Help me please anyone.. I am at my wits end!

pesky_princess

Hello!
I have had enough. After much agro and upset - my now previous landlord being a right git and pain in the jacksy, I just feel like I could scream.
We moved out on 23rd january and we knew there would be trouble after with the deposit - we just knew it, judging from my landlords sudden erratic and strange behaviour in the last year of the tenancy :mad:
We were told we could not be present at the inspection of the property - rules are rules fair enough so the agent went ahead and did the inspection.
He then rang my husband after the inspection to say that all seemed to be in order and everything was 'as is' on the inventory. he then said that now the landlord had to go round and inspect, and then it would be sorted for our deposit to be returned.

Another phone call followed t'was the agent again to say that the landlord was not happy with the carpets, he said they were not clean. The carpets were not clean when we moved in - we had them cleaned ourselves so decided that we would not pay to have them cleaned again. even after we had them cleaned them, there were plenty of marks that did not come out.
The inventory states for every carpet in every room: "grubby - some stains evident" so surely with no proof of exactly what stains are where, then they can't claim any money back from us?

Also, our landlord told us when we moved in - this is your home now, feel free to decorate if you wish (we did not get it in writing unfortunately) but we only painted a tiny box room out of the whole house, and surprise surprise, he is disputing the colour of the walls in that room now, against the inventory. Hubby held hands up to that and told them we know a professional decorator and we would get him to come and repaint it, they never got back to us on that - and we have been told that a decorator has been at the house all week (they are now selling the house btw) So we are expecting the landlord to have got someone he knows to paint his house for selling and then make up a ridiculous amount to charge us... we are waiting for that one:mad:

My husband and I were talking tonight saying we have not heard from the agent for a couple of weeks, and my husband suddenly remembered (which he forgot to tell me) that the agent had said that it was a difficult situation because when we signed for the house (feb 06) that it was not the law that the deposit had to be held with a scheme. Anyway, our tenancy was renewed every 6 months (sometimes not exactly 6 months but I am positive that we had renewed it for another 6 months after the april 07 when it became law, and it was only the last few months that we had a periodic tenancy.... BUT! more importantly, putting that fact to one side.....
I remembered that in our original tenancy from the start (feb 06) it had stated that our deposit was to be held in one... am I right?
It says:
"THIS TENANCY IS INCLUDED IN THE TENANCY DEPOSIT SCHEME FOR REGULATED AGENTS (TDSRA) THE LANDLORD AND/OR TENANT MUST ENDEAVOUR TO NOTIFY THE MEMBER FIRM THAT THERE IS A DISPUTE OVER THE DEPOSIT,AS SOON AS POSSIBLE AND WITHIN 28 DAYS OF THE LAWFUL END OF THE TENANCY AND THE VACATION OF THE PROPERTY. THE ICE (INDEPENDANT CASE EXAMINER) RESERVES THE RIGHT TO DECLINE TO CONSIDER DISPUTES THAT HAVE ARISEN OUTSIDE THE TIMESCALE."

So! Does this mean our deposit is supposed to be in a scheme? and if the agent says it is not, have they breached our tenancy contract?
Can I demand they give me proof that it is in a scheme? and if they can't prove to me can i take action against them for it?
surely if they did not put it in a scheme as stated in my agreement then they have broke some kind of rule?
I have to act tomorrow as the 28 days is up tomorrow (20th feb) so i need to ring them for their email address and have it out with them tomorrow so really need to be sure of my facts when i ring them!
please could anyone help me?

I am so peed off with this whole thing! :mad:

many thanks! xxxx

clutton_2

the deposit schemes did not come into force until april 5th 2007 - ANY tenancy which is renewed after that date means that any originally paid over deposit has to be entered into a scheme - so

first thing is to contact the scheme and find out if your deposit is protected or not. one of the Deposit Schemes had software problems early on and were not notifying tenants, but were relying on landlords to notify tenants.

in addition to having to lodge your deposit your landlord and/or agent legally have to provide you with the "Prescribed Information" about the scheme they are using.

if your landlord has not lodged your deposit you can take him to court and get 3 times the deposit back from you ......

irrespective of what your LA has done, it is your LL who is legally responsible - even if the agent has acted illegally.

suggest you read Eagerlearner's thread on here - re getting a deposit back - she was caught between Agent and LL

good luck

pink.1970

clutton - can i just ask, what does this mean for us who signed our original tenancy agreement over 6 years ago and have only that original paperwork? are we covered by this as our LL has deposit of £350 and 2 weeks rent at £126 as it was then.

Sorry if this doesnt make any sense

clutton_2

- deposits have to be lodged in a scheme if a new tenancy agreement is signed after April 5th 2007 - whether that is a new tenancy in a new property or a renewal of an earlier tenancy agreeement in your current house. so - no your deposit does not need to be lodged - but - did you sign an inventory when you moved in ? if you did not then your landlord cannot make any deductions from your deposit on departure from the property.

pesky_princess

hi! thanks for your reply... I am not sure if i last signed a contract after april 2007 as the 6 months renewals were never sent on time etc and i can't find these renewals now.. I only have my original tenancy agreement which i am using the fact that my contract says it is in a deposit scheme.

the agent has said to hubby that it is not and it was before the new law came out, but forgetting the new law as i have not got proof of dates i have signed renewals...... if my contract says my deposit is in one... can i take action against them falsely stating the fact in my contract?
i have rang them but not discussed it yet as they said someone will ring me back. i would love to know my rights before this!

i have had nothing in writing about the disputes by landlord and my contract says he has to put forward in writing within 28 days any disputes - the 28 days is up today!
so, i am hoping everything is in my favour, as if my deposit was put in a scheme like my contract says, then the landlord cannot dispute anything after 28 days, and if they didn't put it in a scheme then i can take action against him or the agent for breach of contract?!!

pesky_princess

hello again! These estate agents are getting on my nerves... something seems to be going on.. i never received a call back as promised and have just rang them again and been told same thing.. someone will ring me back to discuss my deposit :mad: getting right narked now!

does anyone on here know if the fact my deposit is supposed to be in a scheme and is not, but says so on my tenancy, i can take action against estate agent or landlord?

Its been a month since i moved out, and NO deposit still! :mad:

lynzpower

Ok,

If you really truly dont know, what your tenancy agreements say, why not play the 'dumb card' ( I do this quite a lot) and go into your agent & ask them for a copy of your last TA 'just to double check te bit about the carpets' or something.

Im about to start a club! theres about 4 or 5 of us at the moment going through this, so it might be good for us all to get our heads together and support each other

pesky_princess

Hi! Thanks!
Well I have just spoke to the agent and I tested them first and asked where exactly my deposit is and they told me that it is in a deposit scheme so at least I will get a fair (i hope) chance of getting it back!
It states in my tenancy that the landlord has 28 days to put in writing to me any disputes he has over the deposit. I have had nothing in writing and I asked the agent if they have and they said no, so now the 28 days is up, he has surely lost already?

The agent told me that he is not budging and wants ALL my deposit! (£595) and he is going to take it further!!!!! I told them "well tell him so am I!"
There is no way he is having my money... NO WAY!!!!!!! I am livid! :mad:

Should i put something in writing to the agent does anyone think? To quote the agreement etc and so I have something on record in case this gets to court or something?
I am truly fed up with the idotic landlord :mad:
I feel like sobbing... I have 5 children and we are not loaded and i need that money :-( We had to pay out nearly £2000 to move into our current home. I am well and truly hacked off!

I will join your club Lynzpower! lol :j

Tassotti

IF the deposit is in a deposit scheme, then it will be handled fairly (sort of)

Is the property in the same condition (with regards to cleanliness)

Are the damages just wear and tear....

I have had clients who have sworn to me that the property is clean and I find 3 inches thick grease in the kitchen...

You need to hand it back in the same clean condition as when you took it over...Is it?

The majority of disagreements on any deposit scheme is about cleanliness and gardening.

Do what you need to do and you might see your deposit back!!

pesky_princess

Hi! yes! the property was left very clean (cleaner than when we moved in infact!)
We don't even know what exactly he wants to keep the whole deposit for! I have nothing in writing and have not even been told verbally what exactly he is keeping my £595 for!
The agent told us when he went and inspected it that everything was in order and was the same against the inventory.. its since the landlord went and inspected it!
There was no damage whatsoever to anything!
My tenancy states that the landlord must endeavour to notify the agent and myself within 28 days in writing of any dispute with the deposit.
I have received nothing to explain what he is keeping my money for and the agent has nothing in writing either!
The 28 days is up now.. so where does that leave me?
I have just got to sit and wait.. but where do i put a limit on how long I will wait?

Tassotti

If all you say is true, then the LL/agent have no right to keep your deposit!!

It doesn't matter what it says in the tenancy agreement, there are laws to say when you should get it back...Can't remember them now..Look it up 'Housing Act'

Chase chase chase. Be rude if needs be.

Tass