Getting deposit back from DPS

zwobott

Hi ALL

So my story is...we had been renting this house from a landlord since 2011/July and moved out recently/two months ago, because we bought our own.

There have never been any issues with the house/neighbours/landlord and even at the end we found the landlord a new tenant/a friend of ours, hence the landlord didn't have to waste time and money on finding replacement.

Now, the deposit, which is with DPS. Initially the landlord demanded around £750 for repainting the house changing carpets etc. The house itself was last time painted in around 2008, and the same with carpets. None of it was destroyed, carpets kept in decent shape, always clean, obviously after 10-12 years each house should be redecorated. Anyway, we refused, and now the landlord is demanding the full deposit to be refunded to her. This is....because we didn't pay water bills and she had to do it. The point is, when we moved in, we were suggested by the agency first and then the landlord (in consequent years we had contract signed directly with the landlord), that because the house is old, there is a fixed fee for water and sewage, and it is way cheaper to have it this way than having meters installed, so the fee will be included in our rent. Obviously, we agreed.

All other utilities were at the beginning of tenancy moved to us (council tax, electricity and gas etc.), but the water and sewage was on the landlords name. Unfortunately, in the contract it says that we are responsible for all utilities.

Now, the landlord is demanding that we were suggested to have water meter installed in the house, but we didn't agree (10 years ago), so she had to pay for it. I can't understand why she is coming with this after almost 10 years of us being there ? Why she hasn't transferred and had the meter installed immediately after we moved in ? I understand she tries hard to get the money from us, but...is there anyway I can defend it with DPS ? Please.

Thank you for all replies.

moneysavinghero

Just raise a dispute with the DPS, they will decide if the deductions are fair or not.

I doubt it is fair to ask you to pay for the installation of water meters so you would get your money back. Unless there is more to the story than you are saying. But that's for the DPS to get to the bottom of.

zwobott

The dispute has already been raised with DPS, they're asking me to attach any supporting documents. Obviously, all contracts are stating that we are responsible for water and sewage (as well as other utilities). Nevertheless, why after almost 10 years the landlord comes up with this request? She had all 10 years to tell us - ''I want a meter'', or if it really was the case - as she claims that we said ''no'', why she signed contracts with us directly (the first two years were through an agency, and from then she suggested to have it only between us, so we agreed).  I can't see why there could more to the story. If I was a landlord, and my tenant said no to hypothetical suggestion, I would not to have such person as my tenant. For ten years somehow, she has never raised the issue, only now. Strange, but I know she only wants the money.

moneysavinghero

If you have already raised the dispute there is not point getting stressed about it. Just wait and see the outcome. Personally i think you have a good chance of getting your money back.

zwobott

Thanks for good words.I mean, we have never been late with rent, never late with any other utility bills. I know it could be personal, but the landlord I know is greedy, owns several properties in the area, and...complains her son with family can't afford to buy a house and has to live in a granny annex at the back of the landlords house. It is just pathetic. 

Countrysider

Just wait them out and reject any settlement offers. Your landlord will have to provide evidence if they want to back up their claims and there's likely none for the water meter and the redecorating would clearly be classed as wear and tear over such a long period. 

The likely scenario is they'll fail to produce their evidence in the required time (2 weeks IIRC) and the contested amount will fall to you uncontested. This has been the way it has worked for me in my last few rentals. It's annoying that they have the power to string out the process, but if you can afford to wait them out then you'll almost certainly get all your money back.