Trying to get deposit back

shardi2209

Hello, need some advice about my deposit. I moved out of my flat on 30/6, landlord came to do meter readings and get the keys. I was under the impression that it was to do the checkout inventory but after he got there he said his partner would do it the next day (which is when the new tenants moved in). I couldn't attend as no longer lived there and had to work.
He had a quick look round but didn't say much but said I would get the report the week after. I didn't hear anything for 13 days so gave up waiting and put in a joint claim to DPS assuming I'd get my full deposit back as I left the place very clean (my mum did a lot of it and it is cleaner than if a professional did it-she used a toothbrush on skirting boards!), no damage and I lived there for 3 years.
This then led to him texting me to say that there were differences to the inventory. Which he claimed not to have when he came to get the keys and I stupidly let him take photos of my copy. It wasn't signed by either of us and he had asked me to complete it and post it back to him which I did within a couple of days of moving in.
I disagree with all the things that he is claiming and have some after photos but no before ones (laptop died and I lost them).
Wondering where I stand as no signed inventory, some bits would help me as it mentions marks on walls etc but doesn't mention other things as I didn't notice them at the time such as water damage to kitchen unit under the sink which I didn't do but also didn't mention to him as I assumed he already knew about it as it was before I moved in.
Asked him to send me the checkout inventory and a full breakdown in costs but he hasn't sent them even though I chased twice and is now on holiday.
He still hasn't responded to the joint claim on dps. It's now been 19 days since I moved out. Wondering if there is a time limit on how long I could have to wait? He is planning to claim some of my deposit but hasn't said how much and I am going to dispute and go to adr as I disagree with everything he is complaining about. Is there anything I can do?
Thank you.

mimiduck

If the landlord has not managed to get a signed inventory from you when you moved in this would mean you have possibly not agreed to it.

Marks on the walls etc. are wear and tear which will happen when living in the property. I know it will be difficult but please get a copy of both the check in and check out inventory and start comparing these. Tell the landlord you want a breakdown of the costs of things and do not agree of him deducting this from the deposit until he has a breakdown for you. See if it is possible for both of you to come to an agreement as to how to handle the situation.Did you rent through a private landlord or through an agency?

I think it can take a while, a month maybe more by getting your deposit back if you have raised a claim. I know it can be stressful but hang in there!

ViolaLass

If they don't have an inventory signed by you then they don't have a leg to stand on. Stop contacting them and just pursue it through DPS.

G_M

Single party claim.


* Deposits: payment, protection and return

anselld

ViolaLass wrote: »

If they don't have an inventory signed by you then they don't have a leg to stand on. Stop contacting them and just pursue it through DPS.

Incorrect. It helps if the inventory is dual signed but it is not an absolute requirement. The scheme will decide based on the evidence and balance of probabilities. A decent inventory, preferably by an independent clerk, photo evidence, receipts, etc will all be taken into account.

G_M

anselld wrote: »

Incorrect. It helps if the inventory is dual signed but it is not an absolute requirement. The scheme will decide based on the evidence and balance of probabilities. A decent inventory, preferably by an independent clerk, photo evidence, receipts, etc will all be taken into account.

as would other documentation eg dated receipts for redecoration showing the property was newly painted, or receipt for new washing machine etc.

An inventory is of course desirable, and preferably dual signed, but as anselld says, arbitrators or judges will consider all evidence that is submitted.

shardi2209

The problem with the single party claim is that I would need to find a solicitor to witness my signature, which I just don't have time to do during the hours that they work. Hopefully my work will calm down in the next couple of weeks so I am able to get it done.
The dps website says I can only do a single claim if I can't get hold of my landlord, I can but he's just not sending me the things he is supposed to or communicating with the dps.
There is an inventory but it was completed by myself so not by an independent clerk. The flat was definitely not freshly painted before I moved in so I don't think I have to worry about that too much as there is no damage to the walls just a few marks here and there but I recorded them on the inventory. The problem is not everything is on the inventory as I didn't know to add them so having it both helps and hinders.

Guest101

shardi2209 wrote: »

The problem with the single party claim is that I would need to find a solicitor to witness my signature, which I just don't have time to do during the hours that they work. Hopefully my work will calm down in the next couple of weeks so I am able to get it done.
The dps website says I can only do a single claim if I can't get hold of my landlord, I can but he's just not sending me the things he is supposed to or communicating with the dps.
There is an inventory but it was completed by myself so not by an independent clerk. The flat was definitely not freshly painted before I moved in so I don't think I have to worry about that too much as there is no damage to the walls just a few marks here and there but I recorded them on the inventory. The problem is not everything is on the inventory as I didn't know to add them so having it both helps and hinders.

It takes 5 minutes, and can be done at a magistrates court too

shardi2209

Thanks, I didn't know you could get it done at the magistrates court. That will be easier.

G_M

not sure why finding a magistrates court should be easier than a solicitors - there are far more of the latter dotted aound tan the former!

But either way - it's a five minute job and forces the LL to take action or lose any chance of making deductions.

Miss_Samantha

I want no Mickey Mouse magistrates! I want the High Court, I want a pukka brief - you know black cape, crown- topper, all the Xs, alright?