Landlord & agency problem

andycris3107

I was concerned about the contract on my new flat and decided to look into it and in the process became concerned at the actions of my old landlord who still hasn't refunded my deposit.

I realised that my previous landlord had never given me a signed copy of the tenancy agreement, I have only a copy with my signature on it. Additionally although my contract stated that my deposit would be held in a deposit protection scheme I never received anything to prove this. I understand that normally I would receive a certificate to confirm this within a certain number of days after my tenancy began.

My previous landlord had also made me pay for both check in and check out at a rate somewhat higher than the normal agency rate and has told me that it can take several weeks for the checkout report to be completed and for him to determine what discount should be applied for any damage etc. My (unsigned) contract states that he should inform me of any discrepancies within 15 days, but he has also communicated with me in a way that suggests that there would definitely be some form of damage that would need to be discounted which concerns me as I was only there for a short time and there could be no damage to report.

What is my position on this?

princeofpounds

I realised that my previous landlord had never given me a signed copy of the tenancy agreement, I have only a copy with my signature on it.

Doesn't matter - the fact you paid rent and took occupation is enough to establish the tenancy and the contract. A court is likely to assume that the tenancy agreement given to you is the one the LL intended to contract to.

Additionally although my contract stated that my deposit would be held in a deposit protection scheme I never received anything to prove this. I understand that normally I would receive a certificate to confirm this within a certain number of days after my tenancy began.

Yes, legally this is obligatory and you may have the right to sue the landlord for return of the deposit plus a 1-3x penalty for non-protection. I forget the exact legal status for ex-tenants now, sure someone will confirm it.

My previous landlord had also made me pay for both check in and check out at a rate somewhat higher than the normal agency rate

If this was not agreed in the contract or elsewhere then they cannot charge you. PS there is no 'normal' agency rate.

and has told me that it can take several weeks for the checkout report to be completed and for him to determine what discount should be applied for any damage etc. My (unsigned) contract states that he should inform me of any discrepancies within 15 days, but he has also communicated with me in a way that suggests that there would definitely be some form of damage that would need to be discounted which concerns me as I was only there for a short time and there could be no damage to report.

This is not really your problem. The deposit should be protected and the protection schemes have their own rules on the timescales for disputes (typically a couple of weeks).

What is my position on this?

Do your research, and write a letter before action requesting the deposit back in full, with the alternative threat being legal action for non-protection.

G_M

Much as prince says above

andycris3107 wrote: »

I realised that my previous landlord had never given me a signed copy of the tenancy agreement, I have only a copy with my signature on it.
More importantly, has the landlord got a copy signed by you? If yes, you have agreed to the terms within it.

Additionally although my contract stated that my deposit would be held in a deposit protection scheme I never received anything to prove this. I understand that normally I would receive a certificate to confirm this within a certain number of days after my tenancy began.
Yes. Assuming you are in England, you should have received the 'Prescribed Information' within 30 days. (see below).
Check each of the schemes yourself now to double-check if the deposit was registered (link below)

My previous landlord had also made me pay for both check in and check out
What does your tenancy agreement say?
at a rate somewhat higher than the normal agency rate
If that's the rate you agreed to in the TA, that is the rate you should pay
and has told me that it can take several weeks for the checkout report to be completed and for him to determine what discount should be applied for any damage etc. My (unsigned) contract states that he should inform me of any discrepancies within 15 days,
So chase your deposit - either directly from the LL (if it is unregistered) or via the scheme if it is registered

but he has also communicated with me in a way that suggests that there would definitely be some form of damage that would need to be discounted (deducted?) which concerns me as I was only there for a short time
Wait and see. He either will, or won't, make dedutions.
and there could be no damage to report.
Damage can be done on Day One of a tenancy. Length of time you were there is irrelevant.

What is my position on this?

Was there, or was there not any damage? Did you leave it as clean as you found it?

See also

Deposits (Rules on deposit protection)

Localism Act 2011 (section 184 - updates to deposit scheme rules) Plain English explanation!

Prescribed Information (RLA links to various deposit schemes' documentation)