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Moving out of rented property how much would should I do?

I have been in my house since February 2013 with endless problems, damp has caused the paint on every downstairs wall to come off, I have painted over it and again the same has happened.

I am moving out on Monday and the landlord has just advised me she wants it all painting white before I leave as it was freshly painted when I moved in (over 2 years ago!)

I sent letter before action about the damp (only 1 of the problems iv had here) and the work wasn't done so I handed notice in.

Landlord has gone back on her word several times and is refusing to release deposit, at first just said she wants the oven cleaning and today saying she wants the whole house painting.

I have explained when I paint the paint just peels off due to the damp (I have done it about 4 times!) but she doesn't care she just wants someone else in!

Do I have to do it?

Also I phoned the 3 deposit schemes and all 3 don't have my deposit?


Where do I stand?
«1

Comments

  • jbainbridge
    jbainbridge Posts: 2,034 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    Is there an inventory from when you moved in?

    Have you asked your landlord where the deposit is?
  • LolStevo
    LolStevo Posts: 548 Forumite
    Inventory? I'm not sure I just got my keys off someone and the agreement through the post?

    Yeah I asked the agency and they said it was in DPS but I phoned them and they have nothing?
  • PasturesNew
    PasturesNew Posts: 70,698 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    No inventory = she can't prove what it was like when you moved in.
    No deposit = you have her by the goolies.
  • LolStevo
    LolStevo Posts: 548 Forumite
    No inventory = she can't prove what it was like when you moved in.
    No deposit = you have her by the goolies.

    She is saying she wants it all white as it was freshly painted when I moved in, she came round Thursday said it was ok and has now told me it's in a state! It's in a state because of the damp!!!

    Should I paint it just cheap and quick or will she not be able to keep my deposit because it's not in a scheme?
  • pmlindyloo
    pmlindyloo Posts: 13,104 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Do not do anything about the painting.

    Have you evidence (email/letter) that you contacted the LL about the damp?

    Read this and follow all the links.

    http://england.shelter.org.uk/get_advice/tenancy_deposits/tenancy_deposit_protection_schemes/deposit_protection_and_tenancy_deposit_schemes
  • LolStevo
    LolStevo Posts: 548 Forumite
    Ye I have text messages from 2 years ago plus the legal letters and emails I sent to the agency a few months ago?
  • LolStevo
    LolStevo Posts: 548 Forumite
    All my texts have gone �� iv only got the letter I sent to the agency
  • pmlindyloo
    pmlindyloo Posts: 13,104 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    So follow the link and find out if your deposit is protected or not.

    If it isn't then continue with the link and send the letter before action letter.

    If it is protected then follow the directions on the deposit protection website for raising a dispute.

    Without an inventory your LL has little chance of deducting anything from your deposit especially if you have letters about reporting the damp.

    Take some photographs before you leave to show the state of the place.

    If the deposit isn't protected then you can claim up to 3 times the deposit in court. Often the threat of court action ensures the deposit is returned pretty quickly. Whether you then want to go to court is up to you.
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    * Deposits: payment, protection and return
  • LolStevo
    LolStevo Posts: 548 Forumite
    I have no receipt for the deposit I paid cash the day I got the keys
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