Really upset, Ex LL refusing to return deposit

Viberduo

This is in Scotland

Minor history of events, moved in to a flat which had dirt under bed and old letters, bank statements, wages slipts, paint pots in old boiler cupboard, a large suitcase, old sheets, old curtains, old curtain rail, old broken fire alarm, cracked toilet seat in bathroom(which I had to glue together) under bead was even smelly underwear.

The furniture was at least 15 years old going by 2 neighbours who moved in 15 years ago and said they make friends with the people who lived in flat over the years and it was the same furniture 15 years ago as now.

The 2nd usage of the washing machine the hinge snapped off and I told LL for months as did social worker, and 2 support workers from 2 companies and kept getting fobbed off, the blinds were damaged when I moved in to the point of the individual parts being different lengths, the ancient kettle was leaking so I had to buy a new one, under the sink was many things like paintbrushes and diy stuff. the doors had holes in them so I covered them up with posters.

I got place through a charity who took photos before I moved in and I took photos of it spotless when I moved out, a month on from handing keys back LL still has not got back to me so I got shelter involved and he wrote back saying I trashed the property to the point I KICKED off the washing machine door(why would I do that/) I RIPPED off the blinds, I damaged a sofa despite since day 1 using my own armchairs I brought from previous property and it was used about 10 times in 18 months when I had guests round for the day. he claims like £10 arrears in the electric meter well duh its been empty for a month and was in debt when I moved in

Also he claims that since I moved in Feb 2013 that he didnt need to protect deposit!, he also claims he had to chuck out ALL the furniture in the property and pay a company to do so despite the bed being sunken when I moved in(problem with springs) the sideboards in kitchen not even attached to the wall, the washing machine at least 10 if not 15 years or more old, the blinds jammed when I moved in etc.

Just want to rant a little, get a little support etc.

Voyager2002

A right charmer of a landlord...

the regulations about protecting your deposit actually came into force in 2011 (the day after the law was passed), so I suggest you ask Shelter to guide you through the legal process. It is probable that the Sheriff will order the landlord to pay you a sum of up to three times the amount of the deposit.

TBagpuss

What Voyager said. The land lord is plain wring if he thinks he dod not have to protect your deposit. Were his comments that he didn;t have to protect it made in writing?

As you have before and after photos it would seem that even if the landlord had taken the proper steps to protect your deposit you would be in a very strong position to get it back.

This http://www.scotland.gov.uk/Topics/Built-Environment/Housing/privaterent/landlords/tenancy-deposit-schemes has details of the rules and of the approved schemes - I would double check with each scheme that your deposit is not protected with them - it seems very unlikely that it is, but it never hurts to check. (also stops him claiming that you are uncontactable and requesting the deposit be paid to him!)

I hope you are in a better place, with a more professional landlord, now.

Viberduo

The only damage he can claim is the kitchen cutlery drawer was held on with 2 plastic clips and one time I opened it and they both popped off and couldnt get them back on, but plastic clips(not even screws) would could under a quid each since the actual drawer and the part it clips onto are undamaged.

Also I do not have a meter reading when I moved out as I just phoned company to say I was moving out(and besides when a new tenant moves in any debt is wiped)

And yes he admitted it by email that he did not protect the email and worded it in such a way that we were attacking him mentioning stuff like he got deposit on X date and kept it since then claiming that the 3 deposit schemes have not fully been set up for use for landlords, he then says that he does not dispute a deposit was paid(we never said that)

And yes I phoned all 3 schemes last week who confirm its not protected.

Luckily at new place its unfurnished apart from a fridge and washing machine left by previous tenant that landlord says is not on the inventory because they have had problems before but at same time if either breaks its up to me to remove them.

scottishblondie

You LL is clearly trying it on. Regardless of any damage done he is breaking the law by failing to protect your deposit. All deposits had to be protected by the 15th of May 2013, it doesn't matter when the tenancy began.

Have a look at the information on the Shelter Scotland website, it will tell you what your rights are. If you're not confident dealing with this on your own call the helpline and get some advice.