Moved out - deposit return?

NotReallyNorthern

@Slithery how does that work, how long does the LL have to claim those cleaning costs? If they had used a scheme they would hav had to do it within a certain amount of time of my tenancy ending. Would they be able to do anything after two months? 🤷‍♀️

@nyermen would you say this counts as a serious breach? The tenancy started April 2017 so they have had plenty of time to protect it. 🤔

macman

Without an inventory or photos at start of tenancy, and with you having photos at end, there is minimal chance of her succeeding with a claim. She can't merge the issues of end condition with non-protection of deposit, they are separate issues.

The protection has to be done within 30 days of start of tenancy.

LL's who neglect this are probably neglecting many other legal responsibilities too: did you have a valid Gas Safety Certificate at start of the tenancy? If not, that is also heavy leverage.

You are worrying about nothing: just get on with it and send the LBA, giving her 14 days. Decide what resolution you want: you can still go to court for non-protection after the deposit is returned if you want to.

greatcrested

1) Stop messing around with the LL and claim your deposit back!

2) Read

Post 3: Deposits: Payment, Protection and Return.

3) As the deposit is not protected you claim the penalty of minimum 1 times the deposit and 3 times the deposit (the judge decides)

4) at the same time you claim the deposit itself.

5) the LL can counter-claim for any damage - the judge will decide if the LL's counter claim is justified, but will already be biaised against the LL because of the failure to protect. That might push up the penalty too.

6) send a 'Letter Before Action' giving the LL 5 days to return the deposit in full else legalaction follows

7) if not returned in 5 days, start legal action (see link above)

NotReallyNorthern

Thanks guys, @macman fortunately the heating was electric, so I don't need to worry about the gas safety. However, it did fail its electrical safety check done just before I moved out 😬 I have mentioned my "health and safety concerns" in the letter in addition to the main point... 

greatcrested

NotReallyNorthern said:

Thanks guys, @macman fortunately the heating was electric, so I don't need to worry about the gas safety. However, it did fail its electrical safety check done just before I moved out 😬 I have mentioned my "health and safety concerns" in the letter in addition to the main point... 

Irrelevant. Just focus on the issue at hand.

chilswelluk

I think it's sad that landlords take advantage.  I have know various people conned out of their deposit by unscrupulous landlords.  I was once burned when I was very young, but learned very quickly to withhold rent equalling my deposit towards the end of the tenancy.  I simply tell the landlord to keep the deposit.  While most landlords stamp their feet and throw their toys out of the pram, there is not much they can do.  Yes they can take you to court, but if it's coming to the end of the tenancy, it's very unlikely that a court would list the case in time.  Then you disappear into thin air!  My friend used to rent a house and he had a nightmare tenant that stopped paying the rent as soon as she moved in.  He had to take her to court, and it took more than 6 months to get her out.  So if someone stops paying the rent right  at the end of the tenancy, I think most landlords will just be happy that the person is out and they have the deposit to cover the unpaid rent.  I learned my lesson vey young and will never be bitten again.

Slithery

chilswelluk said:

I was once burned when I was very young, but learned very quickly to withhold rent equalling my deposit towards the end of the tenancy.

Was this before the deposit protection schemes were brought in?

LL's can now only make deductions from your deposit if they can prove their losses.

macman

I don't think this LL is 'taking advantage'. They are just lazy, incompetent and unprofessional. 

chilswelluk

Slithery said:

chilswelluk said:

I was once burned when I was very young, but learned very quickly to withhold rent equalling my deposit towards the end of the tenancy.

Was this before the deposit protection schemes were brought in?

LL's can now only make deductions from your deposit if they can prove their losses.

Yes it was before the deposit protection schemes.  But it's still a lot of hassle.  Better to just withhold rent equalling the deposit towards the end of the tenancy and tell them to keep the deposit.  It's a no loose situation for the tenant.  Landlords / agents nearly always throw their toys out of the pram, but the reality is there is not much they can do / will do about it, especially if the tenant is going anyway.  

NotReallyNorthern

Letter sent last week (finally) 🙄
I am trying to prepare for going to small claims. Does anyone know if when you apply you have to specify the amount of interest you are claiming for in addition to the deposit and compensation? Do you also include the court fee in the application? Is it better to ask for everything (incl court fees and 8% interest) or do I just go for the deposit plus the 3x compensation?

I want to be as prepared as possible to move quickly if I need to go to small claims 👍

Thanks again 😊