Deposit Problems

[sheepy79]

This might be long, and compicated to explain....but here goes!

I started a joint tenancy on 30/06/07 ( 6 months) with my at the time boyfriend.
We signed an inventory with relation to furniture in the flat and condition of various items. This was signed and both me and the landlord have a copy of this.

At the end of november, i gave my notice to leave the property at the end of the tenancy (31/12/07), and therefore, my then ex partner did also.

Shortly after this an intenal glass window got accidently smashed, I called the landlord and of course offered to pay for the repair. She said she would get her handy man to do it, and i could justpay him in cash, everything seemed fine. However, the day before it was supposed to be fixed, she called and said that he couldnt make it and she would repair the glass and take the money out of the deposit (which i thought was fair enough at the time).

My partner had meanwhile decided not to pay the last months rent, and move out, so i called my landlord explained the situation, and we agredd that i would pay half the rent, and she would take the other half out of the deposit (again, i thought this was very fair).

Some friends of mine were looking for a similar flat, and so i put them in touch with the landlord to save her advertising, they agreed to take the flat, but only on the condition that the glass panels (one of which got smashed) in the spare room were replaced with wood panels.

I was going to be away on 31/12/07 and so agreed that i would move out before christmas and complete check out at that point, however, she later cancelled this check out and said we could do it after i got back on the 4/01/08 as the new tenants were not moving in til 15/01/08. I agreed.

I arrived on the 4/01/08 to my landlord with a list of items that she has already replaced in the flat:

Replacement net curtains for those missing (however, they were present, they just were not hung)
A replacement towel rail in the bathroom to replace one that fell off 1 week into our tenancy (this item was not on the inventory, and had it been i would have noted that it was falling off the wall-however, she has penciled it in on her inventory, but it is not present on mine)
A replacement seat cover (which i am yet to see as being 'damaged'...she said there were some marks on it)
A lamp (which again was not on the inventory)
And, of course the half months rent, and the replacement glass panel.


However, when i inspected the property as i was leaving, i noticed that the glass had not been replaced, but two wooden panels had been put in.

So, my questions:

1) Can she charge me for the net curtains, as they were present in the flat, she just couldnt find them (although i was supposed to be present at check out)
2) can she charge me for the replacement wood panels - as this is counted as 'upgrading the property'?
3) she also completed check out when i was still in my tenancy and without my presence....is this allowed?

any advice would be much appreciated....im sorry its so long!

[MrShed]

1) No
2) IMO, kind of - she can at least charge a portion of the cost of what the glass would have cost.
3) Yes - there is nothing saying that it was whilst you were in your tenancy (she could have performed it on the 2nd), and there is no requirement to have the tenant present during check out.

[sheepy79]

She informed me when i saw her on the 4/01/08 that she had been to do the checkout on the 30/12/07...and the receipts for the goods she bought prove this. Surely, this would have given me a day to tell her where the net curtains were etc. Also, I was not given notice of her entering the property on this date.

She has also done this before, she entered the property with no notice at all, and phoned me up and said 'its a little bit messy, i want my flat tidy'....im sure she cant say that!

[pcwilkins]

Hi

Quick question which may be relevant --- is your deposit protected in a TDS? If so you should have received details of it within 14 days of the deposit being paid.

Peter

[sheepy79]

Yes, it is protected, and i still have the confirmation certificate etc. What is my next move?

[pcwilkins]

If it is protected she cannot make deductions without your consent and if you refuse, the case will go to arbitration.

As an aside, she has already broken the law by entering without your permission and without notice on two occasions. This is classed as harassment and could be a useful bargaining tool for you. Make sure she knows that you know she has broken the law.

Peter

[sheepy79]

She claims she is sending me a cheque in the next few days with the deductions, i said at the time I would not accept it. She said she had to go, and was really busy.

One question, as it is protected, do i need to sign anything to get the deposit released?

[pcwilkins]

Originally Posted by sheepy79

She claims she is sending me a cheque in the next few days with the deductions, i said at the time I would not accept it. She said she had to go, and was really busy.

Do not bank the cheque --- if you do, I don't think it means you accept the deductions.

One question, as it is protected, do i need to sign anything to get the deposit released?

Not sure. What scheme is it in?

Peter

[MrShed]

If the cheque says, or is enclosed with documentiation that says, it is as full and final settlement, then you cannot bank it. Otherwise, it should be safe to do so.

[sheepy79]

I cannot remember exactly which scheme it is, but i do have the confirmation of it at home.

Presumably, she cannot just write me a cheque, and needs my consent to withdraw the funds from the scheme, the literature on the internet is very unclear about this?

[pcwilkins]

Originally Posted by sheepy79

I cannot remember exactly which scheme it is, but i do have the confirmation of it at home.

Presumably, she cannot just write me a cheque, and needs my consent to withdraw the funds from the scheme, the literature on the internet is very unclear about this?

I don't know. You will need to find out what scheme it's in and have a look at their website.

Peter