Deposit Return Uncertainty

Cody

Hello;

I have recently moved out of a rental property, where my family lived for 5 years. We were given an S21 and moved out 5 weeks after the landlords prefered date.

The deposit is registered with the TDS (I have the certificate, all is in order). I had thought this meant they held the funds, but in recent correspondance, I have learnt they are just an insurance company. Can anybody explain how this works?, I expected the scheme to decide on the amount to give back to me, and tol release the funds.

The house was left in good, clean condition, but after 5 years, with 2 small kids, there is wear and tear, but which I know can be argued either way if it is actual wear and tear or actual damage, I expect.

I am now waiting for the LL to tell me how much deposit she will be returning, today apparently (we communicate via the letting agent) she visited the flat with the original inventory company, that did the check in inventory. We moved out on the 5th October.

If I feel she is being unfair in the amount, what should I do?

One thing, the house was inspected every 6 months by the letting agent, and all was fine. Therefore if the LL picks out a blemish or supposed damage, would I be able to argue that the house had been inspected twice a year with no comment?

thank you in advance

Cody

ValHaller

Easier for the forum to respond to your situation as and when you know what if anything the LL wants from your deposit. Meanwhile, plenty of threads on the question of return of deposit for you to get a feel for it, if you search the forum

[Deleted User]

You dispute with the deposit protection company, deposits will only be released if both parties are in agreement and if one party refuses then the deposit protection people will make a decision using the evidence presented. If she is suggesting a deduction for £200 because of carpet damage (for example) and you dispute this, she will have to prove that you damaged the carpet and that the price is reasonable.

Was there an inventory performed (and signed by you) when the tenancy started? That is an important factor. The fact that a check out inventory was not done until long after you left also leans in your favour, as the damage could have happened in the time you were not there.

Cody

I believe I did sign an inventory, I do have a copy, but not one I signed, I expect the LA has the signed copy.

I do not understand how the TDS works anymore, since they do not hold the deposit, but only insure it? Would the deposit therefore be being held in an account that will not allow it to be released by just the landlord, but requires a TDS approval to release?

silvercar

Cody wrote: »

I believe I did sign an inventory, I do have a copy, but not one I signed, I expect the LA has the signed copy.

I do not understand how the TDS works anymore, since they do not hold the deposit, but only insure it? Would the deposit therefore be being held in an account that will not allow it to be released by just the landlord, but requires a TDS approval to release?

If the landlord and tenant agree on the amount of deposit to be returned, the agreed amount is returned to the tenant.

If the landlord and tenant fail to agree on the amount then the disputed amount is required to be passed to the TDS by the landlord. The TDS then decides through their dispute process on the amount to be returned to the tenant and returns it, passing any amount that has been disputed and decided in the landlords favour back to the landlord. The "Insurance" part of the scheme provides to pay the tenant the amount agreed should the landlord not return it.

This is my understanding from what I read initially.

Cody

Well, its been 2 1/2 weeks since we moved out and no letter yet with her deductions, should I be worried? May contact the letting agent tomorrow.

Cody

Hello;

So, have recieved a checkout report (done in our absence) and have some questions / thoughts.

• We moved out on the 5th, the checkout report was carried out on the 15th.
• The checkout report was conducted during the flat being occupied by builders, in photos there are builders materials in many places. But, she is intending on deducting cleaning costs.
• The bathroom had been replaced a year ago, and since then a floortile has cracked, due to the tile being poorly laid on 'wobbly' floorboards, but the LL is expecting us to pay for its replacement. Apparently there are also cracks on the sink and toilet, which we did not see when we were there.
• The oven and fridge were cleaned thoroughly before leaving, but the report says they are dirty.
• The house was inspected by the letting agent every 6 months

Any thoughts?, I think that the fact

Report took 10 days to be done
House is full of builders

May help in our arguments, but then maybe not.

many thanks

Cody

Kazzaroo

Cody wrote: »

Hello;

So, have recieved a checkout report (done in our absence) and have some questions / thoughts.

• The checkout report was conducted during the flat being occupied by builders, in photos there are builders materials in many places. But, she is intending on deducting cleaning costs. - The onus is on her to prove YOU caused the damage while you were living there,the fact there is building materials in the photos helps your case as you can argue that you left the property clean,tidy etc and should they have done the checkout inventory earlier they could have seen this
  
• The bathroom had been replaced a year ago, and since then a floortile has cracked, due to the tile being poorly laid on 'wobbly' floorboards, but the LL is expecting us to pay for its replacement. Apparently there are also cracks on the sink and toilet, which we did not see when we were there. - Could have been caused by builders,your word vs theirs
• The oven and fridge were cleaned thoroughly before leaving, but the report says they are dirty. - Everyone has a different definition of "clean" some LL expect to see a fridge in "new" condition so deem anything else as "dirty" others expect wear and tear
• The house was inspected by the letting agent every 6 months - any paperwork to back this up ?

Any thoughts?, I think that the fact

Report took 10 days to be done - too long in my opinion
House is full of builders - works in your favour


Cody

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G_M

Wait till you hear what deductions are proposed; how much and for exactly what. Then you can get advice.

But as advised in your other thread, (why 2 threads?) contact the scheme.

Cody

Hello;

The other thread had a specific question about not hearing about deposit, this thread was about the tds scheme machinations and the actual deductions, didnt want to get them mixed up. However, have heard now so back to one thread (this one).

Maybe due to being a scout as a child I'm keen to be prepared and know what likely to expect, before things happen, thus trying to understand what the possibilities are in advance.

Will wait to hear what the LL expects to have deducted, and will then update. Have to say I am not optimistic this will be a painless process.

thanks everyone

Cody

Cody

Hi;

Its now been 1 month since I moved out and nothing from LL. The letting agent said she is getting work done to the house to 'fix' things we damaged, and is waiting for the reciepts.

Am I able to lodge a dispute with the tds before I am told by the LL what deductions they intend to make?

Cody