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Advice - help with dodgy LA end of tenancy
MrsGP
Posts: 2 Newbie
Hi all,
I have just registered here to ask some advice regarding our letting agent and the end of our tenancy.
We originally signed a contract for this property and our tenancy started on 02.03.12 and ended 01.03.13 - at this point we continued to rent the property on a rolling month to month basis - nothing new was signed.
We made our LA aware in Oct 2013 that we were actively looking to find a new property as I had found out I was expecting our 2nd child and we are renting a small 2 bed property from them. She verbally agreed to continue with the rolling contract.
This month we finally found a bigger property to move in to and gave our notice to the LA - one month's notice as is our understanding of a rolling contract.
She wasn't exactly thrilled with this and wanted us to stay another month however agreed that we can hand the keys back on the 02.04.14 at which point they will check the property and then we can expect our deposit back on 02.05.14!
Is there any reason a deposit can take a month to be returned?!
We obviously need this money to cover fees on the new property.
As it stands, I am unaware if our deposit is protected by one of the deposit protection schemes. We were never made aware of it at the beginning of our tenancy or any other point. I am aware it is law to do so, but it would not be at all surprising to me if it had not been protected.
Here is something lifted from our original contract, if it helps:
1.13 A security DEPOSIT of £*** is to be paid on or before the signing of this agreement in cleared funds, bankers draft, credit transfer, Switch or credit card (the latter subject to surcharge)
1.14 ******* Ltd will hold the security deposit referred to in clause
1.13 as STAKEHOLDER between the parties. ****** Ltd is a member of the Deposit Protection Service. Any interest earned WILL belong to the Agent
1.15 Deposit Managed Clients Money
All clients/tenants deposit money is held in a client account in the following account under the name ******* Ltd Clients Deposit Account: Barclays Bank Plc ********, Sort code: 00-00-00 Account no: 000000
There is nothing to say who our deposit is protected by, is there any way of finding out and is there anyway of querying why deposit return will take one month without ruffling their feathers too much?
The LL is well known to us and a local businessman, however he chose to rent through this appalling local agency and we are the last of his properties to remain with the LA until his contract with them expires.
I don't want to cause issues with LL but LA is dodgy - to put it politely.
We had adverse credit upon starting this tenancy and she openly admitted to us she would take our extortionate admin fee and just NOT run the necessary credit checks - awful I know but we wouldn't have gotten a property any other way and we were on the verge of homelessness. We were desperate and her dodginess served us well in a desperate situation but don't want it to affect us badly now we are moving on.
We have been model tenants - the house has been kept to a high standard and we have never ever missed a rent payment.
Also, in reference to their end of tenancy checks that will obviously decide how much of our deposit is returned - there was no inventory produced at the beginning of the tenancy and nothing has ever been signed by us.
How can we be sure that they don't try and withhold our deposit for falsified claims as there is nothing to compare to? I have no doubt that we will be leaving the property in excellent condition, I just don't want them to try and withhold our deposit for invented claims. The carpets were dirty/old when we moved by the previous tenant's admission in front of LA when we viewed the property - they are in no worse condition now as we have looked after them but there is nothing anywhere to say what the state the house was in when we moved in.
I am so worried this move isn't going to go smoothly and at 8 months pregnant is a hassle I can do without!
Any advice is greatly appreciated - thank you in advance!
I have just registered here to ask some advice regarding our letting agent and the end of our tenancy.
We originally signed a contract for this property and our tenancy started on 02.03.12 and ended 01.03.13 - at this point we continued to rent the property on a rolling month to month basis - nothing new was signed.
We made our LA aware in Oct 2013 that we were actively looking to find a new property as I had found out I was expecting our 2nd child and we are renting a small 2 bed property from them. She verbally agreed to continue with the rolling contract.
This month we finally found a bigger property to move in to and gave our notice to the LA - one month's notice as is our understanding of a rolling contract.
She wasn't exactly thrilled with this and wanted us to stay another month however agreed that we can hand the keys back on the 02.04.14 at which point they will check the property and then we can expect our deposit back on 02.05.14!
Is there any reason a deposit can take a month to be returned?!
We obviously need this money to cover fees on the new property.
As it stands, I am unaware if our deposit is protected by one of the deposit protection schemes. We were never made aware of it at the beginning of our tenancy or any other point. I am aware it is law to do so, but it would not be at all surprising to me if it had not been protected.
Here is something lifted from our original contract, if it helps:
1.13 A security DEPOSIT of £*** is to be paid on or before the signing of this agreement in cleared funds, bankers draft, credit transfer, Switch or credit card (the latter subject to surcharge)
1.14 ******* Ltd will hold the security deposit referred to in clause
1.13 as STAKEHOLDER between the parties. ****** Ltd is a member of the Deposit Protection Service. Any interest earned WILL belong to the Agent
1.15 Deposit Managed Clients Money
All clients/tenants deposit money is held in a client account in the following account under the name ******* Ltd Clients Deposit Account: Barclays Bank Plc ********, Sort code: 00-00-00 Account no: 000000
There is nothing to say who our deposit is protected by, is there any way of finding out and is there anyway of querying why deposit return will take one month without ruffling their feathers too much?
The LL is well known to us and a local businessman, however he chose to rent through this appalling local agency and we are the last of his properties to remain with the LA until his contract with them expires.
I don't want to cause issues with LL but LA is dodgy - to put it politely.
We had adverse credit upon starting this tenancy and she openly admitted to us she would take our extortionate admin fee and just NOT run the necessary credit checks - awful I know but we wouldn't have gotten a property any other way and we were on the verge of homelessness. We were desperate and her dodginess served us well in a desperate situation but don't want it to affect us badly now we are moving on.
We have been model tenants - the house has been kept to a high standard and we have never ever missed a rent payment.
Also, in reference to their end of tenancy checks that will obviously decide how much of our deposit is returned - there was no inventory produced at the beginning of the tenancy and nothing has ever been signed by us.
How can we be sure that they don't try and withhold our deposit for falsified claims as there is nothing to compare to? I have no doubt that we will be leaving the property in excellent condition, I just don't want them to try and withhold our deposit for invented claims. The carpets were dirty/old when we moved by the previous tenant's admission in front of LA when we viewed the property - they are in no worse condition now as we have looked after them but there is nothing anywhere to say what the state the house was in when we moved in.
I am so worried this move isn't going to go smoothly and at 8 months pregnant is a hassle I can do without!
Any advice is greatly appreciated - thank you in advance!
0
Comments
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Check yourself with each of the 4 schemes (3 providers) to see if it is registered.
Deposits
If you do not receive it within 10 days, raise a dispute with the scheme or make a single claim request for its release.
If it is not registered, write to the LL requesting immediate return or you will make a claim for 3 times deposit as penalty as per the Housing Act 2004 .0 -
Check yourself with each of the 4 schemes (3 providers) to see if it is registered.
If you do not receive it within 10 days, raise a dispute with the scheme or make a single claim request for its release.
If it is not registered, write to the LL requesting immediate return or you will make a claim for 3 times deposit as penalty as per the Housing Act 2004.
Thank you- according to the websites of the three providers, our deposit is not registered with any of them :huh:
Do I need to contact the landlord if the money was given to and is supposedly held by the LA?0 -
Your contract is with your landlord.Thank you- according to the websites of the three providers, our deposit is not registered with any of them :huh:
Do I need to contact the landlord if the money was given to and is supposedly held by the LA?
He has failed to comply wih the law relating to depsoits.
Write to him (sigh..... not text.... write. To the address provided on the tenancy agreement)
apologies - the sigh was not directed at you specifically - I just get tired of repeating this......0 -
.
Write to him (sigh..... not text.... write. To the address provided on the tenancy agreement)
apologies - the sigh was not directed at you specifically - I just get tired of repeating this......
Maybe we can get you a little rubber stamp of this advice G_M
Seriously though, your commitment to giving quality advice here, and your patience as you keep repeating it, is much appreciated I am sure.
To the OP: If there is no double signed inventory from when you moved in it is impossible for the LL to keep your deposit or any part of it legally as they cannot prove you have not left it in worse condition than when you moved in. I am fairly certain it is also not legal for the LA to keep the deposit in a "client account" and "keeping interest", rather than in an approved scheme. You could easily be entitled to three times the deposit back from the LL, but may want to keep this card up your sleeve for now.0 -
If the landlord hasn't got a dual signed inventory (ie signed by both parties) then it will be much,much harder for him to make a deduction from your deposit. He will have to prove the condition of the property if he wants to make deductions. Now maybe he has receipts from painters/decorators for new carpets and to have the place decorated throughout the week before you moved in but this is highly unlikely. I also doubt he walked around with a video camera or anything so he has no proof the place was in a better state than it was now (And it obviously wasn't from what you've said).
dfMaking my money go further with MSE :j
How much can I save in 2012 challenge
75/1200 :eek:0 -
A virtual stamp would be great!harrys_dad wrote: »Maybe we can get you a little rubber stamp of this advice G_M
Seriously though, your commitment to giving quality advice here, and your patience as you keep repeating it, is much appreciated I am sure.
To the OP: If there is no double signed inventory from when you moved in it is impossible for the LL to keep your deposit or any part of it legally as they cannot prove you have not left it in worse condition than when you moved in. I am fairly certain it is also not legal for the LA to keep the deposit in a "client account" and "keeping interest", rather than in an approved scheme. You could easily be entitled to three times the deposit back from the LL, but may want to keep this card up your sleeve for now.
Appreciate the feedback - :blushing:
Actually dancing fairy is right about lack of dual-signed inventory:
If, for example, the LL had a receipt showing the carpets were brand new when the tenancy commenced, then any damage to carpets at the end could be blamed on the tenants evem without an inventory.it will be much,much harder for him to make a deduction from your deposit.0 -
It is not reasonable to expect your deposit back in time to use it towards the costs of your new rental.
However, given them not having protected it correctly and the lack of a dual-signed inventory I would put these observations to the agent, sending a copy to the landlord and ask for your deposit back by return of post.
You probably won't get it but the threat of going to court to claim three-times the deposit-value as penalty for non-protection might spur them to see sense.0
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