LL claiming for 'damage' from unprotected deposit

[ocdhoarder]

Please can anyone help as I can't function on another sleepless night... we moved out of our rented property on Sunday 23rd March

We've always thought we had a decent relationship with our LL and although the decision wasn't our own we moved etc to accommodate them returning to the property themselves, our previous 12 month AST had expired and nothing put in place, they gave us 2 months notice.

When we moved in we mutually agreed we could redecorate 2 of bedrooms, all at our own cost, they now wish to withhold some of our deposit to pay for them to be redecorated again to suit their own personal taste, they are claiming this is what we agreed, neither of us have anything in writing.

They have since been in touch again with a list of very minor or completely made-up issues with the property, mostly being general wear and tear or stuff they agreed we could do... we welcomed their inspections every 6 months and they never had an issue with us putting the coat hooks behind doors etc

They have told us that our deposit is not and never was registered into a protection scheme

We need our deposit back to be able to move to another property but also because we believe that money is rightfully ours! We are good tenants, rent always paid in full on time etc

My husband wants us to move back into the property, (we have realised that my mum still has a set of the keys) and he believes we are within our rights to do this, I'd don't want to aggravate the situation, I just want our deposit back, if it makes a difference our rent/deposit was £995pm and we lived there since Sept 2011, we found the property through an agent but it has not been managed by them.

I am in the process of preparing a LBA but would REALLY appreciate any advise, suggestions and recommendations

many thanks for your time

[raydetinu]

well, if deposit not protected then they had no right to ask you to leave? invalid S21 ( if that's what they gave you. )

Suggest In your LBA you can point out that it was illegal not to protect deposit and you could possibly sue for compensation.

however if they return deposit in full, you will not take this further and give them 7 days to respond.

You could move back, but don't know what repercussion's that would have?

Did you agree to leave in writing? do they know they you have left? you would have to change the locks?

Is it worth the hassle if you have moved all your stuff out and are settled somewhere else!

[The Carpet Cleaners]

Also, was there an inventory or any form of evidence of the place when you moved in?

If not LL has nothing whatsoever to prove that you have changed anything or caused any damage.

[Steve__M]

They have told us that our deposit is not and never was registered into a protection scheme

 

How did they tell you this? Is that recent? Is it in writing?

 

A letter or LBA is the way to go.

 

If you move back in they will just call the police, and it could get messy. While their Section 21 was not legitimate, you did move out. It would have been better not to move out in the first place.