Landlord Deposit Return issue

matski

Hey Guys,

Wondering if someone could help advise me on this.
I lived in a fairly large studio apartment outside of Croydon for almost a year. I am moving out now for a bigger place.
I left a £750 deposit, my Landlord kept hold of this as opposed to the agency...she seems to think that's fine as the agency isn't managing the property or anything.
I cleaned the apartment but I wasn't able to totally de-weed the paved over garden, I would say its a good half days job and I hold my hands up to that. My contract did say I should keep it well maintained.
Not long before moving out, the outside drain overflowed and part of the garden became caked in sewage and whatnot, I feel that that part of the garden shouldnt totally be my responsibility because even though its been cleared away, some of the weeds were still covered in the dried sewage and it was all still between the cracks.
She is claiming its going to cost £100 and is sort of ignoring my suggestion she covers at-least 30% of that because I don't feel I should have been expected to clean that.

Does anyone have any suggestions on whether I am correct to claim that? The landlord has generally be very fare throughout the contract otherwise.

Thanks,
Matski.

Tyler_Du

You need to find out if the deposit was held in an official scheme, if not your position is much stronger

Guest101

Its fine for her to keep it, if she's registered it in a deposit protection sccheme.

Your first move should be to check all the schemes (there's 5, google it) and check if your deposit is there.

You should also have received the terms and conditions, and details of the deposit, with-in 30 days of paying it.

If this hasnt happened, let us know and we'll help you get it back

matski

She admitted to me on the phone just now that she doesn't even have the deposit ready until Friday when I meet with her at the Agency. She seemed to think it doesn't have to go into any scheme.
My contract did describe that the garden must be maintained so surely that would cover why she wants to take the money?

pmlindyloo

The point being made is that the landlord has to protect your deposit and send you the prescribed information by law.

if she hasn't done this then you can take her to court and sue her for up to 3 times the deposit.

You would not necessarily have to do this just the threat of doing so should make her return your deposit in full.

So check out the schemes first.

pmlindyloo

Link for you:

https://www.gov.uk/deposit-protection-schemes-and-landlords/overview

Guest101

matski wrote: »

She admitted to me on the phone just now that she doesn't even have the deposit ready until Friday when I meet with her at the Agency. She seemed to think it doesn't have to go into any scheme.
My contract did describe that the garden must be maintained so surely that would cover why she wants to take the money?

She's wrong, the link by pmlindyloo is good.

You must g et your full deposit back, or threaten her with court action

matski

Thank you everyone! I am so glad I came on here to ask.

I am going to double check my documents when I get home tonight. I definitely received no separate information about the deposit being put into one of these schemes, so I will check to see if its in the tenancy agreement. If not I will demand for my full deposit back and leave it at that I think.

Cheers,
Matski.

matski

Can i just ask, if I did threaten legal action and the landlord decided to still drag their heels how much would it cost to proceed with the legalities? what would the process be?

Thanks again!

Kayalana99

matski wrote: »

Can i just ask, if I did threaten legal action and the landlord decided to still drag their heels how much would it cost to proceed with the legalities? what would the process be?

Thanks again!

You don't sound conifident its not protected so double check this even if it means ringing up all the 5 numbers.

As for how much it would cost - she would have to pay this when you win (not sure of how much upfront ) but you can sue for up to three times your deposit so you'd probally get more then £750 anyway.

BitterAndTwisted

To issue proceedings solely for the return of your £750 deposit via small claims would probably cost you about £50. Before you do such a thing you will need to write a "Letter Before Action" warning the landlord that you intend to commence proceedings giving them say 14 days to return your money in full.

Going for 3-times the deposit as penalty for non-protection won't go via the small claims but county court and the cost can be up to a grand. However if the court finds in your favour your costs will be awarded against the landlord.

It all depends on how vengeful you feel and whether you could afford the up-front costs in going for the penalty. Note: three times the deposit as penalty for non-protection is discretionary, so that amount isn't guaranteed to be awarded to you.