Deposit being with held?

[Dan172]

HI there,

 

I found your site on google, Have had a good(2hours +!) read thorugh your previous threads and stickies.

 

I'm in a bit of a problem with my last house/flat.

 

Basically, it was a new build when we moved in, and we moved out exactly a year later.

 

There sre some marks on the doors, walls etc but i'd personally say they were from fair wear and tear, some of the links you have on the site don't work anymore, so can't find out anymore about what is classed as fair wear and tear? Are cracked driveway bricks classed as fair wear and tear? also, the driveway is in a communal courtyard all part of this new build, the final tarmac layer has not been layed, meaning there is expesed drain covers/iron works, this resulted in my car hitting its sump and promptly emptying its contents also resulting in a catastrophic engine failure, am I in any right to claim for the £3300 receipt i have for this engine failure?

 

I have read through, and seen that;

1. I should receive information on the deposit scheme used

2. Deposit return should be agreed with in 10days.

 

1- I did not receive anything about the deposit scheme used, and I Phoned my letting agent, who said he uses tps or dps(phone line wasnt the best, he was also 'in a hurry') So I rang All 3 protection schemes, who are listed on Direct gov, none of which have any record of my deposit!? are these the only 3 schemes?

 

2- today is the 11th day, and all i know is he is disputing it?

 

Any Advice much appreciated!

 

Dan

[DisgruntledTenant]

There are only 3 schemes. I suggest you send him a Letter Before Action requesting the full return of your deposit within 7 days...

[Dan172]

Brilliant thank you.

 

I assume there's no way that he has covered it and that its not showing up on any of they're systems?

 

I gave them my post code and house number, they all say they have no record.

[DisgruntledTenant]

Brilliant thank you.

 

I assume there's no way that he has covered it and that its not showing up on any of they're systems?

 

I gave them my post code and house number, they all say they have no record.

 

Write to each of the TDS's if you like, and they will write back to you with documented proof that its not protected. That is sufficient to prove that its not protected. They usually reply within a couple of days. Probably worthwhile doing it, as if it comes to court, the LL cant argue that he has protected it.

[Dan172]

Edit, just rephoned the tps, and remembered it may have been registered under 'plot 2' and it is, so he has registered it.

 

I know this now significantly changes whats said above.

 

As i said, i did not receive a certificate of cover or anything, so does this still count that i received the information needed?

 

What about the engine receipt?

[DisgruntledTenant]

Edit, just rephoned the tps, and remembered it may have been registered under 'plot 2' and it is, so he has registered it.

 

I know this now significantly changes whats said above.

 

As i said, i did not receive a certificate of cover or anything, so does this still count that i received the information needed?

 

What about the engine receipt?

 

No idea re engine.

 

And yes, you should have received the presribed info. Its part of his legal responsibility. Note he can give it to you at any stage before the trial to avoid the penalty.

[Dan172]

Ok, well Thank you very much anyway! I assume i still fire in the letter before action?

[DisgruntledTenant]

I would chase up the TDS and see where your money is. Not sure if its worthwhile going to court for the 3x as all the LL has to do is give you the info before trial and you lose (and could face costs).

[Dan172]

Aye, they didn't even know there was a dispute until I rang them about 20mins ago!

 

The thing is the flat being a new build, and the LL is apparently really anal about stuff, that tbh another landlord has classes as fair wear and tear(i've had an independant inspection). He has put it back up for sale, so tbh, it looks like he is trying to get us to spruce it up for sale.

 

I also know one of the builders of the flat who can back me up, as he has told me that the flat was used as the builders rest area etc, and that the walls were patchy, as I stated in my inventory. Does my intentory mean anything against the one the LA Did before i moved in?

[Dan172]

Right... I am Now in possession of the list of 'faults' listed by the LL.

 

"External

3nr Block paviour Damaged

surface damaged in 2 places on block paviour

render stained by tap(outside)

paving stained and dirty

 

Hall

wall marks general

front door damage to frame

carpets stained on treads

Bulb to hall

Hand rail to be refixes(i've got pictures of this when we moved in broken)

 

Bed1

New bulb

general wall marks

 

Bed 2

door damaged - 3 scratches(i've had a look and cannot see them!?)

 

Bathroom

Pop up waste needs adjusting

 

Kitchen/Lounge

Lounge carpet dirty

wall paint wrong colour (Odd, as we have not done any paint work)

Plinth damage/misaligned

floor damage to lino (there is now a cut there that wasn't when we left)

rhs end unit damaged(again, it wasn't when we left)

Hob switch top broken (fair enough, i'll glue that on)

Work top scrathed in 2 places

Radiator Damaged (has 1 very small chip(2mm tops)

 

General

Clean carpets

Paint to walls has been touched up with wrong colour paint (as above, we've not done ANY paint work.)"

 

From what I can see, he's trying to get it back to new. its now been 12 days since we moved out, we had an initial inventory that I filled out aswell as the agent, I listed the walls as patchy - where do I stand there?

 

I'm going to send him an LBA stating that I have had 2 independant LL's look at the property and they believe its in very good condition, having been lived in for a year and any marks are fair wear and tear.

 

Also, the bulbs all work, so have no idea what he is on about, also the LA checked them when we moved out.

[DisgruntledTenant]

If your deposit is protected (which I think you said it was), shouldnt you be writing to the people that are holding your deposit (not the LL) ?

[Dan172]

Its the LL who is listing all of the above, so thought i'd have to write to him before taking court action?

[DisgruntledTenant]

I guess you should discuss these things with the LL, but you wouldnt be going to court would you? Why would you not use the free arbitration service provided by the TDS where your deposit is held?

[Dan172]

I am thinking of taking him to court for the damage caused to my car by his unfit for purpose driveway, so was going to include this in the claim.

 

was writing it to him, mainly to see if i can scare him into just paying up the deposit and the bill for my car.

[DisgruntledTenant]

I am thinking of taking him to court for the damage caused to my car by his unfit for purpose driveway, so was going to include this in the claim.

 

was writing it to him, mainly to see if i can scare him into just paying up the deposit and the bill for my car.

 

Well good luck with that.

[Steve__M]

Was a detailed inventory done when you moved in? If not, the landlord may have difficulty claiming anything.

 

Note that claiming it was a new build so was perfect should not be good evidence (having bought a new build myself).

 

Were you the first people in there? Is there evidence of the landlord checking for issues and getting the builders to resolve them? Again, most new properties have issues that sound like the ones your landlord has described.

 

For the car damage you might be better off tacking the builder if it was a communal courtyard.

[raydetinu]

Did you claim on your car insurance thats what its for!

I presume the roadway is private and has not been adopted by the council? If you cant claim on your car insurance and I dont see why not you will have to sue the builder.

[Dan172]

I'm a young driver, hence not wanting to claim for a £3.5k engine! dont want to loose the ncb i've built up.

 

He has FINALLY put through a 'quote' we have an £823 deposit, he is trying to keep £585. we moved out on 31/07/09 today is 25/08/09. he also hasnt returned the remainder of our deposit.

 

He has written up a quote himself for the guy who works for him. is he allowed to do this as this isnt a genuine quote. also, the 'quote' is not for a £585 its for £460. he is clai9ming for lino £85 scratch to work surface £35 and the little sit on buttion on the hob £5.

 

I've notified the TPS about the dispute and they are sending through relevent forms.

 

My ex LL is the property developer/builder of the property. He is now stating he doent accept responsibility as my car is 'modifed' well it gets over speed bumps no problem, but, cant negotiate his exposed iron works. so once we have our deposit back i'll sue him for my engine.

[Dan172]

edit, sorry for the lack of grammar, has been a very long day at work.

[Dan172]

Anyone able to help?

[raydetinu]

You dont have to wait for the dispute but it is binding, you can still take him to court for the return of your deposit, write and give 7 days to respond or you will take him to court ( small claims ).

As for the car your best route is your insurance, if they feel they have claim against the builder they will take him to court; they will try and get their money back if they can, and if they do you will get your ncb back, or you can take him to court for that two, but I expect as you could see they were there you may be asked why did you not avoid them!