Landlord not returning deposit

[Armit]

Hello All,

 

What will happen if my landlord and I am not able reach any agreement about the deposit amount to be returned. LL is having his own terms and conditions in order for us to even proceed towards sitting down to agreeing the costs. What will happen in this case? I am not ready to fulfill his terms.

 

So if the LL and T are not able to sit down and decide upon a figure, Will it taken as the entire deposit amount in dispute? My deposit is with DPS.

 

Thanks for your replies.

 

-Armit

[MartWig]

You should use the dispute resolution service provided by DPS. You should also request return of the portion of the deposit that is not in dispute and state that you are still in dispute over the remainder. Take advice from DPS before you do this.

[BRIGADIER2JCS]

Hello Armit,

 

Welcome to Cag.

 

Can you tell us please about the reasons for the dispute, others will be able to advise more fully.

[Armit]

Thanks Brigadier.

 

The LL wants me to pay the check-OUT inventory cost. I do not want to pay since he never got a check-IN inventory done. That's the bone of contention. He is saying that unless I pay the check-out cost, he will not send the report to me and any discussion around settlement cannot happen.

[BRIGADIER2JCS]

H Armit, as far a I am aware the LL is responsible for the 'checkout' costs, but it a 'protected' deposit cannot/must not be used to defray any costs other than for amounts becoming due to the landlord for damage to the property and or contents if the let is furnished, if there are no such cost the deposit must be returned in full on termination of the tenancy and the LL should pursue any other claims for fees and costs separately.

.

[raydetinu]

See Shelter site or .gov site for legitimate costs and deductions.

DPS will also confirm.

Claim your deposit direct from DPS and let LL claim his deductions which you can dispute and use ADR service.

http://england.shelter.org.uk/get_advice/paying_for_a_home/tenancy_deposits/deductions_from_tenancy_deposits

[mariner51]

Without a check IN report, LL will be hard pushed to make a claim for T damage on vacating T.

If he is threatening to deduct full cost of move OUT inspection from deposit, then raise a dispute with DPS ADR

 

How much is full cost of move out inspection? Offer to pay 50% 'under duress' to break the deadlock.

[Armit]

Hey Mariner, I have already offered him 50% (£55) of the cost, since a check-out closes the tenancy neatly which is in the interest of both T and L. He does not seem to understand that. I have spoken to CAB for some sort of mediation. Will update you further on this.

 

The LL want to use a check-in inventory report created three years back, when I had not even moved in the property. Can he use that claim damages?

Edited June 24, 2013 by Armit

[raydetinu]

He can only use a check in report/inventory that was done when YOU moved in and you agreed it! otherwise useless.

[mariner51]

AFAIK check in report can be done before T physically moves in to ensure all parts of LL property can be inspected without T clutter, provided T is allowed to annotate & return report within 7 days of taking possession. By the same token move out inspections should not be conducted before T has removed his contents

[Armit]

Thanks Everybody for the reply.

 

This landlord also kept the property not in a good state of repairs. There was a vent about (10cm x 10cm) in the kitchen through which drought kept coming in through out the winter. This led to increased fuel bill. How can I claim compensation for this. What will be the process and how can I quantify the excess bill caused by this vent.

 

I did inform the LL about the vent but he insisted that it was a actually designed to let fresh air in. I know he was telling a lie. What can I do? Please help me here.

 

Thanks.

Armit.

[raydetinu]

Vents in kitchens and bathrooms are there to let moisture out ( less condensation ), normally powered or one way with flaps so wind does not blow in. If it was a ,problem, you could just covered it up temporally?

[mariner51]

Air brick vents are normal in kitcnes, normall 1 near ceeilin, other at floor height to ensure air circulation, easy to fit plastic louvred cover. so no compensation

[Armit]

Mariner & Raydetinu, The bottom of kitchen unit was broken and that created a vent. I did keep the vent shut with a piece of cloth but that couldn't prevent the kitchen from cooling and I really had to struggle all winter while cooking.

 

Vents for air circulation were there in the attic anyway.

[Armit]

Hey Mariner & Other Senior members, Can you please advise me as to how to make claims related to disrepair of the property. How is disrepair quantified/expressed in terms of money?

[raydetinu]

see post 6 for shelter guide.

[Armit]

Hello Mariner/Raydetinu, The landlord has come back today claiming more than the deposit. That too given that he is referring to an inventory report three years old. With the current contract there was no inventory done. My money is with DPS. I have not received the inventory report as the LL wants full cost of the inventory.

 

Can the LL comes back claiming just any amount since we did not agree upon the inventory cost and thus there being no way for me to verify the inventory report itself? Will I end up having to agree to whatever inventory report is just because I could not verify it.

[raydetinu]

have you made a claim with the dps for the return of your deposit, if not do so now.

If there is dispute then you can let the adr service sort or take LL to court.

check out costs can not be deducted from the deposit and any deductions must be fair and reasonable.

[Armit]

Will I have to take the LL to court or it will be for LL to claim money from my deposit via court.

 

Also, if there was no inventory done at the beginning of contract, is it a liability on me?

 

Mariner/Raydetinu, Please advise. I am feeling uneasy about this question.

Edited July 5, 2013 by Armit

[raydetinu]

the first thing you need to do is claim deposit back from DPS, then they will check with LL about deductions.

If you cannot agree even with the ADR service, YOU need to take LL to SCC for return of deposit and let a judge decide.

If LL does not have a inventory/ condition report at the time you moved in he cannot prove condition, and therefore works in your favour.

[Armit]

Many Thanks Reydetinu for your input. Feeling relaxed and better-off now.

[Armit]

Hey Mariner/Reydetinu/Senior-members,

 

Just have this question. Can the landlord make a single claim for the cumulative damage that has happened over the last three contracts? Is there a time limit within which the LL has to come up with breakage claims?

 

Thanks

Edited July 5, 2013 by Armit

[Armit]

Hey Mariner/Reydetinu/Senior-members,

 

Just have this question. Can the landlord a claim now for the damage that has happened over the last three contracts? Isn't there a time limit within which the LL has to come up with breakage claims?

 

Thanks

 

Friends, Please reply to this.

[honeybee13]

Friends, Please reply to this.

 

Hello Armit.

 

I expect the guys will be along when they are able. Weekends are always quieter here.

 

HB

[The Carpet Cleaners]

he can claim for damages from the day you moved in, until the day you moved out.

 

He cannot claim for fair wear and tear.