Landlord didn't protect deposit and now there's a dispute brewing

Baer1982

We've just moved out of our rental apartment, and the landlord is insisting on several repairs that we don't believe we should be responsible for. 

I was worried this is going to come out of our deposit, and as I was going through the deposit correspondence (all over email) I noticed that the landlord doesn't seem to have protected the deposit. She does seem to have initiated the process, as I've received an initial email from the deposit protection company to this effect, but I noticed only now that there has been a subsequent email from the company that indicates that the landlord didn't actually pay in the deposit into the protection company, so our tenancy has been removed from the records of the company. 

I did some more research and found that there are three deposit protection companies, and checked against the other two as well (with the rental postcode and tenancy start date), and drew a blank. So unless there is another means of protecting our deposit, it looks like our deposit may not have been protected. 

I'm kicking myself for not having noticed the email from the protection company sooner. We haven't brought this up with the landlord yet, as relations are a bit fraught at the moment, and I don't know what's the best course of action. 

What rights do we have under the circumstances?

We're OK to get some of the repairs done but the landlord's laundry list of repairs seems like she's taking advantage of us, and I'm worried that we're getting into a dispute without the deposit protection company being in the picture and able to intervene. 

deannagone

If the LL hasn't protected the deposit, it helps you not hinders you.  They could be in to loose a lot of money if you took them to court. Shelter explains: 

https://england.shelter.org.uk/housing_advice/tenancy_deposits/what_to_do_about_an_unprotected_tenancy_deposit

and 


https://england.shelter.org.uk/housing_advice/tenancy_deposits/how_to_make_a_tenancy_deposit_compensation_claim

theartfullodger

Did landlord live in same building?  If so might not need to protect.  

Simply dispute any deductions and if agreement not possible take the greedy grasping skinflint to court, small claims.

Artful (landlord since 2000)

Baer1982

Thanks @deannagone. This is reassuring, and honestly, such a relief! 

Looking through the Shelter links, I see that they recommend collecting evidence including 'letters to and from the landlord'.

While I have confirmation from the landlord about the receipt of my deposit, I haven't discussed the protection of the deposit with her as I realised only now that it's not protected. 

Does the fact that I've not reminded her or followed up with her to protect the deposit count against me?

Baer1982

theartfullodger said:

Did landlord live in same building?  If so might not need to protect.  

Simply dispute any deductions and if agreement not possible take the greedy grasping skinflint to court, small claims.

Artful (landlord since 2000)

No, she lives in sunny Spain, I believe. She just has a local company address for correspondence. Most interaction is over email.

pinkshoes

Baer1982 said:

Thanks @deannagone. This is reassuring, and honestly, such a relief! 

Looking through the Shelter links, I see that they recommend collecting evidence including 'letters to and from the landlord'.

While I have confirmation from the landlord about the receipt of my deposit, I haven't discussed the protection of the deposit with her as I realised only now that it's not protected. 

Does the fact that I've not reminded her or followed up with her to protect the deposit count against me?

Nope! It's their job to protect it, not yours.

I would sent a letter asking for your deposit to be returned in FULL within 14 days, otherwise you will be taking them to court for 3 times the deposit amount as they failed in their legal duty to protect your deposit. If they have any sense they will then refund in full.

RAS

I would do nothing at this stage.

Presumably the company UK address is the one given "for the serving of notices"?

The OP needs advice on:

The rules about tax regarding overseas landlords. Are they paying the company or the landlord? Which name is on the bank account into which they pay?

I'd also recommend checking the company at Companies House Companies House - GOV.UK (www.gov.uk)

And then advice on whether LL has any right to ask for repairs, as it appears that the LL is treating her tenants as managing agents?

In the absence of a protected deposit, the LL can't evict the tenant. So the tenant needs to balance the benefit of sitting tight until the LL tries to evict them (when the LL has to return the deposit before they can progress)  and an early intervention that might elicit a prompt S21.

Baer1982

Thanks @pinkshoes @theartfullodger. 

I haven't received a formal notice from the landlord with the list of repairs she wants me to do, and how much she's quoting me for it. Just a list over email so far with before and after inventory check report and pictures. (I was careless in not going through the 'before' inventory with a fine-toothed comb when I moved in, so I've put her in a position where she can claim all of the damage is down to me - pretty sure several of these damages were either already there or developing when I moved in, but I was careless in not being nit picky with it at the time. She seems to have really gone over the house with a magnifying glass after I moved and dumped everything into the 'after' inventory). 

Does it matter whether I send my letter asking for deposit return before or after she sends me the full list with her repair quote?

If I send it after she's sent me a repair quote, would it look like I'm raising the deposit issue out of spite or to get out of having to pay for the repairs?

Like I was saying before, I see that some of the work can be reasonably expected to be done by me, and I'm happy to pay for those, but I'm upset that she's taking my lack of nit picking on the 'before' inventory as the opportunity to get a mini-refurb 

Baer1982

RAS said:

Presumably the company UK address is the one given "for the serving of notices"?

Are they paying the company or the landlord? Which name is on the bank account into which they pay?

And then advice on whether LL has any right to ask for repairs, as it appears that the LL is treating her tenants as managing agents?

In the absence of a protected deposit, the LL can't evict the tenant. So the tenant needs to balance the benefit of sitting tight until the LL tries to evict them (when the LL has to return the deposit before they can progress)  and an early intervention that might elicit a prompt S21.

Thanks @RAS

1. Yes, the UK company address is the one for mentioned for serving of notices in the tenancy agreement. 

2. We've been paying the landlord directly. The bank account is in her name. 

3. She had suggested that we either get the repairs done ourselves or that she will get it done herself and send us the bill. 

4. We've already moved out of the property so no question of eviction etc, and these issues have come up after our exit. 

FreeBear

How much of this "damage" can be attributed to fair wear and tear ?

hazyjo

Please don't agree anything with her, including paying any percentage, before speaking with us.

She can't claim betterment, and without a detailed inventory when you moved in, she prob won't have a leg to stand on.