Getting Deposit Back From a Bad Landlord - How ?

MoroFenrir

I'm moving house due to bad problems with the house (Mould , Damp , etc ) and Bad neigbours .

The landlord has been a big part in this , Not doing anything about the neighbours (who are also her tenants) and not maintaing the house .

The landlord has already lied out of spite to my new estate agents , and given me a bad reference , which luckily my new estate agents saw straight through, especially with all the proof I provided them .

Now I face the dilema, the house is in a poor state of disrepair due to her lack of maintaing it .
(Instead of fixing the source / problem of damp , she'll just plaster or paint over it etc )



I don't want to be charged for the issues in the house , that stem from the lack of repairs .

(Damp Damage , Mould , Foisty Carpets from the water , peeling paint , lights not working because the electrics are wet etc. )

My deposit is held in a secure scheme (DTT? ) and When I chased up my landlord about returning keys and getting my deposit back (as she did not respond to my initial notice to leave , other than to give me a bad reference ) she had this to say

I will meet you on the property on the 11.10.16 to hand keys back, read the meters and do the inspection for you to claim your bond back

This is no doubt going to be a very awkward experience but how do I make sure she doesn't charge me for things that aren't my fault ? And when does she have to let me know about my deposit ?

MoroFenrir

This is what happens to our furniture in the house .

anselld

Check that your deposit is protected in one of the recognised DPS schemes.
Dispute any deductions you do not agree with via the scheme.
The scheme will not support deductions for any issues caused by disrepair or for anything which cannot be supported by a check-in inventory.

MoroFenrir

I think it's in something called D.T.T but I will have to check my tenancy agreement

What about reasonable wear ? some of the carpets are a bit shoddy / worn , but they were quite old when we moved in , and we've been here for nearly 5 years

To be honest they all need redoing anyway (we replaced one bedroom ourselves ) because most of them STINK because of the damp , they always smell foisty etc .

I don't want her saying that we've worn away the carpets, and taking our money to replace them

anselld

The three scheme operators for England and Wales ae listed here ...
https://www.gov.uk/deposit-protection-schemes-and-landlords/overview

The L must make allowance for reasonable wear and tear and for the starting condition. Find out where it is first and then read the guidance from the relevant scheme.

[Deleted User]

Its helpful if you have photographs of the condition of the place when you moved in, and when you moved out to establish the condition of items. Hopefully you will also have texts or letters reporting the repair needs/mould.

You are being a bit previous though right now. Take photos when you view if you haven't already. Wait for communication from the LL as to what deductions they want to make, then go to the deposit scheme and argue your case.

If the LL hasn't protected the deposit you might be able to use this to argue for full return of your deposit as its possible to claim 1-3 times of the deposit for not protecting it.

But you do seem to be a bit woolly about things. If your deposit was protected and you were sent information about this, you should know it. You can't always get a LL to behave properly but you can do what you can to protect yourself.

If a LL is a bit dodgy, all the more reason to research what your rights are and what you can do to protect yourself (take photos as soon as you can when you move in, find out if your deposit is protected and where, ask your LL for this information if you don't have it). I had my protection details stuck on the notice board from day one.., and it was my first private rental 'experience'.

MoroFenrir

I know it's in a deposit protection sceme, my estate agents told me .

I just don't know which one ,until I have a look at my tenancy agreement

booksurr

MoroFenrir wrote: »

I know it's in a deposit protection sceme, my estate agents told me .

I just don't know which one ,until I have a look at my tenancy agreement

as explained #5 by anselld, there are 3 schemes, you can check each one online by inputting your address. Simples.

G_M

See:

* Repairing Obligations: the law, common misconceptions, reporting/enforcing, retaliatory eviction & the new protection (2015)

* Deposits: payment, protection and return

MoroFenrir

According to my teancy agreement , the deposit is held with DPS. https://www.depositprotection.com

anselld

MoroFenrir wrote: »

According to my teancy agreement , the deposit is held with DPS. https://www.depositprotection.com

So, you need to confirm that has actually happened. The DPS has two schemes, Custodial and Insured. You first should make sure you have the necessary details to log into the DPS website and view the status of your deposit online.

Then familiarise yourself with this document...
https://www.depositprotection.com/documents/a-guide-to-tenancy-deposits-disputes-and-damages.pdf

Then wait and see what happens at checkout and raise a dispute via DPS if necessary.