Rental Deposit – Tenant Seeks Advice
I was renting a property as we were renovating our own property. We took very good care of the house and had it professionally cleaned before we handed it back to the estate agency, who was happy but requested that the external drains be cleaned and the grass cut. Both were done.
After that began a long set of emails with rubbish claims from the owner such as there are weeds in the garden, cracks in the outdoor tiles (which I had not noticed and are not in the inventory – it was winter so we never went out) and loads of other things such as saying there was a smell of cigarettes even although we do not smoke.
I have tried hard to get my deposit back and even offered to give £200 from it to avoid the hassle and time wasting but the landlord wants the lot.
The estate agency is doing nothing.
Should I go to the dispute resolution or court and how do either of them work and are they any good?
Thanks
Dr Ahmad Aziz
Comments
Have Your Say
Every day, landlords who want to influence policy and share real-world experience add their voice here. Your perspective helps keep the debate balanced.
Not a member yet? Join In Seconds
Login with
Previous Article
Tenants house is a mess - help!Next Article
Time between N5B form and Court Case?
Member Since June 2013 - Comments: 704
12:17 PM, 17th July 2014, About 12 years ago
I can’t comment on this response until monday but interesting that agent stated ADR would be needed probably befre these new scheme rules July 2014 version came in.
But why does the estate agent now say 50% reduction if as you say at the check out they were happy with you addressing the drain and lawns which you did. Where is the justification for the Landlord wanting £500 retained?
You really must demand some answers of the agent IN WRITING Ahmed.
I would suggest Ahmed goes to ADR, if the Landlord refuses then my guess would be DPS would be sympathetic to a 6 months default payment of £800 but that is far from certain
Member Since June 2014 - Comments: 33
1:17 PM, 17th July 2014, About 12 years ago
Does email not consider to be in writing?
Member Since June 2013 - Comments: 704
1:53 PM, 17th July 2014, About 12 years ago
Yes for this purpose but what I mean is what is the agent saying in those emails? What are the reasons the Landlord (he says) is giving to him as to why £500 should be retained, when he had agreed £200 or the cost of those two items with you?
Member Since August 2013 - Comments: 883
2:41 PM, 17th July 2014, About 12 years ago
Reply to the comment left by “Ahmed Aziz” at “17/07/2014 – 11:23“:
At the moment you simply seem to have a standard disagreement about proposed deductions, and you should get to the DPS’s website to initiate the normal procedure by submitting a so-called “Joint Repayment Form”.
See:
https://www.depositprotection.com/help/browse/custodial/agent-landlord/repayments
Member Since June 2013 - Comments: 704
3:43 PM, 17th July 2014, About 12 years ago
Agree 100% Romain
In fact completing the form now and dated mid July may help the case for the default payment undet July 2014 rules should it come to that.
Member Since July 2013 - Comments: 1434
5:13 PM, 17th July 2014, About 12 years ago
Reply to the comment left by “Ahmed Aziz” at “17/07/2014 – 11:28“:
From this comment and your previous comment it sounds like you should not be expecting or agreeing to any deductions (if the grass and drains were the only issues).
Member Since June 2014 - Comments: 33
7:56 PM, 17th July 2014, About 12 years ago
I have initiated a repayment form for the whole amount which the landlord refused so I initiated a resolution by the DRS and am waiting for the landlords response. That was a week ago
What I still don’t get (am imthick) is:
1. what’s this 6 month thing
2. If landlord refuses to use DRS is it up to the landlord to go to court within 6 months or me the tenant
Member Since July 2013 - Comments: 128
10:16 AM, 18th July 2014, About 12 years ago
I gave my advise on page two and stand by it. If you had followed it you may well have your money back by now, if you are genuinely not at fault here.
The fact is, the landlord doesn’t need to do anything other than refuse and can delay what seems to be indefinitely and you’ll have to go to court eventually anyway if he doesn’t agree to release your – I REPEAT ….. “YOUR” money.
Just stop phaffing about … get a small claims plaint and get on with it…… If you are in the right you will win with all costs and expenses, if you are in the wrong you will have to pay for all costs and expenses. Make your mind up … are you genuinely in the right or not ??
Apologies if I sound unsympathetic but I don’t suffer fools etc, etc ………..
Oh – and if you haven’t done so already, I suggest you make a contribution to the site as I think I saw suggested earlier. If I were in the business of selling advise (i.e. a solicitor), I would probably charge you £200 for the advise I have given you alone and as you are a Dr I presume you get well paid for what you do, certainly well enough to rent a property while re-furbishing your own, which only a minuscule number of the general population can afford to do.
Member Since August 2013 - Comments: 428
11:09 AM, 18th July 2014, About 12 years ago
Reply to the comment left by “r01 ” at “18/07/2014 – 10:16“:
Good, robust advice in my opinion. What baffles me is that the landlord has nothing to gain by procrastination – the money will continue to be held by the DPS until the matter is resolved.
Member Since July 2013 - Comments: 128
12:22 PM, 18th July 2014, About 12 years ago
We are only hearing one side of the story…. Shame the landlord can’t counter it, but that’s exactly what the deposit scheme &/or courts are there for.
That’s why I suggest he go straight for action with a plaint – if he is in the right he has nothing to lose seeing it through to small claims action (I can’t believe the landlord won’t settle long before then), and could save ooooodles of time currently spent on forums seeking free information. He has nothing to lose if he’s in the right as we all know the law is automatically biased in favour of tenants.
The problem with responding to questions on forums is we rely on the honesty/integrity of the questioner. We can only do our best given the information they choose to impart.
R