DPS not used and getting deposit back

quailpower

Hi just some background infomraiton.

I moved into my old property on 27th April 2012 and moved out on the 27th April 2013.

The property was supplied as fully furnished (NO INVENTORY), £450 a month payable on the 7th. And £450 put down as a deposit.

On the tenancy agreement it states she would put the deposit in a DPS scheme which she didnt.


Ive complained about her on here before shes a little bit mad. (Read: coming round and 5am to put bins out and randomly walking into house so we had to keep doors locked at all times).


So now the tenancy is over, she did an inspection on the 27th when I was there, and in front of 4 witnesses said everything was fine, everything was wonderfully clean and asked for my bank details to return deposit.

This did not happen. I contacted her and asked her what was going on. She said she needed to make some deductions but didnt know how much yet because she hadnt finished doing all the work. When I pressed her she produced this list by email.

Hi Danielle, I have not managed to clean the whole house yet because there is so much to do.

The bathroom is fine.

SMall bedroom / when I moved the bed there is oil on the carpet and also some a blue stain, which you did not mention. I have arranged to get the carpet cleaned 15 May and it shouldnt cost any more than 45pounds.
I have asked for pictures but she has not replied as I rented a carpet cleaner and cleaned ALL the carpets

The curtain rail also needs fixed to the wall.
It was attached to wall when I left and has never fell off in the year I lived there why would it fall off now??

Front bedroom, I have had to remove the border, not sure what you have done but there are peices misssing all around it.
All the wallpaper in the front bedroom is peeling / rotting because of rising damp which is visible on all walls. I advised her of this on regular basis through tenancy, and we made a point of it when we moved in

The curtain also needs to be fixed to the wall.
Again, it was up when we left??? With Curtains!! And if you drive past the curtains have always been up!

Hall / bottom step has a large oily patch and the small hall was not cleaned.
Actuslly there are oil marks all around the house.
Oil??? Again asked for pictures, not provided

Lounge / is not too bad.

I have has to paint the conservatory which has marks on the walls.
Read: rising damp. all the marks are black mould.

Kitchen I have not tackled yet, but the light needs repaired.
Bathroom piping burst over winter and flooded kitchen, all the kitchen lights fell out of the ceiling and kitchen was nearly foot under water. She knew about this and had someone come and re-fit the broken lights. Dont see why I should pay

The cooker and fridge need cleaned but I have not checked it yet the rest of it yet.
My parents actually cleaned these for me, because I cant bend to well being heavily pregnant and they were spotless. Cleaner than when I moved in seeing as I had to buy new oven racks the old ones were so manky

I'msorry it is taking me longer than usual,

There was alot of wood left lyin ariound and in the shed which I have disposed of.
Wood from when she had the fence replaced. "Christine do you want me to take that to the tip for you when I go tomorrow, nah its fine love"

I think it will be a couple of weeks before I can assess the cost, hope you are feeling OK with the baby.

I have an odd job man who will fix the curtain rails at a low cost but the light I will have to get an electrician.


Seeing as she was being such an !!!!, I respectfully sent her a request for details of the DPS scheme, as well as Gas Safety Certs which I know she doesnt have.
She has not responded.

Just wondering what I should do now. Should I send the same again, in a letter with recorded delivery? And then issue small claims? How do I even go about doing this?

Caveat_Mortgagor

Sounds like your landlord is in big trouble - deposits must be protected within 30 days. Additionally, the LL must advise you which scheme the deposit is protected with, and furthermore she should have advised you what to do / who to contact in the event of a dispute over your deposit.

Failure to carry out any of those 3 responsibilities (sounds like yours has ignored all 3!) means they are liable to pay you a fine.

In short, you can take landlord to court for refund of your deposit (minus any fair deductions), plus a fine (payable to you) of between 1-3 times your deposit.

The law changed April 2012, do a google search on "localism act landlord not protected deposit" and you will find lots of info.

I suggest once you have done your research you send a strongly worded letter outlining her breach of duty and potential liability (LL will also be automatically liable for your legal costs)

You might find she wants to settle rather than face a significant fine and court costs. Its then up to you and your righteous anger to make a decision whether to accept or go to court.

Good luck!

quailpower

Caveat_Mortgagor wrote: »

Sounds like your landlord is in big trouble - deposits must be protected within 30 days. Additionally, the LL must advise you which scheme the deposit is protected with, and furthermore she should have advised you what to do / who to contact in the event of a dispute over your deposit.

Failure to carry out any of those 3 responsibilities (sounds like yours has ignored all 3!) means they are liable to pay you a fine.

In short, you can take landlord to court for refund of your deposit (minus any fair deductions), plus a fine (payable to you) of between 1-3 times your deposit.

The law changed April 2012, do a google search on "localism act landlord not protected deposit" and you will find lots of info.

I suggest once you have done your research you send a strongly worded letter outlining her breach of duty and potential liability (LL will also be automatically liable for your legal costs)

You might find she wants to settle rather than face a significant fine and court costs. Its then up to you and your righteous anger to make a decision whether to accept or go to court.

Good luck!

Id much rather she settle than go to small claims at the moment!

When I asked her for the details of the DPS scheme she has used, I attached this information https://www.gov.uk/tenancy-deposit-protection/overview So I assume she is already aware that she is shagged. It also states on the Tenancy agreement the importance of the DPS.

Ive never taken anything to court before so I have no idea what to do! Is there a form or something?

DRP

quailpower wrote: »

snip//

Seeing as she was being such an !!!!, I respectfully sent her a request for details of the DPS scheme, as well as Gas Safety Certs which I know she doesnt have.
She has not responded.

Just wondering what I should do now. Should I send the same again, in a letter with recorded delivery? And then issue small claims? How do I even go about doing this?

I would have thought the gas cert is irrelevant now you have moved out (unless you use this evdience in court to demonstrate how crap she is), but I would ask for your deposit in full within 10 working days, less the amount you are not quibbling over (if any).

The usual advice it to send a letter 'NOTICE BEFORE ACTION' and get the free proof of sending (receipt). Don't use recorded as she could refuse to accept it.

I would remind her that if your deposit isn't registered or wasn't registered within 30 days of your tenancy beginning then you will be claiming it back via the courts (and perhaps up to 3 times the deposit will be awarded by the court) if you don't hear from her promptly...

quailpower

Ill get the Notice Before Action typed up today - there is a good template on the shelter website.

*Sigh* I just wish she could be sensible. Really I don't need this stress when I'm skint and pregnant lol