Obtaining back a deposit (TDS protected)

fill0000

Hi,

I moved into a flat last year. No inventory, meter readings or official handover was given.

12 working days after moving out of the property, I emailed the landlord to enquire about my bond (as tenancy agreement states Landlord must tell the tenant within 10 working days*) if deductions are to be made.

He has come back 3 days after that email and stated that the "newly supplied mattress has a blood stain on it", I have a picture of the condition of the mattress upon leaving, but it's not 360 photographic evidence, just the top of it.

I was living in the flat for 15 months, the electricity was meant to be charged by the landlord however not once did I receive a bill or request for payment or even a meter reading. I still have not heard of any bill or deduction based on my electricity usage but that is also part of my next question.

Seeing as there was no handover meter reading, or exit meter reading, what would be considered fair handling of my bond in this case? I assume from the lack of information I have had in the tenancy that he could make up any arbitrary figure in order to consume the rest of my bond.

I have failed to get a reading before or after moving in due to the location of the meter (about 9 feet off the ground, and not possible to be viewed unless you are tall or use step ladders.)

I'm not wanting to get out of bills, just want to be treated fairly.

Thank you,
Fill

G_M

So did you leave a blood stain on the mattress or not? If the mattress was new, and there is now a bloodstain, then it seems likely you are responsible. Lack of an inventory will not help with this if he has a dated receipt for the mattress.

The LL cannot claim the full cost of a new matress - that would be 'betterment' since he'd get a brand new one in place of a one year old one. I guess a mattress should last (10?) years, so he can claim 9/10ths of the cost.

or the cleaning cost.

Clearly the LL can charge you for electricity if that's what the tenancy agreement says. You should have read the meter. Sorry, the location is no excuse. It's not hard to stand on a chair. For £3 you can even get a mirror with a light on a stick like the meter men use. I just bought my dad one.

Without your own readings I don't see how you can argue against whatever readings the LL produces if/when he bills you.

LplateSaver

G_M wrote: »

So did you leave a blood stain on the mattress or not? If the mattress was new, and there is now a bloodstain, then it seems likely you are responsible. Lack of an inventory will not help with this if he has a dated receipt for the mattress.

The LL cannot claim the full cost of a new matress - that would be 'betterment' since he'd get a brand new one in place of a one year old one. I guess a mattress should last (10?) years, so he can claim 9/10ths of the cost.

or the cleaning cost.

Clearly the LL can charge you for electricity if that's what the tenancy agreement says. You should have read the meter. Sorry, the location is no excuse. It's not hard to stand on a chair. For £3 you can even get a mirror with a light on a stick like the meter men use. I just bought my dad one.

Without your own readings I don't see how you can argue against whatever readings the LL produces if/when he bills you.

What about the "10 working days" in the tenancy? I'm just curious..

G_M

LplateSaver wrote: »

What about the "10 working days" in the tenancy? I'm just curious..

The tenant could claim damages for breach of contract if the deposit is returned later than the tenancy specified.

Suppose the deposit to be returned, after deductions, is £500.
Suppose the interest rate that could be earned on the money is 0.5%
So the tenant has lost £500 x 0.5% = £2.50 pa.
Which is £2.50/365 = £0.0068p per day.

So if the deposit is paid, say 7 days late, the tenant could claim an extra £0.0068 x 7 = £0.47p.

jjlandlord

It seems that the clause does not state that the landlord must return the deposit within 10 working days, but rather that he must tell of any proposed deductions during that period.

I have always been wondering if such clause means that the landlord forfeits the possibility of making deposit deductions he does not propose any deduction during those 10 days.

fill0000

Thanks for the reply, very grateful.

I very much doubt there was any blood stains, but all I have to go off now is a very grainy photographs.

Seeing as the place was cleaned immaculately I would have to disagree.
Would the LL be in his rights to produce the bill at this point and deduct the full amount? just a bit confused by the lack of bills, maybe it's his way to leave it until the very last minute and just take it from the bond. Makes sense if you're not a fan of sticking to meter readings or paperwork I assume.

[Deleted User]

If you claim back your deposit from TDS, you'll soon find out what he's claiming money is owed for and if he has photographic evidence better than yours. If you do have to pay something for the mattress, really it should just be a quick half hour clean (I've steamed quite bad stains off mattresses before now).