Landlord not returning deposit

Greenbumfluff

Hi all, sorry if I have posted in wrong place but it's my first post.
We moved out of a rented house after 7.5 years on the 1stNovember. There were a couple of bits needed doing like a door handle replacing and a few cracked floor tiles- nothing else was mentioned at our checking out appointment. The letting agent said he would contact us re amount of deposit to be returned within a couple of days- despite several texts and voicemails we have only received vague replies is "had work done am just waiting for costings- will let you know in a couple of days" (that was two weeks ago).
The deposit is protected and we contacted the DPS to say we had moved out- they had yet to hear anything from or agent either.
I am getting concerned as it states that tenant and landlord must apply before 28 days (Friday) with specified amount.
Since the letting agent has yet to contact them what do I do? Do I simply apply for it all back? Also what happens if the landlord doesn't contact them? Where does the money go?
I a annoyed that in 7 and a half years they did nothing to maintain the house- we lived with a badly damaged ceiling and damp in 2 bedrooms- ruining 2 beds- he kept promising to fix it and never did. The double glazing had blown and was full of water 3/4 way up the window before he fixes it after 6 years of asking him. We have given him nearly £50,000 over our tenancy - and now he is holding our deposit and refusing to contact us.
Legally, what can I do if he hasn't let us know by Friday- which is 28 days after tenancy ends as we paid rent even after we had moved out- allowing workmen to fix tiles so minimising loss of rent.

[Deleted User]

Just apply for all of the deposit money to be returned. The LL will then get a chance to argue why/if deductions should be made.

I do hope you took lots of photos before leaving and have a signed copy of the check out report. It will make arguing against any deductions the LL wants to make a lot easier.

But as you lived there 7 odd years, any money they can take should be minimal otherwise you can argue 'betterment'.

G_M

* Deposits: payment, protection and return

Greenbumfluff

We didn't sign an inventary on leaving as he didn't bring it with him I took photos of every room inc faults he was supposed to have fixed during out tenancy

specialboy

After 7 1/2 years you have to expect some wear and tear so I would be asking for my full deposit back.

Guest101

After 7.5 years, even if you trashed the place you'dowe very very little. The effective life of the property was used up.

Just apply today for the full amount.

Greenbumfluff

I just want our money back ASAP. It's our Christmas money and we are relying on it. Scared that if we apply for it all then it will put it into dispute which can take months. It's £525 but I think £425 would be fair to cover the floor tiles minus fair wear and tear.

mrginge

Guest101 wrote: »

After 7.5 years, even if you trashed the place you'dowe very very little. The effective life of the property was used up.

Just apply today for the full amount.

This is useful information.

Can you confirm how long you have to rent somewhere before you are allowed to trash it?

Guest101

mrginge wrote: »

This is useful information.

Can you confirm how long you have to rent somewhere before you are allowed to trash it?

I’m not suggesting that the tenant is ‘allowed’ to trash property. I’m saying that it has a lifespan, if that is used up then it makes no difference if the property is trashed or not, there is no value left in it.

For example:

Let’s say carpets were fitted 3 years prior to the tenant moving in, tenant lives there 7.5 years, effective life of the carpet is 10 years. The LL has therefore had his use of the carpet. He cannot charge the tenant for it because there is no value left.

The lifespan will vary depending on quality and type of item, however that is for the LL to prove.

Typical representations suggest painted walls should be repainted every 5 years or so (therefore the tenant could not be charged)

White goods typically last about 10 years, so if brand new when the tenant moved in, the tenant would owe only 25% of a like for like replacement.



I’m not advocating trashing anything, I’m explaining that it’s irrelevant HOW the damage was caused, only the value of the item(s)

Greenbumfluff

Carpets needed replacing but they were builder quality and 10 years old, cream, plus we have three children so is more wear and tear.
The house also needed redecoration but as it hadn't been done in ten years that isn't our responsibility
There was a blind in our sons room which was destroyed by damp- which he is trying to get us to replace- despite him acknowledging there was a damp problem which he had people quote to sort but never got round to it.
We had to remove the door handles to two built in cupboards as after months of reporting that they were faulty after we moved in- my 2 year old locked himself in the airing cupboard- he wanted us to replace these and u refused as they were reported as unsafe to begin with.
I am happy to pay toward cost of replacing the cheap black floor tiles which I cracked and the seal around the oven door which i snapped when cleaning it just before we moved- he has had this work done and was meant to give us costings so we know how much to claim back- he has yet to do this and 28 day window to claim back is onfriday. He isn't replying to phone calls or messages

Guest101

Greenbumfluff wrote: »

Carpets needed replacing but they were builder quality and 10 years old, cream, plus we have three children so is more wear and tear. - It's over 10 years old and cheap. It's worthless. You owe 0% of £0
The house also needed redecoration but as it hadn't been done in ten years that isn't our responsibility - Correct.
There was a blind in our sons room which was destroyed by damp- which he is trying to get us to replace- despite him acknowledging there was a damp problem which he had people quote to sort but never got round to it. - Did you report in writing?
We had to remove the door handles to two built in cupboards as after months of reporting that they were faulty after we moved in- my 2 year old locked himself in the airing cupboard- he wanted us to replace these and u refused as they were reported as unsafe to begin with. - You should've replaced them when you were leaving.
I am happy to pay toward cost of replacing the cheap black floor tiles (after 7.5 years you can only owe a fraction of the replacement cost) which I cracked and the seal around the oven door which i snapped (after 7.5 years you can only owe a fraction of the replacement cost) when cleaning it just before we moved- he has had this work done and was meant to give us costings so we know how much to claim back- he has yet to do this and 28 day window to claim back is onfriday. He isn't replying to phone calls or messages

As I've said (and don't plan on repeating) you need to contact the scheme