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

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

15:18 PM, 25th April 2014, About 10 years ago 18

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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


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Comments

Industry Observer

9:12 AM, 26th April 2014, About 10 years ago

Hi Romain

Yes he could if he doesn't mind losing and footing the bill.

If the evidence was that persuasive then on taking advice herself Bee should give in. But it won't be and it won't matter because there is no schedule of condition from the start of the tenancy signed by Bee to compare against at the end of the tenancy.

What is the Judge supposed to judge?!!

Sally T

9:21 AM, 26th April 2014, About 10 years ago

Do you know who the landlord was and spoke to them about this without going through agent. He may be happy to give you your money back instead of been taken to court. He may want to change letting agents whilst he's at it !

Bianca B

9:28 AM, 26th April 2014, About 10 years ago

Yes I have spoken to the landlord direct he has showen me emails from he letting agents and also said he is not happy with their managment of the property, he said they were quick to point the blame on me
He asked the letting agents for 2 months rent as compo but they never replied
He also has asked for an inventory in witch they can not provide him either.
The letting agents refuse to talk with me so I think by the looks my only option is to see a solicitor?

Rob Crawford

11:03 AM, 26th April 2014, About 10 years ago

Hi Bee, as stated above, the law is clearly on your side. A simple straight to the point letter sent to the Principle of the Agency that states: your grievance and, assuming they are registered with an Ombudsman scheme (it will be either The Property Ombudsman or Ombudsman Service (Property), tells them that you will now be taking your complaint to the Ombudsman. If they are not members of an ombudsman scheme (check the member listing on the web sites), then I suggest a letter from a solicitor that threatens court action. I doubt they will wish either. Good luck.

Sally T

11:45 AM, 26th April 2014, About 10 years ago

I wonder how many other people the letting agent have done this too, especially having post sent to the wrong address so they got your deposit !

Ian Narbeth

9:05 AM, 28th April 2014, About 10 years ago

Bee, two points. First you say the landlord is not happy with the agents. Ask him to take responsibility for HIS agents and compensate you. Second, if he will not do so, see a firm of solicitors and get them to write a "letter before action" to both agent an landlord demanding the return of the deposit and claiming for three times the deposit for failure to protect the deposit. In a second "without prejudice" letter offer that you will settle for the return of your deposit and £[you decide] if payment is made within 28 days failing which you will take legal action. It is often the case with incompetent bullies that they back down immediately they see their victim is professionally advised.

Ian Narbeth

17:47 PM, 28th April 2014, About 10 years ago

Reply to the comment left by "Sally T" at "26/04/2014 - 11:45":

The Prescribed Information form which the agents failed to serve should contain a forwarding address for the tenant when the tenancy ends. Did it? The courts will take a dim view if the agents have mis-directed correspondence.

Bianca B

18:46 PM, 28th April 2014, About 10 years ago

Reply to the comment left by "Ian Narbeth" at "28/04/2014 - 17:47":

Hi there they ha been sending documents to the address that I had moved from they Apprently sent it there in hope that I had forwarded my mail.. They had my telephone number email address as well I have always been good at conunicating with them I always email back the same day.

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