Renting - deposit in danger!

lowely

Dear All,

I have had some very good help on here and was hoping people might be able to help a little more!

The short story being that we are due to move out after 2 years renting. Our neighbour told us that the Landlady is telling everyone that "we aren't going to get our deposit back" which has really unsettled me as we really need the money. The background is:

1. The landlady did not do an inventory.
2. The landlady did not do a 'check-in'.
3. The property was so dirty that we had to have it cleaned professionally when we moved in (I still have the receipt).
4. I emailed the landlady my cocnerns about certain aspects / damage (but missed some other bits).
5. Fopxtons registered the deposit with mydeposits but we have never recieved the certificate nor any other paper work. I'm concerned that she will take money from the deposit as they will not have our contact details....

So, I was wondering if anyone could advise me what to do? We are due to move out on July 4th and getting the landlady to respond to the requests for a check out is a nightmare!

Any help is really appreciated as I'm feeling very stressed!!!

Thanks.

L

Flashmanchop

Contact the deposit holder firstly and question why you dont have the paperwork. You should by all purposes have proof.

She doesnt sound professional not having dont an inventory.

I cannot see how ANY deductions can be made, as no one has proof of what condition the property was in when you moved in.

You need to establish the exact location of your depsoit.

No signed inventory - no deductions should be made - she may try - but by advising the depsoit holder now you are lodging you point of view.

lowely

Thanks flashmanchop!

Apparently mydeposits do not hold the deposit (it is just insurance). So, I'm pretty sure the landlady holds it and then she registers any money she wants to take and we then appeal. When I asked them abotu the certificate they said "this si for you to take up with your landlady". Foxtons said the same. Foxtons also said that if we disagree with any deductions, we have to take it up with mydeposits.

Ahhhh! Not too sure what to do!

L

[Deleted User]

The good news is that without an inventory the deposit cannot have deductions for damage or the cleanliness, if the landlady cannot prove that you have caused the problems they will not be able to withhold a penny -- unless your contract explicitly states that you have to pay for cleaning at the end of the tenancy.

If the deposit was protected but the prescribed information was not provided to you they have violated the tenancy laws meant to protect you, this means you could take the landlady to court and reclaim your deposit plus damages (up to 3x the value of the deposit).

You should contact the deposit protection company and explain the situation, ask for their guidance (they should know what to do) and go from there. The good news is that your deposit is not going to be reduced by the landlady, the bad news is it might take some time to get it back.

pmlindyloo

Failure to give the tenant the prescribed information about the Deposit Protection Scheme is liable to the same penalties as if your landlady hadn't protected the deposit.

Information here:

http://www.rla.org.uk/landlord/tenancy_deposits/tds-Documentation.shtml

I agree that without any inventory/pictures/check in, the landlady has very little chance of getting any money back.

You have 2 choices as I see if:

Write and let the landlady know that you have sought advice and realise that you have not been given the prescribed information about the Deposit Scheme and tell her the possible penalties involved. Use this as leverage - i.e.won't make a fuss if you return my deposit in full.

Or, do nothing and see if she does return your deposit. If she doesn't then follow the previous suggestion including the part about lack of inventory/check in etc. as regards going through the dispute process. Let her know that you know your rights and have the legal right to pursue matters in the small claims court.

Sop worrying - everything is in your favour.

PS Make sure anything you do is done in writing - keep copies and keep receipt of posting.

princeofpounds

Ahhhh! Not too sure what to do!

Relax first of all.

If mydeposits told you that it is registered in the scheme that's the hard part done. If it's not in the scheme, then you can sue the LL for the deposit and a 1-3x deposit penalty.

You need to write at the address for the service of notices on your AST to the LL. In that letter you need to ask for confirmation of the details of your deposit protection, as you have not received any such details.

Basically the system now works on deposits. You might have to put some energy into the arbitration system, but it's highly unlikely you will fail to get your money back.

The worst case scenario is that you have to go to court, and then the LL disappears to avoid enforcement. As she is a property-owner that's highly unlikely.

DominicJ_2

The landlord has to justify with holding the deposit
The renter does not have justify getting it back.

Without a dual signed inventory she has no justification to hold anything and if she tried a court will not side with her.