Unusual deposit dispute - potentially

Utterlyconfused81

Hi,

In a weird predicament at present, where upon moving out of a dreadful property that had so many issues due to defects / poor workmanship and structural problems, I now find myself in a back and forth with my previous LL regarding the most crazy claims in writing regarding legal action relating to the damage to their property.


In short, there was some damage, mainly cosmetic to the property, but these are as a result of the LL failing to address the defects (all reported, emailed pictures and viewed in person by the LL) and arrange for repairs to be made. Such as water marks on the ceiling due to at last count, 11 leaks. Some marks on the upper walls connecting to the ceiling where water would run down the wall due to the leaks.


Few other areas where damage occurred to the damp, all structural, rising damp in one area due to faulty gutters, other areas due to faulty brickwork around windows, which had been advised as requiring repair by a builder.


Upon moving, we discovered serious damp and mould to a vast number of our possessions, which was unknow to us prior as it was all in areas that are not visible until moving. All were completely ruined and we had to pay a clearance company to collect and take to the local dump. The value of these items exceeds £1600.


Knowing the LL would be difficult, as they had been throughout the tenancy, I withheld the final months rent.


Prior to moving I advised the LL of the damage and the reason for withholding rent, and offered the number of days rent remaining that we were liable for, minus the deductions for only one item (bed base), given it was the most expensive single item damaged and required replacing due to the mould as my partner is severely asthmatic.


As expected the LL declined any responsibility for their appalling property.


However a couple of days later I received an email advising on their final settlement. The email was full of crazy claims and was quite simply the ramblings of a mad person. Though it did offer a sum they were prepared to accept, and gave 3 days to do so before threatening legal action. The threat of legal action has been the LL's constant almost throughout the tenancy in relation to anything the were not in agreement with.


The email also stated that the deposit would be returned in full, upon payment of their requested amount.


The LL has no grounds in relation to claims from the deposit due to the inventory being non existent, no mention of deductions to the deposit on the videoed walkthrough they did with my partner and the offer of returning in full in their email.


My question is, it feels like they are trying to use the deposit as a leverage tool into accepting their settlement offer. Is that legal using it as essentially a bargaining chip.


I have agreed to their offer, for ease of life and moving on from what has been a horrendous experience and am prepared to offset our losses at our expense to do so.


Despite offering to agree to their demands, they are still insisting that payment is received prior releasing the deposit for a full refund.


I am reluctant to do so given the history with the LL and the likelihood that they are paid then make unsubstantiated claims regarding the deposit.

Annisele

Assuming you've agreed that you owe them more than the deposit amount, can't you just pay them the difference and then allow the whole of the deposit to be released to the LL?

Utterlyconfused81

Annisele said:

Assuming you've agreed that you owe them more than the deposit amount, can't you just pay them the difference and then allow the whole of the deposit to be released to the LL?

We owe a parentage of the months rent, 22 days I believe, which is far less than the deposit amount.


I would enter the amount proposed by both parties but don't want to do so as it has been clear either the LL or someone on their behalf has watched these forums and used exact wording used here.

Their offer in relation to mine is a difference of less than £500, which whilst infuriating is insignificant for moving forward in peace. 

ArbitraryRandom

If the amount of rent you owe is less than your deposit then it sounds like the easiest thing would be for you to pay your last months rent in full (as per your contractual obligations) then use the scheme to request the return of your deposit without deduction. Just get an email/letter from him confirming that if you pay the rent there will be no further deductions and you can submit that to the scheme if he backtracks (though if there was no inventory and you reported the issues correctly then it doesn't sound like you have much to worry about there). 

But failing that, from what you are saying it's a custodial scheme (the deposit is held by the scheme) and each of the schemes has a process to follow when there are agreed or disputed deductions - you just log in and request your deposit back, entering the agreed amount to be released to the landlord as part of that process. 

MEM62

If your deposit is protected (which, of course, it should be) you could use the scheme's arbitration service to settle the discussion.  In my experience the outcome is heavily biased towards the tenant.   

penners324

Request the deposit from whoever it's protected with, the ll thrn raises a dispute with them.

The ll can then pursue you in court for anything else.

penners324

If the deposit isn't protected threaten to sue the ll for 3x the deposit (as per the law)

propertyrental

Use the deposit scheme arbitration process.

saajan_12

Utterlyconfused81 said:

Annisele said:

Assuming you've agreed that you owe them more than the deposit amount, can't you just pay them the difference and then allow the whole of the deposit to be released to the LL?

We owe a parentage of the months rent, 22 days I believe, which is far less than the deposit amount.


I would enter the amount proposed by both parties but don't want to do so as it has been clear either the LL or someone on their behalf has watched these forums and used exact wording used here.

Their offer in relation to mine is a difference of less than £500, which whilst infuriating is insignificant for moving forward in peace. 

Do you mean that you'd owe the final month's rent, and your property damage minus their property damage equals approx 8 days worth of rent? 

Strictly, you should have paid the full month rent first. Then they'd return the deposit after the tenancy ends - you could argue the deposit is returned in full to offset your property damage, but any excess would be a separate claim you have to make. 
You want to not pay the rent and get back deposit + excess. 
Their suggestion is somewhere between that, so not inherently unreasonable. Your suggestion means the least amount of cash transferring, so also on unreasoanble. 

However at the end of the day, its a settlement offer - both parties can offer whatever they like.. either you both agree on the amounts and mechanics, or it gets escalated to the deposit scheme and/or court, where both parties can retreat to everything they want to claim, not just the settlemtn offer. 

housebuyer143

As above, contact the deposit scheme and start a dispute. They will arbitrate and without an inventory you will likely only lose the unpaid rent from the deposit. Do not pay the landlord anything.