Rental deposit and no inventory

sophsters

Hi, in December last year after 18 months of living in our long term rental property (and never hearing a word from our landlord) we were shocked to have the sheriff's officers at the door stating we were getting evicted. The reason the landlord gave was that they wanted the house back for a granddaughter and her family. We considered taking it to a tribunal as moving during a lockdown let along finding another rental property in the area for a reasonable rent was going to be tough but instead we said nothing, packed up and busted a gut to move, clean, tidy and refresh what we could. We met the landlord at the house on Monday (25th Jan) to have over keys, they looked round and said they were happy and would release the deposit and the were sorry they had put us out over Xmas.
Today I recieved a call from them stating they were not happy, carpets had been replaced (ones from the 70s and they knew we had pets) walls are scuffed, there's a chip on the kitchen worktop that was there when we moved in but they are disputing that etc. She then stated they would be keeping our full £850 deposit, which is lodged with LPS. We spent 2 full days cleaning and doing what we could to leave it in very good condition. 
When we moved in we signed the tenancy agreement but there was no inventory, photos etc. I'm a newly qualified nurse and had to borrow for my new deposit and rent, plus moving fees and i really need the deposit back, what can I do? 

greatcrested

Raise a despute with the relevant deposit scheme. That's what they are there for.

See

Post 3: Deposits: Payment, Protection and Return.

MaryNB

Dispute it via the relevant tenancy deposit scheme. If there is no inventory and the landlord didn't take photos they'll struggle to defend keeping £850. Did you take any photos at he start of your tenancy?

Did you get any notice at all? S21? Anything from the courts?

sophsters

greatcrested said:

Raise a despute with the relevant deposit scheme. That's what they are there for.

See

Post 3: Deposits: Payment, Protection and Return.

OK thanks, I'm worried they will ask for evidence but I didn't take photos on moving in or leaving which was stupid.  If I do get my deposit back through the scheme,  can the landlord then take me to small claims court? 

greatcrested

It's for the LL to justify the deduction, not you to justify the deposit return. Without a checkin inventory it is hard (not impossible) for him to prove the condition when you moved in and hence prove you caused any damage.

Yes, the LL can try court, but courts dislike it when one side ignores the scheme system which was set up precisely to avoide these cases going to court.

Having said that if your pets damaged the carpets and you scuffed the walls, that's down to you.

letsbetfair

greatcrested said:

It's for the LL to justify the deduction, not you to justify the deposit return. Without a checkin inventory it is hard (not impossible) for him to prove the condition when you moved in and hence prove you caused any damage.

Yes, the LL can try court, but courts dislike it when one side ignores the scheme system which was set up precisely to avoide these cases going to court.

Having said that if your pets damaged the carpets and you scuffed the walls, that's down to you.

Agreed about the carpets, but if these were from the 70s then (unless they're antiques or something!) they're arguably of little or no value when you take account of depreciation.

sophsters

letsbetfair said:

greatcrested said:

It's for the LL to justify the deduction, not you to justify the deposit return. Without a checkin inventory it is hard (not impossible) for him to prove the condition when you moved in and hence prove you caused any damage.

Yes, the LL can try court, but courts dislike it when one side ignores the scheme system which was set up precisely to avoide these cases going to court.

Having said that if your pets damaged the carpets and you scuffed the walls, that's down to you.

Agreed about the carpets, but if these were from the 70s then (unless they're antiques or something!) they're arguably of little or no value when you take account of depreciation.

The living room carpet was ruined by my elderly dog so we replaced it with laminate that was put down professionally. The hall and stair carpet was old and hideous so we replaced tit too, the LL is stating that these need replacing now which i don't understand as they are not in bad condition. She seems to feel that as it was her mother's house that it should have stayed a it was,  but on moving in we asked if we could redecorate and she agreed a long as it was nothing crazy, which it isn't. 

dimbo61

Another stupid lazy landlord.
Get onto the deposit people and claim all your deposit back.
The Landlord has to prove the condition of the property when you moved in and  when you moved out.
Without a signed inventory with good quality photos which you signed or a Video inventory done by an independent video inventory company they will not win so do not agree to any deductions.
Tatty old carpets ! 
Did you get an EPC when you moved in ?
You can check on the EPC register if the property has an EPC 
Does the property have gas ? Boiler ? Gas fire or gas cooker/hob ?

dimbo61

The Sheriff's officers and bailiffs normally turn up after the court has ruled in the Landlords favour because you have not paid the rent ?
So why did they attend the property ?

sophsters

dimbo61 said:

The Sheriff's officers and bailiffs normally turn up after the court has ruled in the Landlords favour because you have not paid the rent ?
So why did they attend the property ?

That's how they have us notice to leave, via the sheriff's officers

sophsters

dimbo61 said:

Another stupid lazy landlord.
Get onto the deposit people and claim all your deposit back.
The Landlord has to prove the condition of the property when you moved in and  when you moved out.
Without a signed inventory with good quality photos which you signed or a Video inventory done by an independent video inventory company they will not win so do not agree to any deductions.
Tatty old carpets ! 
Did you get an EPC when you moved in ?
You can check on the EPC register if the property has an EPC 
Does the property have gas ? Boiler ? Gas fire or gas cooker/hob ?

Nothing comes up on the EPC register. It had gas, with a gas fire. I had to ask them to come service the boiler after 16 months of being there and even then they didn't check the fire.