Deposit withheld and extra charges on top!

grumpybee

manc2005 wrote: »

Has the deposit definitely been protected?

It apparently was when we moved in and was renewed 2 years ago although I have no details so I am unsure. I'll check it out

stator

Don't bother arguing with them, just contest the deposit.

jjlandlord

Shelly1986 wrote: »

So if there's no inventory

It's not so simple.

There might still be an inventory, and it might have been prepared by an independent clerk.
If there is such document, it still carries some weight but is open to argument since the tenant did not formally agree to its content.

grumpybee

The inventory was completed independently, well the one that was done when we left. They one completed at the start was a simple tick list completed by the landlords handyman. Both completely different and no comparisons can be drawn.

Just checked deposit scheme and it is registered.

grumpybee

Quick update - I've contacted the deposit scheme and they've asked me to raise a dispute and send any evidence - emails/photos etc I have. They will only deal with the deposit and advise that any extra charges she would have to take us to court for, they don't deal with that. Ill get onto it today, thanks for the help everyone!

fishpond

I can't help wondering why it appears that a correct check out inventory was done, yet no correct check in inventory.
Doesn't make any sense. (not to me anyway)

Also how long did you live there, as a lot of supposed damage may be now classed as fair wear and tear anyway?

grumpybee

fishpond wrote: »

I can't help wondering why it appears that a correct check out inventory was done, yet no correct check in inventory.
Doesn't make any sense. (not to me anyway)

Also how long did you live there, as a lot of supposed damage may be now classed as fair wear and tear anyway?

We moved in 2008, so 6 years in total.the landlord was acting alone when we moved in, but has since appointed an agent. I'm guessing that's why the inventory at the end was more detailed than what we had at the start? It's not making much sense to me as if a detailed inventory was done to begin with, we'd have had some comparisons to make! Hindsight is a wonderful thing though

benjus

grumpybee wrote: »

...if a detailed inventory was done to begin with, we'd have had some comparisons to make! Hindsight is a wonderful thing though

Don't worry too much - lack of a good check-in inventory works against the landlord, not against you. The LL has to justify the proposed deductions to the deposit protection company.

Were you under the same tenancy agreement for the 6 years, or have you signed new ones? Did you ever let the tenancy convert to a Statutory Periodic Tenancy, if so, when? It's worth checking if the LL complied with any legal obligations towards deposit protection and re-issuing of prescribed information during the tenancy.

6 years is a pretty long tenancy as well. Some things (such as the paintwork) would not reasonably be expected to last longer than this, so the LL cannot charge you for them.

grumpybee

We never signed a new tenancy. The initial one was for 6 months but a new one was never signed - does that mean it became periodic at that point?

fishpond

Yes, it sounds like it automatically went to a periodic.
Did you have any rent increases during the periodic?