to hand our rented property back on the 1/4/2013
However this is no our choice, so anyway as a favour to us I asked the landlord if we could do the inspection early so we could get the deposit money back in time to pay it out for our new property (we cant afford to have all that money tied up at the moment as it would be nearly 1200!) 595 deposit for the new one and £575 we current have tied up in the current property
Anyway he agreed to this! All was well untill hes been round this morning
couldn’t fault the house its self atall! Even admitted he could see we had looked after it!
(too right it should be after £500 worth of decorating just done before XMAS!! We are not happy!)
Anyway he then went into the garden/outside
Now the garden its self is fine it’s the only part of the house we have never touched just kept it well maintained etc
Anyway the driveway! Last year my car gained an oil leak witch gradualy got worse and worse so drips of oil had gatherd on 2 sections of the drive (depending on witch way I had parked)
I pointed this out to him when he came to do some work on the roof just before winter,and his words were! “it’s a driveway don’t worry about it,itll wear off over time”
So great! Got on with it!
Anyway hes now today pulled us on this and said its unlikely we will get any deposit back now because hes going to have to get the driveway patched up and to be done properly it wil cost more than the £575!
Im livid at this moment in time! don’t know what to do about it! Is it fair he can do this for the driveway of the property? There is nothing on the inventory about the garden/driveway just says
“ashfelt (tarmac) driveway to side, flagged area round the back, well kept lawns to from and rear!”
I think hes just being a !!!!! basically now for the sake ofit and because we are waiting untill the last day of our contract to move out! (see below)
We don’t even want to move! He promised us another 2 year contract at xmas time! (it runs out end of march) hence why we then decided to spend some money and frehsn the place up!) then to get a phone call middle of feb to be told he needed to take possession back of the property ASAP because his daughter was expecting now and this was his best/closest property to him on his “portfolio” and he wants to extend the rear before baby is due
(basically hinting could be move out before our contract was up and I think this is why hes being such a !!!!! now!)
Fuming! But what can you do it’s the risk you take I suppose renting! Just wsh I had not taken his word,will defo have my guard up in future!
He did offer us another one of his houses for the same as what we paid here, but its 15 miles away! My partner already does 25 to work so it was a complete no go!
My partner is going to dig the paperwork out for where the deposit is "deposited" and see what it says on that about disputing his claims, just a long process i cant afford/dont need the hassle of at the moment!
Have a bit of a problem I could use some advice on please
Basically we are due to hand our rented property back on the 1/4/2013
However this is no our choice, so anyway as a favour to us I asked the landlord if we could do the inspection early so we could get the deposit money back in time to pay it out for our new property (we cant afford to have all that money tied up at the moment as it would be nearly 1200!) 595 deposit for the new one and £575 we current have tied up in the current property
Anyway he agreed to this! All was well untill hes been round this morning
couldn’t fault the house its self atall! Even admitted he could see we had looked after it!
(too right it should be after £500 worth of decorating just done before XMAS!! We are not happy!)
Anyway he then went into the garden/outside
Now the garden its self is fine it’s the only part of the house we have never touched just kept it well maintained etc
Anyway the driveway! Last year my car gained an oil leak witch gradualy got worse and worse so drips of oil had gatherd on 2 sections of the drive (depending on witch way I had parked)
I pointed this out to him when he came to do some work on the roof just before winter,and his words were! “it’s a driveway don’t worry about it,itll wear off over time”
So great! Got on with it!
Anyway hes now today pulled us on this and said its unlikely we will get any deposit back now because hes going to have to get the driveway patched up and to be done properly it wil cost more than the £575!
Im livid at this moment in time! don’t know what to do about it! Is it fair he can do this for the driveway of the property? There is nothing on the inventory about the garden/driveway just says
“ashfelt (tarmac) driveway to side, flagged area round the back, well kept lawns to from and rear!”
I think hes just being a !!!!! basically now for the sake ofit and because we are waiting untill the last day of our contract to move out! (see below)
We don’t even want to move! He promised us another 2 year contract at xmas time! (it runs out end of march) hence why we then decided to spend some money and frehsn the place up!) then to get a phone call middle of feb to be told he needed to take possession back of the property ASAP because his daughter was expecting now and this was his best/closest property to him on his “portfolio” and he wants to extend the rear before baby is due
(basically hinting could be move out before our contract was up and I think this is why hes being such a !!!!! now!)
Fuming! But what can you do it’s the risk you take I suppose renting! Just wsh I had not taken his word,will defo have my guard up in future!
He did offer us another one of his houses for the same as what we paid here, but its 15 miles away! My partner already does 25 to work so it was a complete no go!
My partner is going to dig the paperwork out for where the deposit is "deposited" and see what it says on that about disputing his claims, just a long process i cant afford/dont need the hassle of at the moment!
0
Comments
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Which country are you in? Scottish law is different.
Was the drive mentioned on the inventory when you took over the property?
Is the deposit protected in one of the schemes (England and Wales)? Do you have the prescribed information?
And by the way, never ever spend money on your landlord's property.If you've have not made a mistake, you've made nothing0 -
Hi im in yorkshire,
nothing spacific about the driveway no,just as said above it says
"ashfelt driveway to side of property"
nothing about its condition etc
yes its in one of the scheme,i cant remember witch one,my partner is going to get the paperwork out when she gets home and see what it says
and i know, but we thought we were getting another 2 year contract,so would have been happy if we got 2 years out ofit and keep the place looking fresh, however i think we will now be changeing our outlook on this in future! now0 -
1) the fact you don't want to move out is a red herring. Irrelevant.
2) you have damaged the drive. Oil stains badly. If you left your car unrepaired and it continuously leaked, you will have caused stains which may or may not be removable. (quite apart from the damage you were doing to the car)
3) So the only issue is over the amount of the deduction from your deposit for this damage. Get some professional quotes for cleaning the drive. Better still, clean it! If the oil comes off - sorted. If not, you'll have to pay.0 -
When did the tenancy start (date of last contract)?If you've have not made a mistake, you've made nothing0
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date of last contract was 1/4/2011 or around then
and the oil leak was repaired! it has not been added to since i pointed it out to him 6 months or so ago and he wasnt bothered! i suspect he only is now becuase its his daughter having the house
at the end of the day cars leak oil! look at any car park its full of oil stains!0 -
Given the situation, I'd probably have a go at removing the stain myself with some degreaser scubbed over the area, followed by a jet wash/hose down. It will be very difficult for the LL to prove anything unless he's taken photos, so just request the deposit back and if he trys to challenge it, it will be for him to prove, not you.0
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I had the same problem, I had a professional firm round who quoted £75 and would seal the drive after cleaning it. Do it before you go, keep the receipt or even better as someone else said try and do it yourself. If its not there when you leave he can't do anything about it.
I never believe anything that an EA or LL says unless its in writing in a contract.
Good luck0 -
the oil leak was repaired! it has not been added to since i pointed it out to him 6 months or so ago and he wasnt bothered! i suspect he only is now becuase its his daughter having the house
at the end of the day cars leak oil! look at any car park its full of oil stains!
Your leak stained the drive and that is damage. It is not acceptable and the LL is entitled to compensation.
However I agree with the others that if there is no stain at the end of the tenancy then there will be no deduction. Therefore have a go at getting removed yourself. Also you are free to challenge the amount of any deduction the LL proposes with the deposit scheme.Don't listen to me, I'm no expert!0 -
get drive way pressure washed, this will annoy the LL more than the oil stain, as he will have to give you the money back, chances are he hasn't got the money0
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been to b&q this eve and bought some "gunk" driveway cleaner
apparently this is safe and wont react with the tarmac like some of the acid based ones, i finish early on fridays so going to give it a first go tomorrow then again over weekend and see how it looks!
just annoyed how hes tried this trick but as someone said he will be more !!!!ed off that he comes back to a pristine driveway and no other leverege on our deposit i suppose0
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