Landlord holding my tenancy deposit 'ransom' for waste clearage

CyberStein

Hi there. I've had a bad time with my landlord for many years and this is part of the reason why I ended up handing in my notice and moving out. She came to inspect the property after I had moved out and was fine, however now she's raising issues with the waste storage area. Behind the property there's a communal area for bins, and all my rubbish post-move is inside the various correct bins. However, my ex-landlord remarked that I need to have my rubbish collected before she is going to release my deposit. Considering the bins are collected on alternating thursdays and I'm not in the area anymore, this seems really petty and out of order. When I handed in my notice and date of moving, she let me know that I was to remove all personal belongings and rubbish from the property and grounds. I believe I did just that, and the bins are classed as council property?

What ground do I have to stand on here, as I really don't feel I've done anything wrong? There's nothing bulky out there that won't be collected, and everything is in the correct bin.

Slithery

Just put in a claim for the full deposit from the relevant scheme - they won't agree to her deduction.

CyberStein

Slithery said:

Just put in a claim for the full deposit from the relevant scheme - they won't agree to her deduction.

Thank you for your reply. I checked what I assume is the relevant scheme, and I found this:

The details still list my first landlord, who I dealt with until 2016 when my most-recent landlord took over. I'm assuming this page still shows that my deposit is being held? I've not used these services before, so I'm assuming if the deposit was moved elsewhere or something, the "current status" part would have displayed it?

So all being well, I should contact TDS though the links on that page?

Thank you.

greatcrested

Yes, check where your deposit is registered and claim back from them.

This is an unjustified deduction.

See also

Post 3: Deposits: Payment, Protection and Return.

CyberStein

greatcrested said:

Yes, check where your deposit is registered and claim back from them.

This is an unjustified deduction.

See also

Post 3: Deposits: Payment, Protection and Return.

Thank you.

My landlord is now claiming that there is damage to the walls of the property, damage which wasn't visible to myself besides a dodgy section of wallpaper and drylining which I have made apparent on multiple occasions, where an old storage heater was installed and removed before I even moved into the property. The state of the damage hasn't changed throughout my tenancy and no effort has been made by any of my previous landlords to repair it. I have photo evidence of this from throughout my tenancy so I should be protected here too, right?

Grumpy_chap

The condition of the property is assessed at the inventory / check out report, not some random date after you vacated.  I assume you have a check out report.

CyberStein

Grumpy_chap said:

The condition of the property is assessed at the inventory / check out report, not some random date after you vacated.  I assume you have a check out report.

It was all very casual, I do not believe I have anything of the sort. This is their first time being a landlord and I'm not sure they even know how to do this all properly. I have sent through the claim to the TDS.

greatcrested

Then wait for the TDS to respond. If it goes to the arbitrators, submit your evidence and they'll decide.

macman

You don't know if you signed an inventory when you moved in?
If you didn't, then the LL's claim for the deduction will of necessity fail, as they cannot show that the damage was caused during your tenancy?
As an aside, why do so many people only check the status of their deposit protection when they are about to move out? Not after the 30 days that the LL has to protect it at start of tenancy?

oldbikebloke

CyberStein said:

It was all very casual, I do not believe I have anything of the sort. This is their first time being a landlord and I'm not sure they even know how to do this all properly. I have sent through the claim to the TDS.

It was all very casual, I do not believe I have anything of the sort. This is their first time being a landlord and I'm not sure they even know how to do this all properly. I have sent through the claim to the TDS.

they are not the only ones unsure what they are doing.
Have you read the guide on how tenancy deposits operate? Answers to your questions are in there.

CyberStein

macman said:

You don't know if you signed an inventory when you moved in?
If you didn't, then the LL's claim for the deduction will of necessity fail, as they cannot show that the damage was caused during your tenancy?
As an aside, why do so many people only check the status of their deposit protection when they are about to move out? Not after the 30 days that the LL has to protect it at start of tenancy?

I do not believe I did when I moved in, and certainly not with this landlord when they took over. 

oldbikebloke said:

CyberStein said:

It was all very casual, I do not believe I have anything of the sort. This is their first time being a landlord and I'm not sure they even know how to do this all properly. I have sent through the claim to the TDS.

It was all very casual, I do not believe I have anything of the sort. This is their first time being a landlord and I'm not sure they even know how to do this all properly. I have sent through the claim to the TDS.

they are not the only ones unsure what they are doing.
Have you read the guide on how tenancy deposits operate? Answers to your questions are in there.

That's fair and I have since read that, yes.

The tenancy agreement was a slightly edited template printed from the internet and throughout the tenancy they have made various unreasonable requests and failed on many occasion to carry out certain repairs due to the place just being old and falling apart. On one occasion, I was left without a working toilet for 2-3 days. Another, a broken shower with no other means of bathing for around 5-6 days. I had to bike to a neighbouring village to a family member's place for that.

Regardless, I think I'm pretty confident this will all turn out in my favour, I feel I've got a lot of evidence to support my case and her claims are pretty much bogus anyway.