Landlord refusing to return full deposit

alice79_2

I moved out of a flat on 31st March. After trying to claim that she would have to make deductions from our bond for things that weren't down to us, she agreed when we met in person that we would get the full amount back and she signed to confirm receipt off all keys that we held to the property.

When we contacted her about a week later to check where the bond was as she had said it would be about 3 days for it to clear from her account, she said she would have to deduct £100 to replace a lock on the back door to the yard. We challenged this as we had given it back to them some months previously. She also failed to provide written confirmation of the cost.

I contacted the Deposit Protection Scheme and they told me that we would be able to take her to court as she had failed to protect our deposit (We renewed the contract in Oct 2007, although we moved in in Nov 2005), andthat she would be ordered to pay 3 times the amount to us.

When we mentioned this to her in a letter, she said that the rules wouldn't apply to her as she never received a signed copy of the agreement back from us. Funnily enough she never mentioned this 'missing' agreement in the last 6months that we lived in the property.

Would just be grateful for any advice or to know if any MSEs have had any similar experiences.

Thanks

Doozergirl

Do you have a copy of that new tenancy agreement? Has she signed it?

Fred1_2

I think that even though the new agreement was in Oct 2007, the tenancy actually started in 2005 and is therefore not covered by the Deposit Protection legislation.

I could be wrong though.

Doozergirl

Fred1 wrote: »

I could be wrong though.

You are wrong. Any new agreement after the start date means the deposit should be protected.

Any tenancy that is Periodic where the timescale in the original agreement has lapsed and no new contract has been signed means that the deposit still does not need to be protected.

clutton_2

There is a lot of discussion on https://www.landlordzone.co.uk at the moment about TDS court cases - have a look over there

RabbitMad

so far the only case that has come to court that I know of where the tenant was already renting the property before last april went the landlords way.

A different Judge on a different day - who knows.

I'd tell the landlady she is wrong and point out that risking 3 times the deposit just to keep £100 is a bit silly - especially if she shouldn't be holding on to that anyway.

alice79_2

Doozergirl wrote: »

Do you have a copy of that new tenancy agreement? Has she signed it?

yes, myself and my flatmate have still got our copies of the agreement, complete with her signature.

mlz1413

alice79 wrote: »

yes, myself and my flatmate have still got our copies of the agreement, complete with her signature.

I'd write back and tell her that she is mistaken as you copied the re-newed agreement and therefore the deposit should have been protected by law, but if she will return your deposit in full as verbally agreed there would be no need for you to follow up that issue.

good luck

Doozergirl

alice79 wrote: »

yes, myself and my flatmate have still got our copies of the agreement, complete with her signature.

Then I think you have a new agreement. Just because she didn't receive a copy doesn't mean that it wasn't sent.

Go get her (need a little angry dog icon )

MissMoneypenny

clutton wrote: »

There is a lot of discussion on www.landlordzone.co.uk at the moment about TDS court cases - have a look over there

"Power to Landlord" seminars. How sad is that!

clutton_2

what an unusual post for you Miss MP - knowledge is power, knowledge is confidence, - is getting heard, - is sticking up for yourself, - is getting what you are entitled to - that is why i posted the link - why shouldn't tenants from here also benefit from some Very professional posters who use https://www.landlordzone.co.uk and who give their professional advice for free. Richard Webster does us proud on here - there are similar excellent posters on LLZ.


I would have thought you know that internet discussion forums exist for a huge number of diverse professions / interests / hobbies / activities - why shouldn't there be one for landlords ?

MSE forum on housing seems to be predominantly about tenants who have landlord problems - and myself and many other landlords contribute hugely to helping them fight injustice.


shame on you