Tenancy Deposit Question

Guest101

fallin123 wrote: »

The LL claimed the whole house needed repainted as its decorative state was in a "far worse" condition than when we moved in, it wasn't. If she's renting the property out for the same level of rent as we paid how can she demonstrate a loss?

OK

1: how long were you there? - this could be relevant.

2: was there an inventory at the begining of the tenancy? photos? signed by both parties?

3: far worse condition, does not mean damaged, it could be reasonable wear and tear. Any specifics?

4: arguable the rent she's charging now could be below the market rate, because of the damage. Equally, if she repainted before you moved in, and there is damage, she has lost out on a number of years of use.

5: did you actually cause any damage? be honest

fallin123

Guest101 wrote: »

OK

1: how long were you there? - this could be relevant.

2: was there an inventory at the begining of the tenancy? photos? signed by both parties?

3: far worse condition, does not mean damaged, it could be reasonable wear and tear. Any specifics?

4: arguable the rent she's charging now could be below the market rate, because of the damage. Equally, if she repainted before you moved in, and there is damage, she has lost out on a number of years of use.

5: did you actually cause any damage? be honest

We've already submitted our evidence to for adjudication so the first couple are relevant. There was no specific damage mentioned, and to be completely honest the walls were in the same condition as they were when we moved in. The house hadn't been decorated in several years and wasn't in great condition when we moved in, as had been noted in the inventory. It's mostly annoying because I feel her claim for the deposit is merely vexatious.

Pixie5740

It quite possibly is vexatious (good Scrabble word) and if she doesn't have the evidence to back up her deductions then you'll get your money back. I'd be interested to hear the outcome of the adjudication when it comes if you don't mind.

My tenancy is ending at the end of this month and I'm thinking about running a sweep on the proposed deduction. Then again maybe I'll get a nice surprise and get my full deposit back without any shenanigans. Place bets now!

Guest101

Pixie5740 wrote: »

It quite possibly is vexatious (good Scrabble word) and if she doesn't have the evidence to back up her deductions then you'll get your money back. I'd be interested to hear the outcome of the adjudication when it comes if you don't mind.

My tenancy is ending at the end of this month and I'm thinking about running a sweep on the proposed deduction. Then again maybe I'll get a nice surprise and get my full deposit back without any shenanigans. Place bets now!

My last deposit took 3 months to get back.

Reason: the LL didnt like me leaving with less than one months notice at end of fixed term. This wasnt intentional, rather sitational, and i still gave 2 weeks.

So she argued notice. I said it wasnt required, and wasnt even mentioned in the tenancy agreement (not enforceable anyway, but just to prove the point).

She said it was a verbal agreement. I chuckled.

Then she started making claims about damages. I said present me with an inventory and a check out report. - had neither. (there was no damage)

Then she claimed that i was being aggressive and harassing her?! and she was going to call the police.

Then she said if i refused ADR she would take me to court.

Then she went silent. Didnt reply to the DPS at all.

I followed the single claim process and it took around 3 months to get back.

Absolute joke (and a grade A....... for an ex landlady!)

in other words, good luck!

jjlandlord

Guest101 wrote: »

Absolute joke.

Not if you consider the alternative, i.e. absence of deposit protection:

Your landlord would have just kept the deposit and you would have had to sue then enforce the judgement to get it back.

It would have taken longer than 3 months, with an uncertain results and upfront costs.

Guest101

jjlandlord wrote: »

Not if you consider the alternative, i.e. absence of deposit protection:

Your landlord would have just kept the deposit and you would have had to sue then enforce the judgement to get it back.

It would have taken longer than 3 months, with an uncertain results and upfront costs.

Very true.

although those costs might've also been awarded to the LL. Which would have atleast been some form of 'punishment' for such vexatious behaviour.

Whilst in this instance it was just a free way to cause inconvenience.