Urgent Deposit return advice please!

chinatown_2

Right this might be long winded but I'll try and scale it down.

Moved out of private rented flat 31st March. Requested deposit from landlord (12 month AST - left 3 months early, LL agreed to it and put new tenants in 2 HOURS after we handed keys back so no loss of money for him).
Said deposit would taken 10 working days. So last week still no deposit.
I phone deposit protection scheme (DPS), they said no-one had been in touch and account was still active.

Another email and phone call to LL, who was annoyed becuase hes out of the country, but I phoned office phone which transfered the call to his mobile as no-one answered. Ive apologised and requested either he speak to the office or give me another number to contact me on as they never answer the phone. Anyway he emailed saying someone in office has spoken to the DPS (friday) and a cheque would be with us on monday. Monday - no cheque, so I phoned DPS who said he was lying. No-one has been in touch and it cant be done over phone anyway. Not only that both myself and LL need to fill a part of the form in to release money. So the DPS helped me fill my part in online and said LL would get confirmation and be requested to do the same, it would take seconds and the money will trasfer to my account within 3 days.

So I emailed LL explaining that 'someone at the office' has got it wrong and the cheque couldnt have been with us by monday as nothings been done and I hadnt filled my bit in. I asked him to get someone to sort it ASAP as we need that deposit money.

Today, phoned DPS still nothing from LL, nothing more they can do, told me to keep pressure on him. So I phoned office, transefered to him again! Firstly I apologised for disturbing him whilst hes in Tailand and asked straight away for an alternative contact number for the office so I could deal with it with them.
He turned really nasty saying Hes getting really annoyed with me now, emailing 'millions' of times a day (once every 2 days!), phoning him 'millions' of times a day (once every 2 days!) and he said "you know what, I dont like your attitude, youre annoying me now, Im withholding your deposit!" I asked on what grounds? He said cos we left the 12 month ast early. I pointed out he agreed to it (and have email to prove it) and that he didnt lose anything as new tenants were in the same day we left.
Then he said "you damaged the property!" !!!!!!??? (oh no inventory btw) I said "you never even seen it! Your cousin did the viewings and said how fab we had made the place look!"
He said we broke the back window, which I pointed out I requested that was fixed on Sept 06 when he took over the property from previous owner and I have email to prove that he promised to sort it, it never got done...
He said "did you get the drains and gutters unblocked?" - no they were never blocked! then he was getting desperate and talking really fast "and the carpets did you get those shampooed?" They were clean, they were scruffy when we moved in, we laid 1 new carpet and 2 new linos in the flat when we were in and they were good quality and clean!
I pointed out I took photos when we moved in and when we moved out to prove how nice the place had been made and kept.

Then he just said "youre not getting your money back, Im withholding it, Im sick of you" and hung up!

:eek: :eek: :eek: We've just moved into a new house and with all final bills etc from old house, double mortgage etc etc we NEED that money. Im furious, shaking and upset. Tried calling Cit Advice but they dont open til 10am. Please help!!!!

zebulon

stop calling for a start - not because he does not like it, but because it's much harder to use stuff that were said vs. written.
I would write, a bit like you did here, the phone conversation you had with him, for your record.

and hopefuly someone here will be able to give you more advice - GOOD LUCK!

Edit: Is it the LL or an agency you're dealing with?? What his "the office", is it his work place??

chinatown_2

The LL does not use an agency. His 'office' number used to be his home number, I think family sometimes answer as in the past Ive spoken to a lady. Its not a very 'proffesional' set up from the start, hes very young and I dont think hes had much experience with letting.

liz545

I'd try contacting the DPS and ask for their advice about what to do when there's a dispute between the LL and tenant over the return of the deposit. The fact that the deposit is lodged is a good sign, it's much easier than trying to get the deposit back if he physically had it. It's also in your favour that you've contacted them previously so they should be aware of the situation, and you don't have an inventory, so he can't prove that there was any damage to the property. Withholding the deposit because he feels irritated is not a legal ground, and the DPS is supposed to only withhold money where there are legal grounds to do so.

chinatown_2

Thanks Liz.
Phoned the Cit Ad and they agreed with you. They said theres a dispute part on the DPS which can be started and they are sending me out further info for if it is still unresolved. In the mean time the LL has emailed saying he wants an invoice to prove the gutters were cleared before we moved out! There was nothing wrong with the guttering. I think hes clutching at straws cos I pointed out I knew where I stood with the lack of inventory, what his cousin said about the place and the fact I keep emails and pictures.

tbs624

Draft a letter to the LL, c/o his office and send a copy to the DPS. Something along the lines of…….

As you know, my Tenancy of the property that I rented from you at………………………was terminated by joint agreement on ……

The property was left clean and in good order, having been checked out by……………..and I understand that a new tenant moved in within 2 days.

Despite me phoning and emailing you and/or your office a total of ……times, you have not returned my security deposit of £………. nor have you sent me a written notice explaining why you have not done so.

I will be calling at your office address on…………… to collect my cheque OR I look forward to receiving the cheque for the full amount within the next 5 working days at my new address above.

If there is no response from you I shall confirm to the DPS that we are in dispute and apply for resolution via a single claim based on a lack of communication from you, or begin a claim through the courts for recovery.

Take it to the office address personally or send by Recorded Delivery, keeping a copy with all your other paperwork. Good luck.

chinatown_2

The email he sent this morning says this:

Please confirm to me when the guttering was cleared and a copy of an invoice as upon you vacating the property this was checked and needs doing, this is your responsibility.

Now I very much doubt this was checked. As I said the new tenants were in within 2 hours of us leaving and in the 3 years we lived there the LL never had anyone come and check the guttering. Even when our roof was leaking badly it took over 18 months to get him to do anything. Would it be ok to knock and talk to the new tenants asking if anyone has been out to check the guttering and was there a problem? What should I do?

zebulon

chinatown wrote: »

Would it be ok to knock and talk to the new tenants asking if anyone has been out to check the guttering and was there a problem? What should I do?

I was actually going to suggest that - don't know if it's ok or not though
I wouldn't mind...

tbs624

Chinatown - for your own peace of mind, was there a signed inventory and what did it say in your tenancy agreement about Tenant obligations on guttering etc?

I would suggest that you stop communicating by email/phone ( your computer's not working is it? ) Any deductions that he wants to make have to be formally notified to you in writing, when and if he responds to a formal letter from you and then you can move on from there.

It is frustrating but don't let him wind you up. Even if he has proof that his gutters were all shiny when you moved in, it's unlikely that they will have become blocked within 9 months unless you are in an area with a lot of trees or there is detritus from a poorly maintained roof dropping down ( and the second bit's his responsibility not yours). A LL who wants to safeguard his own property should fit mesh to his guttering IMO. He's annoyed so he's trying to give you the run around.

Keep it formal, and if you really are struggling to get anywhere try the Tenancy Relations Officer (private rentals) at the local Council Housing Dept.

chinatown_2

Thanks for this. Should I go ahead and file a dispute with the DPS now or wait a few more days?
He never had an inventory done, he never seen the property when we left and he never did a check-out inventory and schedule of condition which if he tried to claim against the dispute he would need to prove and attatch these forms.... Ive read the small print
Not sure on the gutters, would have to check that out. Might give the new tenants a knock.

Forgot to add we really need this money asap, I cant wait long for him to faff about.

redcar_2

Regardless what it says in your contract about gutters any term which requires you to clean them is considered unfair. See http://www.oft.gov.uk/shared_oft/reports/unfair_contract_terms/oft356.pdf

Send a letter along the lines tbs624 recommends now. You could always include a copy of the relevant pages of this.

I don't know with TDS if you collect a cheque but you need confirmation from them that he has released the deposit by a certain date or you will start proceedings. Ask the TDS whether there is any compensation for lost interest to you from later return of deposit if the landlord is shown to be making a malicious claim or how to go about retrieving this too.

Its in yor hands how fast you get your deposit back as the longer you take to start the action the longer it will take to get it back.