Please help : Bond dispute

[loshin]

Hi everyone,

 

I moved into a rented property 2 years ago on 1st May 2010. I paid the landlady £600 deposit. The tenancy has been fine and I really thought when I gave notice on the property that she would return the deposit without any problems. However, towards the end of my months notice she started getting very very awkward!!

 

She advised that the house should be re-painted before I left and that the gardens should be mowed. I advised that any marks on the walls were down to wear and tear and I didnt feel it was my place to re-paint. I told her I would be moving out of the property on 30th April. She told me that as this was a Monday she would not be available to collect the keys and that I should leave them with a family member. I did this on Monday night and emailed her asking when I would get my deposit back. She emailed back saying she would check the house today (2 days later!!) and get back to me. I have just had an email from her advising that there will be a delay in returning my deposit as in her opinion:

 

The two bedrooms will need re-painting as there are bits of blue tack on the walls;

The house will need to be professionally cleaned as she is not happy with it

The garden is over - grown (It isnt, I just havent mowed it for a few weeks because of the rain).

 

The depoist was never placed in a protection scheme so I cant go to them for help, but I really need this deposit back and Im really annoyed that she is now dragging her feet. Any advice???

[blitz]

Any inventory??

[loshin]

She emailed me an inventory a year after I took over the tenancy but that only had objects on it (fridge, toaster, kettle etc) No inventory on decoration or the buildings was done

[Steve__M]

The depoist was never placed in a protection scheme so I cant go to them for help, but I really need this deposit back and Im really annoyed that she is now dragging her feet. Any advice???

 

If your deposit was not protected then you are entitled to sue her to demand repayment or protection of the deposit. If you win you will also be awarded between 1 and 3 times the deposit (sum to be determined at judge's discretion).

 

This applies to ASTs in England and Wales that started after April 2004 and ended after 5th April 2012. iamnotalawyer.

 

http://www.swarb.co.uk/phpbb/viewtopic.php?f=20&t=13607

 

Perhaps if you inform her of this, she might be open to negotiation.

[mariner51]

L has until midnight 4th/5th May to protect deposit and avoid penalty but OP vacated T before deposit required to be protected under new rules for Ts commenced before 5 April 12. so max avail is return of deposit. IMO

[Steve__M]

I told her I would be moving out of the property on 30th April.

 

mariner51, can you clarify? Do you mean that you think OP needed to stay till 5th May, or did you get the date wrong for the OP moving out?

[Steve__M]

PS I assume that the moving out date of 30th April means the deposit *does* need to be protected and the Landlady has to protect it within 30 days of 6th April. So it might be worth not telling Landlady till the deadline passes - i.e. after the weekend

[mariner51]

On 10 Apr,a T existed that commenced before 5 April so LL had 30 days from 5 Apr to protect an unprotected deposit for T that existed before the rule change, but T terminated the Contract before 4 May so no contract now exists, hence previous rules apply, no penalty can be claimed once T vacated, only the orig amount of deposit, less any accepted deductions for T damage.

[Steve__M]

The Government website says:

 

Where a deposit taken for an assured shorthold tenancy before the 6 April 2012 has not already been protected in one of the government authorised schemes, the landlord or agent will need to protect the deposit within 30 days of 6 April 2012. If the deposit is not protected within that 30 days the landlord or agent would be subject to the full range of penalties under the amended legislation. This only applies to deposits which the Housing Act 2004 applies to.

 

I think if you merge

 

http://www.legislation.gov.uk/ukpga/2011/20/part/7/chapter/6/crossheading/tenants-deposits/enacted

 

into the Housing Act 2004 you will find that the new laws apply to tenancies that existed on 6th April, and also applies to tenancies that have ended.

 

i.e.

 

(5)After subsection (1) insert—

 

“(1A)Subsection (1) also applies in a case where the tenancy has ended, and in such a case the reference in subsection (1) to the tenant is to a person who was a tenant under the tenancy.”

 

Which I think applies in this case.

[loshin]

She is now saying she will deposit it this weekend!!!! Please tell me there is some light at the end of the tunnel in all this!! I dont want any more than my original deposit back ;-(

[mariner51]

Then just sue LL for return of full deposit. simples.

[Snorkerz]

I can see both sides in the argument between Mariner51 and Steve_M.

 

However, as the hearing would be after 5th May (obviously) then I think the new rules would apply. One area where a test case is required - but who is going to take it to the senior courts with the huge expense and a potential win of 1 x deposit?

[Steve__M]

If she protects the deposit then at the very least you can now get access to a free dispute resolution process where you both put forward your evidence.

[Snorkerz]

If she protects the deposit then at the very least you can now get access to a free dispute resolution process where you both put forward your evidence.

If the landlord agrees to use the arbitration service.

[loshin]

Hi everyone,

 

I moved into a rented property 2 years ago on 1st May 2010. I paid the landlady £600 deposit. The tenancy has been fine and I really thought when I gave notice on the property that she would return the deposit without any problems. However, towards the end of my months notice she started getting very very awkward!!

 

She advised that the house should be re-painted before I left and that the gardens should be mowed. I advised that any marks on the walls were down to wear and tear and I didnt feel it was my place to re-paint. I told her I would be moving out of the property on 30th April. She told me that as this was a Monday she would not be available to collect the keys and that I should leave them with a family member. I did this on Monday night and emailed her asking when I would get my deposit back. She emailed back saying she would check the house on the Wednesday (2 days later!!) and get back to me. I had an email from her advising that there will be a delay in returning my deposit as in her opinion:

 

The two bedrooms will need re-painting as there are bits of blue tack on the walls;

The house will need to be professionally cleaned as she is not happy with it

The garden is over - grown (It isnt, I just havent mowed it for a few weeks because of the rain).

 

She has since emailed me and told me that she didnt put it in a DPS but that she will now. Ive done some research and seen that she could from 6th April put it in as long as she did it within 30 days. Im a bit annoyed though:

 

1) She provided an inventory by post a year after I took over the house, but that was items not buildings or decoration;

2) She didnt come and do an end of tenancy check she did it 2 days later - how do I know she didnt mark the walls etc?

3) The house is now with a letting agency who have taken new photos of the house and it looks like alot of the work has been done!! Can she do this?

 

Please help, I really dont know what to do next. I just want my bond back!!

[Steve__M]

Probably best to add your extra questions to the end of your original thread:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?348455-Please-help-Bond-dispute%282-Viewing%29-nbsp

[mariner51]

2) She didnt come and do an end of tenancy check she did it 2 days later - how do I know she didnt mark the walls etc?

She did do the check, albeit 2 days later. Whilst it is best to do it with T present, LL is under no obligation. LLs don't sit around waiting for Ts to leave. Maybe something more important came up.

Why should LL mark her own walls after you left.

... it looks like alot of the work has been done!! Can she do this?

Yes, you have vacated the property and had opportunity to repair before you left.