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Found 2 results

  1. Hi, As requested by stuckin2up2down, I decided to provide some details about how I've been pursuing my former landlord for deposit protection details and, potentially, for compensation. My fixed-term 12-month AST started on the 1st of August 2015, with deposit of 1860£ paid into LA account in late July. My tenancy agreement stated that my money would be protected in 1 of 3 available schemes, with all three of them listed, and that the details would be passed to me within 14 days. I haven't been given those details, though, neither within the 14 days, nor within 30 days prescribed by law, nor at any other point during our tenancy. On the 1st of August 2016 my tenancy became periodic, as I refused to sign a new fixed term. On the 22nd of April 2017 I was given a S21 notice with a standard 2-month waiting period, demanding that I vacate the property on the 31th of May 2017. Note: I deemed the notice invalid due to breach of deposit protection rules, but decided not to overstay my welcome, found a new place over the weekend and issued my own 1-month notice on the 29th of March, effective on the 30th of April. Also on the 29th, I email the LA asking for deposit protection details. I mentioned that I'd checked my protection status online and all my checks came back negative. On the 30th, I got an email back from the LA, claiming that my LL registered the deposit, thinks it's with MyDeposits and will look for a certificate. On the 13th of April I sent another email to the LA, asking for scheme details. They wrote me back, stating that it was the landlord who protected the deposit and holds that information, and that they emailed them about it. On the 20th of April I sent a formal letter to my LL requesting information about my deposit protection scheme (template from Shelter website), and also filed it personally in the LA office. On the 27th, I moved out. On the 1st of May, my tenancy expired. On the 8th of May I received an email from the LA about deposit deductions. It did not refer to deposit protection in any way, but still it contained some important elements: Check-out inventory report An invoice for the inventory An information from the LA that "an immense amount of damage" was caused to the property, but the landlord agrees not to make deductions from our deposit, except for the cost of inventory check out as per our tenancy agreement. My money would be returned to me upon signing the attached document. A ready-to-sign document, in which I agree to accept my deposit minus the check-out fee and that both me and the LL "relinquish all rights to any further claims". I wrote back immediately, stating that I don't agree with her assessment of the damage, but won't go into details or dispute the report since the LL is willing to return the deposit anyway so there's no point. I also refused to sign the document, claiming that I'm still waiting for my deposit protection details, so I won't sign a document that could strip me of my rights in that aspect. Note: That email was a bit confusing for me at first, as I could not understand why the LL would return my deposit in full if there was indeed "an immense amount of damage" to the property (which I obviously don't agree with). However, now I think it was simply a ploy to get me to drop my compensation claim, or maybe their first step in our negotiations - an offer of giving me my deposit back and not pursuing me for damages in return for me not pursuing them for deposit protection breach. I guess my LL probably know they're in breach of the regulations and that I want to chase them for that, but they might not be aware that I could chase them separately for the fixed term and the periodic, effectively doubling my compensation, so maybe they thought it a fair deal or at least a decent first bid. Or maybe I'm just reading too much into it. I estimate the cost we might have caused to the landlord to be under 500£ (repainting, professional cleaning, probably replacing one section of the kitchen worktop) and everything else to be a reasonable wear and tear. Some damage was overlooked in the check-in report, though, so I guess I'll have to cover that as well. Still, we're definitely talking triple-digits here in my opinion. Also, I decided that I'd review and maybe dispute the inventory report anyway, just in case. Will get to it over the weekend. Watch this space for further updates.
  2. I recently moved out of my apartment after 3 years (13/07/2012 - 04/08/2015) and found out that the agency failed to pay my deposit into a protection scheme. Although they have assured me they will repay me, the 10 days they would normally have to repay the deposit has passed (10 working days will be on Wednesday the 19/08/2015). As my deposit wasn't secured I don't know what my recourse is to recover it. From what I understand it is illegal not to secure the deposit within 30 days of the start of the tenancy. What are my options ? Any help would be very much appreciated, regards Andy
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