Landlord withholding deposit

[Woodi79]

Hi, need a little advice on what I can do.

 

Recently moved out of a property we had occupied since July 2012. It was let with a private landlord on an Assured Shorthold Tenancy and correct paperwork signed e.t.c. We gave correct notice of day we were moving and a couple of days before we moved, the landlord told us they would be away until a couple of days after the date.

We moved, cleaned the house e.t.c. and when the landlord returned and went to the property, they contacted us to tell us the deposit would not be returned as they did not have the keys. We moved approx. 80 miles away and due to other circumstances could not be there to give them the keys, although we were around on the day our notice period expired. We did explain to them that we didn't feel comfortable posting the keys through the letterbox as we left as 1: the house was visibly empty and 2: the letterbox had no cover and keys could easily be retrieved through it. They said it was totally unnacceptable and they were quite within their rights to withhold deposit, and we should have posted keys or left them with a neighbour, when we explained that this would have been our responsibility if anything had happened or could have been classed as 'abandonment' ( not sure about this!?) we were told that it was unnaceptable and we would not get our deposit until the keys were returned. They then told us to post keys recorded delivery and told us they were going on holiday again until the 19th of this month. Upon their return they would go to the sorting office pick the keys up then transfer the money.

So, it has now been 2 weeks since our notice expired and we are waiting for our money. I have tracked the keys to the sorting office.

It also transpires that despite it stating on our tenancy agreement that our deposit would be held in a scheme, it has not.

As a result we had to use our overdraft for our new deposit, incurring charges. I do believe that we will get our deposit, but I feel we have been treated like criminals, despite having what I thought was a good relationship with our landlord.

I just want to know if there is anything we can do to possibly recoup some of our costs? we are alsobeing charged 15 pound for a broken item despite their being no inventory or pictures to back them up.

Any help on how to proceed greatly appreciated!!!

Edited June 19, 2013 by Woodi79

[Woodi79]

Been waiting all day and still no deposit, tracked the keys and it seems they are still at the sorting office and landlord won't respond to my text.

Just been doing a bit of digging and am I right in saying that because my tenancy has ended that I can't bring a case against my landlord for non-protection of deposit for the duration of the contract? but I can take them to court if my deposit isn't paid?

Edited June 19, 2013 by Woodi79

[Woodi79]

http://england.shelter.org.uk/__data/assets/rtf_file/0007/438550/E._Request_for_a_deposit_to_be_refunded_after_a_landlords_failure_to_protect.rtf

 

My first attempt at a link!

I know this is freely available information, but I just wondered if anyone can advise me if I am on the right track with this?

Thans

[Woodi79]

http://england.shelter.org.uk/__data/assets/rtf_file/0010/437887/D._Tenancy_deposits_-_Letter_before_action_after_a_tenancy_has_ended.rtf

 

Sorry, meant this link!

[mariner51]

woodi, invariably depoits are not returned on day of move out. LL is allowed ~ 2 wks to conduct inventory, calc fair wear & tear and estimate proposed deductions. LLs are entitled to holidays too.

Unfortunate your move out day was during a LLshort break for poss funeral or wedding etc.

IMO there was nothing stopping you putting keys in sealed envelope addressed to LL and putting them through property letterbox or LLs AST address for service of Notice etc with brief voicemail stating where they were.

Sorry about the overdraft charges but you had 1 year to save for next deposit & 1st month rent. Just hope LL had own set and not charging you for a locksmith.

 

Are you certain LL did not protect deposit in any of the schemes avail?

If 'yes' then you have 6 yrs from end of T to bring a non-protection claim via mutitrack route if you can afford the up-front Court fee (£1000+) and defence costs if you lose.

Simpler, cheaper method is to sue for return of deposit only via SCC

 

Whilst Registered Post allowed you to track package, if no one was in to sign for it, it would have been returned to destination sorting office to await collection. If not collected within 2 weeks it will be 'returned to sender'.

 

You acceptd £15 charge for alleged T damage, I cannot see anything to suggest your LL is treating you as a criminal. She has kept you informed recently.

[Woodi79]

Thanks mariner, i understand LLs have time to assess property e.t.c. which they allready did after returning from their first holiday on 11th June, we offered to drive up immediately to hand over keys but was told it was simply unnacceptable and we would have to do things on LLs terms only.. Notice was served but LL failed to arrange collection of keys and therefore we were advised to keep them for security reasons and to avoid 'abandonment' , despite not 'doing a runner'. LL tried to do us over for a lot of things, they have a very bad memory and no itinery/inventory, and LL did apologise for this after I explained everything ( basically we owe nothing and have damaged nothing and LL was happy with that). We were unsure of LLs current residential status and LL did not offer an alternative address for leaving keys, just refused point blank to meet us and said, on the 11th, that they would be on holiday again and would sort it out first thing today. This has not happened.

Regards the deposit scheme, no the money was not held in any scheme, I have spent today finding this out. As far as being treated like a criminal, its how we felt with regards to still holding the keys. We were informed it was in ours and the LLs best interests. We have had a reasonably good relationship with LL and cant understand why we are being treated this way.

We have rented for about 8 years now and never had any issues and always done everything by the book.

I hope I don't seem like I am being ungrateful in response to your reply, but I feel we have been very reasonable with our now ex-LL and they are just being obstructive without any real reason to be.

Thanks