Retrieving Deposit

Fishcake_Random

I'm just looking to check with those in the know that I am doing the right things please. Here's my tale.

Renting a property in May 2011 no issues during tenancy, regular inspections, never late on rent, have left no bills/debts behind us.
We signed the keys back over on 10/02/14 since then we have heard nothing from the letting agents. Our deposit hasn't been returned and checking today online there are no disputes logged on it. Am I right in thinking the LA had to return it or lodge a complaint within 10 days?
I have tried contacting the LA for the past week but if they do answer the phone which is almost never they just say "the person dealing with it isn't in today". As it is now 10 days since I returned the keys can I start a dispute myself to get my deposit back? Or is it 10 working days in which case Monday 24th is the 10th day and I can dispute from Tuesday?

Just looking for someone to clarify please
Thanks in advance.
x

SerialRenter

Fishcake_Random wrote: »

can I start a dispute myself to get my deposit back?

This.

If they're being sluggish open the dispute yourself and claim for the full amount.

Fishcake_Random

Thanks for the reply.
Should I claim from now or Tuesday though? I want to give them the full 10 days before starting a dispute if I can.

x

SerialRenter

Here is what the TDS has to say on the matter.

What happens to the deposit at the end of the tenancy?
If there is no dispute about the return of the deposit at the end of the tenancy, the landlord
or agent must pay the deposit to the tenant without delay, less any deductions that the tenant has agreed.

If there is a dispute about the return of the deposit or about proposed deductions, the
parties should try to reach agreement without delay. Most disputes are resolved informally in this way. But if the deposit has not been returned to the tenant within 10 days of the tenant asking for it, any of the parties can ask TDS to resolve the dispute.

In other words, now should be fine.

After dispute is opened the other party then has 10 working days to consent to the TDS arbitrating.

Fishcake_Random

So we put our dispute in to TDS the same day as my last post, now Beals are saying they emailed us a checking out inventory which we are unable to find on either of our email addresses. When we told they read it out over the phone to us, the inventory lists a range of problems which I will detail below;

Deep Clean of property - £260
Cost of 11 specialist light bulbs - £TBC
Professional clean of curtains/carpets - £110
Replacement of carpets/curtains - £TBC
Supply and fit bathroom door lock - £20 +VAT
Removal of marine stickers/ repair paintwork - £45 +VAT
Remove child locks on kitchen cupboards - £25 +VAT
Mould treatment, repaint walls- £290 +VAT

Total amount - £826.00 (To date, further costs to be added)

Our deposit is £750 so they will be asking for a cheque to cover the rest.

It seems an odd coincidence that this has come up now we have started the dispute right? When we said we had already started a dispute, the woman who was speaking to us was quite rude and said "fine we will deal with it that way" and the phone call ended soon after.

I have a few things to add to what they are claiming for.
The light bulbs are a big issue for people in all the flats, the company that made them and the light fittings has gone bust and we cannot source them anywhere. They are not a standard size light bulb.

I don't understand why I have to pay to have a curtain and carpet cleaned if they are being replaced afterwards?

There was no lock in the bathroom on moving in, the door locks were already on the doors - tenant before us had a small child so we left it all as it was because we also had a small child.

We complained about the mould on numerous occasion, it is a very damp block of flats!


Now we did have two small children in the flat so I will agree that the carpet in the lounge needed cleaning, but I don't believe the other charges are very fair. We moved into the property 6 hours after the previous tenant left, and there has never been a moving in inventory which I'm thinking goes against our chances of disputing things?

Any thoughts please on what we should and shouldn't do next? We are still persuing the dispute, so guess we just wait for the adjudicator to get in touch with us?

x x

ConfusedofYorkshire

Fishcake_Random wrote: »

So we put our dispute in to TDS the same day as my last post, now Beals are saying they emailed us a checking out inventory which we are unable to find on either of our email addresses. When we told they read it out over the phone to us, the inventory lists a range of problems which I will detail below;

Deep Clean of property - £260
Cost of 11 specialist light bulbs - £TBC
Professional clean of curtains/carpets - £110
Replacement of carpets/curtains - £TBC
Supply and fit bathroom door lock - £20 +VAT
Removal of marine stickers/ repair paintwork - £45 +VAT
Remove child locks on kitchen cupboards - £25 +VAT
Mould treatment, repaint walls- £290 +VAT

Total amount - £826.00 (To date, further costs to be added)

Our deposit is £750 so they will be asking for a cheque to cover the rest.

It seems an odd coincidence that this has come up now we have started the dispute right? When we said we had already started a dispute, the woman who was speaking to us was quite rude and said "fine we will deal with it that way" and the phone call ended soon after.

I have a few things to add to what they are claiming for.
The light bulbs are a big issue for people in all the flats, the company that made them and the light fittings has gone bust and we cannot source them anywhere. They are not a standard size light bulb.

I don't understand why I have to pay to have a curtain and carpet cleaned if they are being replaced afterwards?

There was no lock in the bathroom on moving in, the door locks were already on the doors - tenant before us had a small child so we left it all as it was because we also had a small child.

We complained about the mould on numerous occasion, it is a very damp block of flats!


Now we did have two small children in the flat so I will agree that the carpet in the lounge needed cleaning, but I don't believe the other charges are very fair. We moved into the property 6 hours after the previous tenant left, and there has never been a moving in inventory which I'm thinking goes against our chances of disputing things?

Any thoughts please on what we should and shouldn't do next? We are still persuing the dispute, so guess we just wait for the adjudicator to get in touch with us?

x x

If there was no movig in inventory they have no way to prove that you caused any damage so, as I understand it, they have no case. They need a dual signed inventory. Unless I'm misunderstanding what you are saying.

Fishcake_Random

There is no signed inventory, we never saw one much less signed one. You don't know what a relief it is to hear it might help us.

DRP

Fishcake_Random wrote: »

There is no signed inventory, we never saw one much less signed one. You don't know what a relief it is to hear it might help us.

If I were you i would make absolutely no admissions such as in your previous post "I don't understand why I have to pay to have a curtain and carpet cleaned if they are being replaced afterwards?" and just claim the whole deposit back saying that the condition you left the place in is exactly the same as how you found it when moving in.

It sounds a bit like the agent has made a big error by not gettign the inventory sorted properly

SerialRenter

Fishcake_Random wrote: »

there has never been a moving in inventory which I'm thinking goes against our chances of disputing things?

Quite the opposite!

If they didn't bother to do a check in inventory then they'll have no way to prove to the TDS that the property wasn't received in the same state you left it in.

As you moved in so soon after the other tenants I very much doubt the LA/LL did a deep clean of the property, including washing the curtain, cleaning the carpets or painting the walls so it's unreasonable for them to claim for this if you did an acceptable clean of the property before you left.

This is the same for any fittings that were there when you started the tenancy, e.g. the child locks.

Was there any mould on the walls of the property when you started the tenancy? and in what manner did you report this issue to the Letting agents?
If you have proof of this communication that would have handy to have for the arbitration.

I'm unsure about the light bulbs, you are responsible for replacing them if they were working when you moved in. However i doubt that would be found reasonable considering replacements didn't exist. The tenant shouldn't be responsible for modernising the fitting to be able to replace the bulbs.

Fishcake_Random

The flat had a small amount of mould on moving in, but nothing excessive. We had three monthly checks, the last being just before Christmas - we moved in Feb. We would mention the mould at the these and were told to just do what we can. Nothing in writing as far as I know, though they always were writing down something on their clipboards when they did inspections, like a check sheet of some sort.

How long would I expect to wait for TDS to contact me, I've asked them to do it by phone?

dimbo61

Really you need to put everything in writing with copies and proof of posting!
But without a Move in Inventory they can claim for nothing ( Maybe the bulbs!)
Ask for your whole deposit back and admit nothing
If you moved in 6 hours after the last tenants moved out they have done nothing to clean or repair the property!
You will win if this goes to the DPS people so demand your whole deposit back and ask them to show you the check in Inventory ( duel signed )