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Deposit Return and then some

Hello there. Don’t really know where else to turn regarding advice on this so here goes.
We were renting a proper in 2017 to Aug 2018 and about a month to go following our tenancy renewal we received a letter basically saying that the landlord wasn’t paying the mortgage which naturally unnerved us. After trying to get in touch with the letting agent countless times and being fobbed off with claims that they’ll ring us back me and my housemate decided to move elsewhere. The day that we submitted our notice they they finally got back in touch with us saying the landlord had paid everything up to date but alas we had made our decision.
Following moving into a new property after barely just scraping enough together to pay for the admin fees etc we’ve had nothing but issues regarding our security deposit. The letting agency had said that they had tried to contact the landlord themselves but to no avail; they said once more that they’d ring us back and email us updates, again, to no avail. Eventually, we had to take the dispute through the deposit scheme after hearing no word.
Initially, the deposit scheme has implied they are struggling to hear from the landlord as well, and if would seem some five months later, we’re finally going to get the money back but because of the issues surrounding everything me and my housemate are thinking of taking the landlord/letting agency to court for compensation regarding it, but we cannot find any information from shelter, CAB or anything to suggest that we would be owed anything. Has anyone been in a similar situation, or can anyone offer any advice? Thank you.
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Comments

  • Comms69
    Comms69 Posts: 14,229 Forumite
    10,000 Posts Third Anniversary Name Dropper
    You aren’t entitled to compensation.
  • Slithery
    Slithery Posts: 6,046 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper Photogenic
    What financial loss have you suffered?
  • anselld
    anselld Posts: 8,684 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Bluerown wrote: »
    we cannot find any information from shelter, CAB or anything to suggest that we would be owed anything.

    That is because you are not owed anything. The scheme has done its job and returned your deposit. These things take time.
  • jonnygee2
    jonnygee2 Posts: 2,086 Forumite
    1,000 Posts Second Anniversary Name Dropper Combo Breaker
    You aren’t entitled to compensation.

    Can they not make a late payment claim, though, at 8% interest?

    I don't know, just brainstorming! I appreciate it is only likely to work out at £40 - £60 but , just so the OP has all the information...
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    edited 17 December 2018 at 9:12PM
    You're not going to like this but:
    Bluerown wrote: »
    [STRIKE]Hello there. Don’t really know where else to turn regarding advice on this so here goes.
    We were renting a proper in 2017 to Aug 2018 and about a month to go following our tenancy renewal we received a letter basically saying that the landlord wasn’t paying the mortgage which naturally unnerved us. After trying to get in touch with the letting agent countless times and being fobbed off with claims that they’ll ring us back[/STRIKE]me and my housemate decided to move elsewhere. [STRIKE]The day that we submitted our notice they they finally got back in touch with us saying the landlord had paid everything up to date but alas[/STRIKE] we had made our decision.

    so you ended the tenancy. OK.

    [STRIKE]Following moving into a new property after barely just scraping enough together to pay for the admin fees etc we’ve had nothing but issues regarding our security deposit. The letting agency had said that they had tried to contact the landlord themselves but to no avail; they said once more that they’d ring us back and email us updates, again, to no avail. Eventually, [/STRIKE]we had to take the dispute through the deposit scheme [STRIKE]after hearing no word.
    Initially, the deposit scheme has implied they are struggling to hear from the landlord as well, and if would seem some five months later, [/STRIKE]we’re finally going to get the money back [STRIKE]but because of the issues surrounding everything[/STRIKE]
    So you got your deposit back.

    me and my housemate are thinking of taking the landlord/letting agency to court for compensation [STRIKE]regarding it, but we cannot find any information from shelter, CAB or anything to suggest that we would be owed anything. Has anyone been in a similar situation, or can anyone offer any advice? Thank you[/STRIKE].
    Don't waste your time, energy or money.
  • Comms69
    Comms69 Posts: 14,229 Forumite
    10,000 Posts Third Anniversary Name Dropper
    jonnygee2 wrote: »
    Can they not make a late payment claim, though, at 8% interest?

    I don't know, just brainstorming! I appreciate it is only likely to work out at £40 - £60 but , just so the OP has all the information...

    Assuming there was a clause which stipulated timeframe, possibly.
  • Actually there’s been a change in circumstance.
    The dispute service that we went through reached its final day today in regard to the time the landlord had to respond to the disputes. This morning, we received a phone call from our letting agent saying that the landlord has said we owe damages which were not listed in the check out inventory and we have an actual email saying that it would be easier to pay the £240 were allegedly being charged for rubbish removal (there was no rubbish) and go through them rather than the dispute. Surely that’s unlawful and wrong?
  • Comms69
    Comms69 Posts: 14,229 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Bluerown wrote: »
    Actually there’s been a change in circumstance.
    The dispute service that we went through reached its final day today in regard to the time the landlord had to respond to the disputes. This morning, we received a phone call from our letting agent saying that the landlord has said we owe damages which were not listed in the check out inventory and we have an actual email saying that it would be easier to pay the £240 were allegedly being charged for rubbish removal (there was no rubbish) and go through them rather than the dispute. Surely that’s unlawful and wrong?



    No. Why would it be.


    Just ignore it.
  • anselld
    anselld Posts: 8,684 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Bluerown wrote: »
    Actually there’s been a change in circumstance.
    The dispute service that we went through reached its final day today in regard to the time the landlord had to respond to the disputes. This morning, we received a phone call from our letting agent saying that the landlord has said we owe damages which were not listed in the check out inventory and we have an actual email saying that it would be easier to pay the £240 were allegedly being charged for rubbish removal (there was no rubbish) and go through them rather than the dispute. Surely that’s unlawful and wrong?

    Don’t understand. You said you got the deposit back, no?
  • Pixie5740
    Pixie5740 Posts: 14,515 Forumite
    10,000 Posts Eighth Anniversary Name Dropper Photogenic
    Bluerown wrote: »
    Actually there’s been a change in circumstance.
    The dispute service that we went through reached its final day today in regard to the time the landlord had to respond to the disputes. This morning, we received a phone call from our letting agent saying that the landlord has said we owe damages which were not listed in the check out inventory and we have an actual email saying that it would be easier to pay the £240 were allegedly being charged for rubbish removal (there was no rubbish) and go through them rather than the dispute. Surely that’s unlawful and wrong?

    No it's not unlawful or wrong. Neither the tenant nor the landlord is compelled to use the scheme's arbitration service. The landlord has 6 years to take the tenant to court to recover money for damages, unpaid rent, etc. It does somewhat weaken the landlord's case if they had the opportunity to use the scheme's ADR and didn't but it is perfectly lawful.
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