Landlord attempting to keep my deposit - Help!!

Halfway_home

I completed a check out with my letting agents last Thursday which I paid £50 for and it was agreed that the house was in great condition and there should be no problem returning my deposit. I logged on to the DPS to start claiming it back (all protected properly and within the 30 days) and my letting agents now say that the landlady went round on Saturday and is not happy at all and wants to keep my deposit.


I have asked for an explanation and what exactly she is claiming for as I have heard nothing and apparently they cannot tell me and they are waiting for an email from the landlady with an explanation.


I don't understand, my contract was with the agents, my rent was paid to them and they have signed my check out saying that everything is fine so why is my deposit not being released - can anyone give me some advice on what to do? I have already moved to another house and surrendered the keys and luckily I'm not desperate for it back but its a fairly large sum (well to me anyway) of £575 and I would like it back as soon as possible! How can I get this back?

Pixie5740

You have a contract with the landlord. The letting agency has a contract with the landlord. You and the letting agency have no contract.

It's good that you've made a claim for your deposit back. Your LL can dispute it but the onus is on her to prove you owe money for cleaning or damage.

Is there an inventory from the start of your tenancy? Was it accurate and did you sign it?

IronWolf

Do you have a signed copy of the check out inventory?
Was a check in inventory done?

For now there is not much you can do. Your aim should be to get it referred to the Dispute resolution service if the landlord is unreasonable, but both parties have to agree to it. Once there the landlord will have to provide evidence and quotes for what they are claiming for, and you will have a chance to put forward your arguments.

Once the landlord has detailed what she's claiming for then you'll have a chance to argue against it. You have to at least try to resolve it directly with the landlord. Ask the landlord for a full breakdown of the work she feels needs to be done to return the flat back to its original state.

Unfortunately it can be a lengthy process, at my last flat the LL tried to take £500 of our deposit for bs reasons like "door knob loose - £15 repair" and I went through the dispute service. Took about 2-3 months I think before they made a ruling and gave me my deposit back.

Halfway_home

Yes there is a check in inventory that has been signed, myself and the agent went through it all and agreed that it was all in the same condition apart from the oven which is now in better condition as I paid someone to clean it.


There was no check out inventory (we used the check in one and went through it) and nothing has been signed for that but I did go through and take pictures of the condition which are date stamped and have last Thursdays paper in prominent view.


I'm now convinced that this is going to be a lengthy process, she was a good landlady and I have not had any problems during the tenancy but I just can't imagine what the problem is I think that's what is weighing on my mind so much.


The house is going to be sold so I have a horrible feeling that she views my deposit as a decorating fund!

Pixie5740

Halfway_home wrote: »

The house is going to be sold so I have a horrible feeling that she views my deposit as a decorating fund!

That may well be the case....who knows? If that is the case then your deposit is most certainly not a decorating fund and hopefully the deposit protection scheme will see this and tell her to wind her neck in.

Halfway_home

Thanks Pixie, that's reassuring I certainly hope so!



Now to sit and play the waiting game - I'm far too impatient to play that for long! Is there any way to speed this up? Is there some time limit on how long she can hold out before providing her list?

Pandilex

If the landlord is stalling, file the DPS query.

It's a pain in the !!!! since you have to fill in like 6 sides of paper. Keep stuff concise and technical. Once you submit the claim it might encourage your landlord to get their !!!! in gear.

If they've already taken the money out of the DPS (it's possible for them to do this) they have to immediately pay it back for the duration of the claim.

Halfway_home

Thanks Pandilex I had no idea that they could take the money out of the DPS that's insane!


I will get straight onto filing my query with them so that if she has taken it out it will have to go back in

hazyjo

Remember to keep us informed re the outcome

Good luck. Please don't let this lie - she'll only do it again to someone else. Tenants need to put a stop to it!

Jx

dimbo61

With some of the DPS schemes the Landlord keeps the deposit in the first place IE MyDeposits

Halfway_home

Its with the Deposit Protection Service, I'm not sure what that means to be honest I think its in a government approved account?


I have spoken to the letting agents again and they now tell me that the landlady has gone off on holiday and has not emailed them - great! I apparently can't fill out a query form until its been over 14 days so just have to wait.