Landlord deducting tenant's deposit for unfair reasons.

[tenantintrouble]

Hi All,

 

I'm a tenant. I have lived in a property for 2.5 years. Recently ended the tenancy. My landlord is now not returning my deposit because he is saying I have made some damages. I totally disagree to all his claims. Below is the series of events that happened in the order.

 

1. First day of the tenancy (D1) landlord, letting agent and I took the inventory before move in. I and landlord signed the inventory list but the landlord didn't give me a copy. I asked him few times but no response. Till today I don't have that copy.

 

2. Last day of the tenancy (D2) landlord and letting agent did the move out inventory check and I was quitely cooperating with them without any rush. After inventory check was complete landlord said there are no claims as everything is clean and clear. I took the photos of that move out inventory list from my mobile phone. I handed over the property keys. I left the property. But few mins later I realized that I forgot to take signature on the move out inventory check list. Then immediately I called the landlord to inform him that I forgot to take his signature on the inventory list. He said he will sign it and send me the copy. I sent him a text to confirm this. But he didn't reply at all that day. Till today I don't have that signed copy.

 

3. Next day (D3) he sent me a email with the big list of damages and said he will deduct £480 from my deposit of £1500.

 

4. I replied to him on that day (D3) saying I disagree to his claims, as I'm genuinely not responsible for those damages. I'm pretty sure he has damaged them himself and wants to suck money from me. I looked at repairing cost for them in internet and to fix all the damages he listed it will cost not more than £15. But he is claiming £480 which is ridiculous! His flat is nearly 30 years old so he wants to replace these things with brand new materials from my money.

 

5. Next day (D4) he sent me another big and threatning email asking me to agree to his claims.

 

6. That day (D4) I phoned the company who has secured my deposit. They insisted me to raise dispute against my landlord's claims. Subsequently I sent him an email stating I don't agree to his claims so I'm disputing this.

 

Now the questions I have are:

 

1. Am I following the right approach to get my deposit back?

 

2. As the landlord has made these claims after completing the inventory checks will he have any chance to win this dispute?

 

3. Can I use my text message which I sent to him on (D2) to prove that the inventory was completed by him satisfactorily?

 

4. Can the landlord claim for any damage which are identified after handing over the keys? In my case actually the next day after I handed over the keys.

 

Others things I want to share are during our stay at that property there were series of problems which he didn't fix despite reminding him several times.

 

Now I'm very stressed because of all these games he is playing. Please advise on how to get my deposit back without any significant deductions.

 

Almost every landlord causes such problems to most of the tenants when the time comes to refund the deposit. We have to change this culture! I don't like innocent tenants losing their hard earned money because of such rogue landlords.

 

 

Thanks.

Edited August 29, 2015 by honeybee13
Paras.

[f16]

Hi tenantintrouble,

 

Welcome to CAG !!

 

This thread will be better answered in the "residential lettings" forum.

No doubt it will get "moved" by the Site Team.

I wish you the best of luck.

Regards f16

[honeybee13]

Thread moved to lettings forum and some paragraphs added.

 

HB

[leonmassey]

The TDS is a joke, be prepared to lose your money. All in favour of landlords

[tenantintrouble]

Hi Leonmassey,

Thanks for your reply. Why do you say that TDS is a joke? If it is really in favour of landlord then what is the best avenue for me to get the justice on this?

 

Thanks.

[tenantintrouble]

Thanks f16. Do you have any suggestions for me with the situation I'm in now?

 

Thanks.

[leonmassey]

Apart from small claims court nothing. Part of the TDS process is that you accept their ruling as final. My personal exp was that we requested that we re paint to which the LL said yes, we then went another 2years with the new colours through inspection after inspection with it being written down on reportwithno issue raised to at the end of the tenancy to be charged for the house to be re painted at the cost of 100% of deposit as the tenancy hadn't been amended to show new colours despite having LL agreement. Complete con is the TDS system

[tenantintrouble]

Hi All,

I want to clarify one more question. My landlord has protected the deposit in an insurance based company called mydeposits.co.uk rather than the proper deposit protection scheme. Could this be of any benefit for me? Does anyone know if mydeposit.co.uk is mostly in favour of landlord?

 

please advise quickly, as I have very limited time.

 

 

Thanks.

[mariner51]

My Deposits Insurance Scheme is a proper Approved Govt scheme.

Most move-out inventories are compiled after T has returned keys and not present.

Leonmasey,your assertions about TDS are unfounded, libellous and potentially actionable.

In your case LL allowed you to change décor to suit your preference. Such consent did not cancel AST requirement that that you return the property approx. in the same move in condition, You did not comply so TDS awarded LL compensation for 'T damage'.

[tenantintrouble]

My Deposits Insurance Scheme is a proper Approved Govt scheme.

Most move-out inventories are compiled after T has returned keys and not present.

Leonmasey,your assertions about TDS are unfounded, libellous and potentially actionable.

In your case LL allowed you to change décor to suit your preference. Such consent did not cancel AST requirement that that you return the property approx. in the same move in condition, You did not comply so TDS awarded LL compensation for 'T damage'.

 

Hi Mariner51,

Thanks for your reply. Are you saying all the 'move-out' inventories are done after the tenant hands over the keys and moves out of the property? If yes, what do you say about landlords who make small damages themselves and claim for huge chunk from tenants' deposit? This is exactly what has happened in my case. In fairness the move out inventory should be done in front of tenant and landlord should sign the check list after this. Once the keys are handed over the landlord should not be allowed for any claims.

[leonmassey]

Mariner 51, I suggest you look up the definition of libel and actionable before posting ridiculous statements.

[mariner51]

#leonmassy

 

 

li·bel

 

(lī′bəl)

n.1. a. The legally indefensible (actionable) publication or broadcast of words or images that are degrading to a person or injurious to his or her reputation.

b. An incidence of such publication or broadcast.

[leonmassey]

That's good Mariner, now look up the phrase "fair comment".

To explain, in my experience and with the facts known to me I am more than in my rights to explain my opinion without it being libellous, in addition to this my opinion was about a process and not any one individual or any single organisation.

[honeybee13]

Guys, can I suggest that you carry on your libel debate by PM please? If the discussion goes technical or off topic, this can put off the OP and they stop viewing the thread. We've seen it plenty of times over the forums.

 

It would be kind if we could continue helping tenantintrouble.

 

Thank you, HB

[tenantintrouble]

Hi Guys,

Sorry if my questions have lead to this debate. Every one will have their own experience and opinion about a person or an organisation.

 

Now, please guide me to resolve my issue.

 

Thanks.

[mariner51]

Sorry about the detour TiT.

What I was saying is most move out condition reports are compiled after tenancy has ended, tenant contents have been removed and keys returned, all factors in assessing T damage charges. Tenants are not normally allowed to re-enter property after end of Tenancy. Whilst some LLs may try to claim FW&T as ' T damage', why would he damage anything?

T is not present for most move in reports but should have opportunity to make alterations to report within a few days without LL being present. (Sauce for the goose...). Equally for move out report T can contest any alleged T damage either at ADR or SCC.

No system is without fault but a liitle trust on both sides, can go a long way.

[king12345]

I've always compiled the inventories with my tenants present, signed it and given them a copy.

The one time I found a hole in a stud wall I fixed it myself and forgot about it.

The tenant was very apologetic and offered to repair at their expenses and that was a decent enough move for me to let it slip.

So, not all landlords are ripping off tenants.

In your case unfortunately you have made the great mistake of not getting a signed copy of the inventory, so the LL can claim what he wants.

Going through the DPS dispute process is recommendable, they don't get paid by LL so they don't automatically rule in their favour.

[tenantintrouble]

I've always compiled the inventories with my tenants present, signed it and given them a copy.

The one time I found a hole in a stud wall I fixed it myself and forgot about it.

The tenant was very apologetic and offered to repair at their expenses and that was a decent enough move for me to let it slip.

So, not all landlords are ripping off tenants.

In your case unfortunately you have made the great mistake of not getting a signed copy of the inventory, so the LL can claim what he wants.

Going through the DPS dispute process is recommendable, they don't get paid by LL so they don't automatically rule in their favour.

 

 

I wish I would have had a fair landlord like you. Thanks for your suggestions.

[tenantintrouble]

Sorry about the detour TiT.

What I was saying is most move out condition reports are compiled after tenancy has ended, tenant contents have been removed and keys returned, all factors in assessing T damage charges. Tenants are not normally allowed to re-enter property after end of Tenancy. Whilst some LLs may try to claim FW&T as ' T damage', why would he damage anything?

T is not present for most move in reports but should have opportunity to make alterations to report within a few days without LL being present. (Sauce for the goose...). Equally for move out report T can contest any alleged T damage either at ADR or SCC.

No system is without fault but a liitle trust on both sides, can go a long way.

 

 

No worries. Based on you guys suggestions I think it makes sense to take my case to ADR first. If I don't get a fair resolution for my dispute I will consult county court.

 

Thanks for your suggestions.

[mariner51]

What would you regard as a 'fair resolution'?

[tenantintrouble]

What would you regard as a 'fair resolution'?

 

Fair resolution in my case would be to get my deposit back in full, as I haven't caused any of those damages. All the damages list by my landlord are all done a day after I handed over the keys of the property to him.