Landlord not able to provide inventory – deposit withheld – PI not given!

by Readers Question

15:18 PM, 25th April 2014
About 7 years ago

Landlord not able to provide inventory – deposit withheld – PI not given!

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Landlord not able to provide inventory – deposit withheld – PI not given!

I have been disputing with a letting agency about how they have handled my old property, I took out a lease on the 01-01-12. I signed a brand new lease and gave them £850 deposit

They did not lodge my my deposit within the correct time frame (by Nov 13 2012 the cut off) it was received on the 26-11-12

I have only just found out where it was being held and that they have taken the deposit for so called damages. They also only deposited £815 not £850.

I have asked for the inventory that is signed by both party’s as outlined on page 2 of my tenancy agreement, they can not provide me with this as one was never done. I found out that they simply wanted to fit new carpets and decorate to gain a higher rent but blaming me saying I caused damage. I have pictures and the property is how I left it. Rent up to date

Can someone advise me where I stand ?

I have read elsewhere that they are already in breach by not lodging my deposit within the time frame and by law are required to let me know where it was?

Many thanks

Beedeposit withheld

Comments

Neil Patterson

15:43 PM, 25th April 2014
About 7 years ago

The law really is on your side in this scenario

A) The PI was not given to you
B) The amount deposited was incorrect
C) there is no inventory to back up claims on your deposit

It depends on how far you want to take it but if the letting agent has any sense they will give you your deposit back straight away if the above is pointed out.

Ian Narbeth

16:05 PM, 25th April 2014
About 7 years ago

Was the deposit lodged with a Custodial Scheme or was it insured? If Custodial, how did they get it released?
There is now a 30 day time limit to lodge the deposit. It used to be 14 days. The Landlord must also serve "Prescribed Information" on you. If the deposit is lodged out of time and/or the Prescribed Information is not provided the court can in its discretion order the landlord to pay the tenant up to 3 times the deposit. The threat of this may be enough to get the agents to repay. Write to them and draw the rules to their attention and give them 14 days to repay in full failing which you will instruct a solicitor to (a) recover the deposit in full and (b) seek the 3x penalty. Send a copy of the correspondence to the landlord direct.

If there is a dispute about the condition and no inventory, the court is likely to find in favour of the tenant.

Industry Observer

16:34 PM, 25th April 2014
About 7 years ago

This is an open and shut case if what Bee says is all correct

Neil is 100% correct in his brief assessment

Ian - two points

First Bee says the agent has spent the money therefore it could not have been in Custodial

Second your final comment. I can assure you 100% of the time a Scheme or a Court will find for the tenant if there is no inventory, because the Landlord has no evidence. Frankly it could have been a 5 bed mansion palatially furnished and Bee could have nicked all the Landlords goods and he couldn't have done anything about it.

This is an open and shut case Bee. Tell the agent you will accept £1275 and not proceed to Court - the deposit and a very generous x1/2 for your distress and to teach them a lesson.

Ian Narbeth

17:01 PM, 25th April 2014
About 7 years ago

Reply to the comment left by "Industry Observer " at "25/04/2014 - 16:34":

Thanks Industry Observer. I asked the question because I was puzzled about the comment that they "deposited £815". Bee may have meant they insured only £815. I have learnt to "Never Assume Anything".

I might have said "almost certainly will" rather than "likely to" but litigation is rarely "open and shut". If a tenant were patently lying and/or the landlord had other evidence, e.g. photos or invoices for newly purchased goods that were missing, the case might go against the tenant.

Ian Ringrose

17:08 PM, 25th April 2014
About 7 years ago

One point,

No inventory is not the same as no evidence.

There may be dated photos that the agent took for marketing, invoiced from a painter or carpet fitter etc. Not having an inventory just makes it harder for the landlord to prove the state the property was in when the tenants moved in.

In the not the end of the would not having an inventory if the tenant has removed the kitchen and all pipe work, however good luck proving minder damage without a detailed inventory.

Gary Nock

17:15 PM, 25th April 2014
About 7 years ago

Mmmm. No Inventory. Not protected in 30 days. Unilateral deductions for damages. I know you cannot name the Letting Agent. But it sounds like Fred Carno Lettings. Speak with the deposit scheme whether MyDeposits or another and raise a dispute. And a letter reminding them of the penalties as per IO would not go amiss.

Bianca B

18:03 PM, 25th April 2014
About 7 years ago

To clarify I paid the sum of £850 for the deposit.
I never had knowledge of where my deposit was being held
When I did find out 10 months after I had left the property I found out that
A- they had only lodged £815 not £850
B-that this was late
C-they then made a claim for the deposit (the mail was sent to that property) I was told because I did not respond within 30 days that my deposit was given to the letting agents.

I am a bit confused as they had my full contact details phone number emails so its not as though I was uncontactable?

Bianca B

18:06 PM, 25th April 2014
About 7 years ago

Reply to the comment left by "Gary Nock" at "25/04/2014 - 17:15":

I have been informed by mydeposits Scotland that it was lodged late and taken its now up to myself to seek legal advice as its out of their hands

Industry Observer

22:45 PM, 25th April 2014
About 7 years ago

To Ian Ringrose and anyone else

Trust me - no inventory waste of time making any claim against the tenant in anything other than the most bizarre of cases.

All three Schemes have commented to this effect on their websites.

Where is the evidence of what the tenant signed for as condition and content of the property? The Landlords mate who is a photographer/decorater/carpet fitter/plumber?

Please let's all try and live in the real world it's hard enough winning a dispute at ADR or in Court even with rock solid evidence.

Romain Garcin

9:03 AM, 26th April 2014
About 7 years ago

The landlord could go to court instead of adjudication if he thinks his evidence will be better received there.

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