Contesting unreasonable retention of rental bond/deposit?

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  • Contesting unreasonable retention of rental bond/deposit?
  • Premier Icon DezB
    Subscriber

    DezB have you been given your prescribed information?

    England. What’s that?
    They gave me an inventory, with photos. I gave them some updates when I moved in.

    Just checked the agents: Your Tenancy Deposit will be held as Stakeholder in accordance with the Tenancy Deposit Protection Scheme, which means that it can be released as soon as
    both parties agree. (please refer to your Tenancy Agreement)

    Sounds reasonable?

    larrydavid
    Member

    I don’t really have anyhting constructive to add but having been screwed by money grabing letting agents/landords….

    Letting agents really are the lowest of the low – little better than common theives. They also seem to be run by the dimest people on earth. Sometimes I wonder if they operate as some sort of sheltered employment for the chronically thick and morally vacant.

    toys19
    Member

    DEZB Yeah thats bollocks. They have to have given you the prescribed info, which is a certificate that details which DPS scheme provider your deposit is with, and a sheet of info from the provider about how the dep is protected etc. The agents are dummies if they cannot just email you this. Anyway If it has not been done within 30 days of you recieving the deposit then they are potentially in the poo. Where in england are you? I can point you to some help.

    larrydavid – I agree!

    Premier Icon DezB
    Subscriber

    Thanks toys19 – I’m in Hampshire.

    soma_rich
    Member

    What about damage brought about by the agents/landlord not fixxing things in a timely manner?
    For example,
    leaking tap in bathroom took 3 weeks to fix result rotten floor and stain in kitchen ceiling.

    How do I make sure I dont pay for this?

    toys19
    Member

    dezb – I’m in devon, local solicitor would have been ..

    If the property is left immaculate (or at least in the same condition as it is found) then the net effect is zero. However, if there are remedial works required then the landlord has been screwed. Generally speaking here – not in this instance.

    Not sure of the intent of your wording, but am gonna use your quote to make a point – the property does not have to be ‘immaculate’ or ‘in the same condition as it was found in’.

    Landlords should not use the deposit to perform maintenance on defects that can be attributable to reasonable wear and tear. Many do, however, think the deposit is there to cover this.

    Its unreasonable for a Landlord to expect a property to be vacated after a year in identical condition to the begining of the tenancy. Walls get marked, carpets wear through daily use etc.

    toys19
    Member

    Its unreasonable for a Landlord to expect a property to be vacated after a year in identical condition to the begining of the tenancy. Walls get marked, carpets wear through daily use etc.

    Yup, and this has been proven in the courts time and time again.

    Premier Icon seosamh77
    Subscriber

    what’s the story if you cause more damage than your deposit?

    toys19
    Member

    well I think you are still liable, you either agree what you think and pay or the LL would sue I guess?

    edlong
    Member

    Interesting thread, as I’m currently renting for the first time since the early 80s! Have been told the agents can be buggers for getting deposits back.
    Can you get them round in advance of moving out – to tell you what needs sorting and thus avoid arguments about the deposit later?

    A bit late if you’re already in, but my advice would be, if it isn’t part of the agreed inventory signing process already, take photos when you move in. Lots and lots of photos of absolutely everything. Get it witnessed, or registered post yourself copies (and don’t open the envelope on receipt unless needed later on, in which case, have it opened in the company of a solicitor or similar).

    Premier Icon DezB
    Subscriber

    They have to have given you the prescribed info, which is a certificate that details which DPS scheme provider your deposit is with, and a sheet of info from the provider about how the dep is protected etc. The agents are dummies if they cannot just email you this.

    The agents are good at replying to emails. How can I mention this to them without sounding like a smartarse?!

    I’ll check what’s in the tenancy agreement later.

    Premier Icon cb
    Subscriber

    kingisdead – there’s not enough hours in the day to type enough to satisfy the degree of pedantry on here!

    Of course wear and tear is acceptable – landlords get allowances for this in their tax returns and that wouldn’t be classed as remedial. An example of what I am talking about is that if a fridge is perfectly clean when a tenant enters, it should be clean when they exit 6/12 months later. Same for cooker etc – filth is not wear and tear. Broken windows might be a better example.

    Renting shouldn’t cause issues but it is clear in the OP’s case that he is being screwed. Every time this happens the outraged of this forum start spouting crap about all landlords being scum. Its just common respect – I don’t expect my tenants to hover above the carpet and not wear it out but if their kids paint all over a radiator then I damn well expect them to sort it.

    Premier Icon DezB
    Subscriber

    What if, for example, the toilet seat brackets were (yes!) painted silver to hide the fact they were skanky and the silver paint has now flaked off…. (the place isn’t as bad as it sounds!).
    Should I replace them now, or risk having £100 nicked from my deposit?

    toys19
    Member

    dezb.
    The onus is on the landlord to protect the deposit in the dps scheme and give the prescribed info about how it is protected. If he has not done this (and you moved in since april 20007, when it started) then he is in breach and is potentially liable for up to 3x deposit. Given that you do not appear to be aware then either:
    a) You have the prescribed info in your bumpf from the LL and have not looked at it – in which case the LL is not in breach
    b) He has protected it but has failed to furnish you with the prescribed info – he is in breach
    c) he hasnt protected it.

    You are not a smart arse, just ask them where the prescribed info is, and why you have not had a copy (after searching your files to ensue you do not have this already).
    If it turns out that they have not given you the prescribed info then seek legal advice and sue. If it turns out the have not protected it at all then also seek legal advice and sue. Punish them for being crap and get some free money.
    Or apologise in public when you find that thyey ahd given you the info all along..

    With regards to tHe bog seat, take pics and let the LL/agent know, and then move on. They will not be able to charge you for having paint stripping piss vapour, we all have this.

    Premier Icon DezB
    Subscriber

    Will do – cheers.

    Of course wear and tear is acceptable – landlords get allowances for this in their tax returns and that wouldn’t be classed as remedial.

    This is interesting. Worth going in all guns blazing to the agents?
    Again, I’m just trying to work out what’s fair. I believe in paying my way and if stuff needs fixing then fair enough. If he already gets tax relief for wear and tear then he’s definitely being a bit cheeky.

    Edric 64
    Member

    When you moved in you should have been given a DPS certificate with two codes on it .They cant get your money from it for the deposit without you agreeing unless they go to court .I have just left a rented place and released the deposit to he landlord because I owed him some money for utilities

    Premier Icon tomhoward
    Subscriber

    Right, I’m moving out of my rented flat in a couple of weeks and this thread has made me a bit nervous!

    Been in the property 4 years and IMO been the perfect tennant. I have asked for nothing from the landlord (havent needed to) and always paid rent on time, even had to chase the landlady for her payment details!

    Anyway when I moved in there was no bathroom cabinet/mirror in the bathroom so I asked if I could put one up (after struggling without for a month without!), saying I didnt mind leaving it when I left and, after a bit of confusion (letting agent telling the landlady that I wanted her to put one up… that didn’t go down well!) she agreed, so up one went. Fast forward 4 years, the letting agent and the landlady’s fella came round yesterday for a pre leaving look around and the cabinet was mentioned, I said they could have it as I’m moving into a fully fitted out place. They want me to remove it, and fix any damage! Can I tell them to do one? Who wants a bathroom with no mirror or cabinet? Also finding paint (brown) to match the wall will be near on impossible!

    Premier Icon cb
    Subscriber

    Flying Ox – back to your issues. Yes landlords get tax relief for wear and tear – I ‘think’ it is 10% of gross rental income per year (someone else might correct that). 24 man hours at £19ph is just silly for gardening, £15ph for cleaning is also high and as for £110 to paint a door frame (that’s a days work for a painter).

    Not all landlords are cocks – yours is. Fight it calmly and patiently and you will get most of your cash back.

    Premier Icon cb
    Subscriber

    tomhoward – re-decoration would be expected after 4 years of you living there, your landlady should sort that (as long as you haven’t gone all Banksy over their walls). The agent should have a record of your request for the cabinet? Brown walls eh? Nice…

    Premier Icon tomhoward
    Subscriber

    lol, single brown wall, evidently that was the fashion 10 years ago. Along with the artex ceiling.

    vickypea
    Member

    I took a landlord to the small claims court over unreasonable retention of my entire deposit. The letting agency were no use whatsoever, but when we went to court, the landlord was ordered to pay me my deposit in full. Not a pleasant thing to have to do, but necessary.

Viewing 23 posts - 41 through 63 (of 63 total)

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