Landlord non payment of deposit

[Dadsmada]

Hi I am looking for advice please

 

Myself and my partner lived in a property for 6 years and moved out at the start of December as we were expecting a child and needed a property with more space

The lease was due to end in February but we had the landlord and letting agents permission to move out and we found new tenants ourselves who moved in the weekend we moved out.

The new tenants have also paid a deposit to the letting agent and there has been a continuation of rent and no loss to the landlord.

The problem arises that we have not received our deposit back - in the lease it states there is a 4 week period from the tenant moving out for this to be paid

The landlords father is concocting damages to the property and withholding payment for really petty things ie there is a plank missing from the back fence , the kitchen door doesn't close properly etc and apparently is getting quotes for these

We left the property in far better condition than we found it and tbh if there ever were any problems like frozen pipes we fixed at our own expense ( wish we had been a nuisance to the letting agent and we may not be in this position now )

I have spoken to the letting agent at length and he inspected the property and in his opinion this guy is just trying it on.

The letting agent is currently on receipt of both our deposit and the new tenants deposit

How do I proceed with this?

Also we put new blinds into the property - am I within my rights to get these back as I'm well p...ed of with how this guy is treating us

£40k rent paid never late and we have been no bother at all

 

Thanks

[Dadsmada]

Hi can anyone advise please

[renegadeimp]

Hi there. It might be better posting in http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?65-Residential-and-Commercial-lettings-Freehold-issues. That forum gets alot more traffic.

[*RainbowTears*]

Hi I am looking for advice please

 

Myself and my partner lived in a property for 6 years and moved out at the start of December as we weren't expecting a child and needed a property with more space

The lease was due to end in February but we had the landlord and letting agents permission to move out and we found new tenants ourselves who moved in the weekend we moved out.

The new tenants have also paid a deposit to the letting agent and there has been a continuation of rent and no loss to the landlord.

The problem arises that we have not received our deposit back - in the lease it states there is a 4 week period from the tenant moving out for this to be paid

The landlords father is concocting damages to the property and withholding payment for really petty things ie there is a plank missing from the back fence , the kitchen door doesn't close properly etc and apparently is getting quotes for these

We left the property in far better condition than we found it and tbh if there ever were any problems like frozen pipes we fixed at our own expense ( wish we had been a nuisance to the letting agent and we may not be in this position now )

I have spoken to the letting agent at length and he inspected the property and in his opinion this guy is just trying it on.

The letting agent is currently on receipt of both our deposit and the new tenants deposit

How do I proceed with this?

Also we put new blinds into the property - am I within my rights to get these back as I'm well p...ed of with how this guy is treating us

£40k rent paid never late and we have been no bother at all

 

Thanks

 

Hi,

 

Did your Tenancy start before or after 6th April 2007? If before, have you renewed your Tenancy agreement since this date, as if you had done so then your deposit should have been paid into a DPS.

 

Tenancy deposits

 

They commenced on the 6th April 2007 but only in respect of deposits received on or after that date. If you receive a deposit before that date then you do. not have to deal with it under the scheme (except where a tenancy agreement is expressly renewed after that date)

 

The above is from this link here, it is for the RLA & has all the information you need regarding your deposit & what to do/expect etc.

 

http://www.rla.org.uk/landlord/tenancy_deposits/tds-FAQ.shtml

 

I am also a private tenant, have been so for over 15years. I do know that if I stay with the same Letting agents they just transfer my deposit over to my new property (assuming all is in order of course with the property I'm leaving).

 

If I change Letting agents or go 'private with no agent' then my deposit has to be repaid back to me within 10 days of my leaving a property. (once again assuming all is in order with the property, ie no damages claimed for etc)

 

It's easier these days with having your deposits paid into a DPS as you now have control over it to some degree. You should be given within 30 days of a Tenancy beginning a certificate type piece of paper that should have the DPS name, reference number & access code (if applicable) so that you can go online & check your deposit. Your Landlord or Letting agent also hold theirs.

 

Once your Tenancy is up & you both agree no damages etc then your Deposit is released back to you. But if a claim is made for damages & your Landlord or Letting agent applies to the DPS for the money to be released to themselves, you can dispute this & the deposit money then stays where it is until a resolution is reached.

 

I did have an issue with a private Landlord a few years ago. My Tenancy was up on 10th Sept & I started to move out over the Bank Holiday, (with 4 boys, it gave me time to get the property cleaned, carpets washed etc) On the 2nd Sept, whilst in between moving out & into new property, the Landlord changed the locks. I was locked out with some of my possessions locked inside & the property was only half cleaned. The Landlord also applied to the DPS for my deposit to be paid to him. As the DPS notified me off this, I logged in & stopped the repayment & raised a dispute.

 

What followed was an 18 month battle, (I involved my local Council housing office & Shelter but got no where with them) In the end this was resolved in Court & was finally able to have my deposit released from the DPS. Although all my possessions were long gone by then!!

 

So I would start by going back to your Letting agent & check whether your deposit was placed into a DPS. (you also need to check when your Tenancy started before the 6th April 2007 & or if you renewed your Tenancy since then)

 

Also check out the link I've given you, there is lots of information there regarding Deposits etc.

 

Lastly did your Letting agent give you a checking out list? As usually a Letting agent goes around the property with a checking out inventory list (furnished or unfurnished it doesn't matter) as they should also check fixtures & fittings, with yourself present & you should both sign it.

 

The Letting agent is acting for the Landlord & as such should be resolving any issues raised. If your Letting agent agrees that the property is in order when you left, then it is them that should have repaid your deposit back to you within 10 days. But if you have stayed with the same Letting agent, what they usually do is transfer it over to your new property.

 

I always make notes & take photos of any damage before moving in & out off a property now, to cover myself. In my present property there's water damage from several leaks that the previous tenant did nothing about, so covered myself just in case I get blamed!!

 

Good luck

[raydetinu]

was there an inventory condition report done when you moved in and one done when you moved out? if not then not much the LL can do.

Also any claim would have to take wear and tear would need to be taken into account!

As said above if you signed any AST since April 2007 then the deposit should have been protected.

To get things moving start an action in small claims for return of deposit, but first write to LL, copy to agent, demanding deposit and give them 7 days to repond or you start court action.

[Let Them Knock]

was there an inventory condition report done when you moved in and one done when you moved out? if not then not much the LL can do.

Also any claim would have to take wear and tear would need to be taken into account!

As said above if you signed any AST since April 2007 then the deposit should have been protected.

To get things moving start an action in small claims for return of deposit, but first write to LL, copy to agent, demanding deposit and give them 7 days to repond or you start court action.

 

IF your tenancy is since April 2007, and your deposit is not held in accordance with the Tenancy Deposit Scheme, take him/her straight to court. The judge WILL find for you and MUST award an additional payment to you of THREE TIMES the deposit. Google 'AST deposit', there is a lot of info out there.

[raydetinu]

Not as simple as that!

No court has awarded anything yet under the new rules as it will be expensive to bring an action; £1k plus at least.

and compensation is at judges discretion.