Moving out - how to proceed?

newsgroupmonkey_

JohnBravo said:

The LL wants to settle. He still wants to charge me for some items:

Can we agree the following deductions:

• Price of new bed and mattress £2xx (receipt attached) - £14x (remainder of electricity left on the key) = £142
• Lost and unreplaced fob £50
• Total of £195 to be deducted from the deposit,

Can we please agree on those and I ll make a deposit transfer ASAP.

I have taken legal advice too, it would be my claim against yours, expensive and unnecessary process, since you re charged only for things that were unreported, broken and disposed of without mine or agency’s knowledge.
Under DPS I would be able to charge you for every little scratch on the walls – and since you were aware and informed that I am myself holding the deposit, and our relationship was based on trust, can we please agree on this now and move on.
I have lost a short term tenancy agreement because I could not get the bed delivered on time – and I could add loss of earnings to my claim, but I willing to drop the charges to the minimum to move on.

Interesting when was it that I was informed about the fact the LL holds the deposit. They just make their own rules as they go along and LA is complicit. Relationship based on trust?! So the LL didn't protect the deposit to protect me! He admitted he did it to save on money nothing about trust.

Landlord is talking bobbins. He can't call what the DPS will or won't let through. Scratches on walls are often wear and tear. Gouges not.

I'm also calling BS on him getting legal advice. Deposit isn't protected and he knows it.

I'd go to court. Either way, you'll be win-win.

TripleH

Claim your full deposit back via money claim online and mention deposit not protected along with all evidence.

Up to a judge to decide although I would include the relevant acts landlord is in breach of.

In my mind it's immaterial if you claim the flat was immaculate and he claims you ran through it multi coloured yawning everywhere with a hammer in 1 hand and spray paint in the other 'chasing the flying goblins'.

The facts as (I read) you state are the deposit was never protected and you are denied the right use a 3rd party arbitration.

It's up to him to justify why the law is not applicable to him.

Apologies if I made any wrong assumptions, busy cornering a nasty little goblin as I type.

JohnBravo

Thanks for your comments. You are right. I am being denied 3rd party arbitration but what is also important even if I satisfy LL requirements LL could still disappear with the money.

The other thing is if the deposit is unprotected then it is not really a deposit, this is the money that can be spent, invested in crypto, put on the stock market or into gambling.

saajan_12

JohnBravo said:

Thanks for your comments. You are right. I am being denied 3rd party arbitration but what is also important even if I satisfy LL requirements LL could still disappear with the money.

The other thing is if the deposit is unprotected then it is not really a deposit, this is the money that can be spent, invested in crypto, put on the stock market or into gambling.

Eh? You still have court as a 3rd party arbitrator - file a simple money claim online for the actual deposit, claiming back the deposit and court costs. 

Of course its still a deposit - regardless of what the LL does with "that" physical money, they're still liable for the £ amount you gave, less any valid deductions. eg if you handed over £1000 as a deposit which the LL took to the casino and came back out with £500, that doesn't mean you just get the remains of "that" money, but a full  £1000 from the LL's pocket. If you mean that the LL might not have money at all, then you still file a claim and enforce it by placing a charge on the house. 

canaldumidi

Dear Mr Landlord,

Like you I would like to settle this matter without the time and cost asociated with legal action.

However, by failing to protect my deposit as required by the Housing Act 204 you have denied me the opportunity of zero cost arbitration through the deposit schemes.

If you now return my deposit to me, in full, within 5 days, I am happy to call the matter settled.

If not I will have no alternative but to resort to the courts and claim not only the deposit in full (since I will contest any deductions you claim) but also the penalty of 3 times the deposit for failure to comply with the Housing act.

Given your admission to have held the deposit personally, the court will have no option but to award me the penalty + my court costs.

However as I say, I'm sure we can avoid this unpleasantness.

I look forward toyour reply.

(My bank details for transfer of the full deposit are xxxxxx)

Yours sincerely

Mr Bravo