Ron J Posted June 3, 2009 Share Posted June 3, 2009 Hi, 1st time poster but have been watching this site since Dec 2006. I really need some help as I am having issues retreiving the balance of my deposit it is held in the DPS. I have just moved to a different rental property and have been informed by the LA that the LL has some issues which they want to hold back the deposit for, they are: Re-enamel the Bath as now it is apparently far worse than when we moved in (it's not) - It shows on the checking report that the enamel is worn and was filthy when we moved in. Painting, one wall is particularly bad and was in need of redecorating when we moved in - this is noted on the check in report but in fairness has had more wear and tear since we moved in. Clean the cooker, we did this before we moved out the check out has described the cooker as clean showing signs of where. Clean the house, My wife spent 3 hrs doing this on moving day and regularly cleaned. The check out statement about cleanliness of the house was clean. 2 small marks on the carpets upstairs described on check out as burn marks, they are about the size of a 50p piece. The cost for moving the fridge freezer we left for the new tenant (we gave it to him) Some of the above has made me so mad as we put up with it during the tenancy (bath regularly graced our skin when using) Any repairs I asked to be done during the tenancy were dragged out (2 total) one was for a damp issue which has damaged some of my furnishings (I have photo's but didn't claim at the time) The only issue that I have caused is that I didn't pay the last months rent, I needed the money for the new deposited and moving costs ect.... I have asked them to take it out of the deposit. I also let them show perspective people around the property although this was in breach of my right's and I didn't want them too. On check-out the lady remarked on the lack of detail on the check-in report and said they wouldn't stand a chance if it went to court, on check I pointed out most of the issues even a smashed fence panel and 2 foot oil stain on the drive were missed. So I need advise on what you feel is reasonable from the above for them to claim and how I should proceed with the dispute I have checked the TDS site and am not sure if I should get one of there independent assessors to help or take it to court as the LA has advised the LL won't back down. Thanks for your help Quote Link to comment Share on other sites More sharing options...
Guest_FaFa!_* Posted June 3, 2009 Share Posted June 3, 2009 Hi, 1st time poster but have been watching this site since Dec 2006. I really need some help as I am having issues retreiving the balance of my deposit it is held in the DPS. I have just moved to a different rental property and have been informed by the LA that the LL has some issues which they want to hold back the deposit for, they are: Re-enamel the Bath as now it is apparently far worse than when we moved in (it's not) - It shows on the checking report that the enamel is worn and was filthy when we moved in. Painting, one wall is particularly bad and was in need of redecorating when we moved in - this is noted on the check in report but in fairness has had more wear and tear since we moved in. Clean the cooker, we did this before we moved out the check out has described the cooker as clean showing signs of where. Clean the house, My wife spent 3 hrs doing this on moving day and regularly cleaned. The check out statement about cleanliness of the house was clean. 2 small marks on the carpets upstairs described on check out as burn marks, they are about the size of a 50p piece. The cost for moving the fridge freezer we left for the new tenant (we gave it to him) Some of the above has made me so mad as we put up with it during the tenancy (bath regularly graced our skin when using) Any repairs I asked to be done during the tenancy were dragged out (2 total) one was for a damp issue which has damaged some of my furnishings (I have photo's but didn't claim at the time) The only issue that I have caused is that I didn't pay the last months rent, I needed the money for the new deposited and moving costs ect.... I have asked them to take it out of the deposit. I also let them show perspective people around the property although this was in breach of my right's and I didn't want them too. On check-out the lady remarked on the lack of detail on the check-in report and said they wouldn't stand a chance if it went to court, on check I pointed out most of the issues even a smashed fence panel and 2 foot oil stain on the drive were missed. So I need advise on what you feel is reasonable from the above for them to claim and how I should proceed with the dispute I have checked the TDS site and am not sure if I should get one of there independent assessors to help or take it to court as the LA has advised the LL won't back down. Thanks for your help Your first port of call must be the TDS if that's where your deposit is. The point of setting up the TDS was to avoid courts having to deal with this sort of thing, so the courts will not want to know until you have tried them first. You would have it out with the LL in arbitration and the TDS would rule how much of the deposit should be returned to you. Looking at their website, my understanding is that with the DPS they hold the deposit and the LL does not have the right to veto their decisions. They would forward the money to you after the abitration hearing. So if the LL (or you) doesn't like the abitration decision then that is their tough sh1t I think others will be able to advise you on tactics regarding the fact you didn't pay your last rent. Did the LL agree to taking it out of the deposit? If not, it maybe an issue. However you should request abitration with the DPS and think about how you will present your case to them. Best of luck and look forward to your update! Quote Link to comment Share on other sites More sharing options...
cybernoid Posted June 3, 2009 Share Posted June 3, 2009 If you didn't pay the last months rent you're about even aren't you? Isn't the deposit usually a months rent? You got the deposit back and spent it on the last months rent. Quote Link to comment Share on other sites More sharing options...
Ron J Posted June 4, 2009 Author Share Posted June 4, 2009 Your first port of call must be the TDS if that's where your deposit is. The point of setting up the TDS was to avoid courts having to deal with this sort of thing, so the courts will not want to know until you have tried them first. You would have it out with the LL in arbitration and the TDS would rule how much of the deposit should be returned to you. Looking at their website, my understanding is that with the DPS they hold the deposit and the LL does not have the right to veto their decisions. They would forward the money to you after the abitration hearing. So if the LL (or you) doesn't like the abitration decision then that is their tough sh1tI think others will be able to advise you on tactics regarding the fact you didn't pay your last rent. Did the LL agree to taking it out of the deposit? If not, it maybe an issue. However you should request abitration with the DPS and think about how you will present your case to them. Best of luck and look forward to your update! Thanks for the advise, No the LL didn't agree to taking the last months rent out of my deposit although I did seek advise from CA who informed me this was OK. Quote Link to comment Share on other sites More sharing options...
LondonToManchester Posted June 4, 2009 Share Posted June 4, 2009 Thanks for the advise, No the LL didn't agree to taking the last months rent out of my deposit although I did seek advise from CA who informed me this was OK. Thats actually wrong the deposit can not at any time be used at part of the rent payment even in the final month! The deposit is there to make sure you take care of the property correctly. Quote Link to comment Share on other sites More sharing options...
Financial Hack Posted June 4, 2009 Share Posted June 4, 2009 Thats actually wrong the deposit can not at any time be used at part of the rent payment even in the final month! The deposit is there to make sure you take care of the property correctly. Well, he did take care of the property correctly, and now says the LL can take the last month's rent out of the deposit. Since the rent is only a month late in this context, I don't see what the problem is from the LL's perspective. Sounds to me like an LL who wants to get his BTL refurbed at the tenant's expense. Quote Link to comment Share on other sites More sharing options...
LettingsLady Posted June 4, 2009 Share Posted June 4, 2009 Well, he did take care of the property correctly, and now says the LL can take the last month's rent out of the deposit. Since the rent is only a month late in this context, I don't see what the problem is from the LL's perspective.Sounds to me like an LL who wants to get his BTL refurbed at the tenant's expense. For once I agree with LTM! It IS wrong (and the Courts don't like it either) not to pay the last months rent especially as at that point the OP was unaware that the LL was unhappy with the checkout condition. The LL can't just make deductions as he sees fit and I would let the TDS deal with it. But as these are 2 different issues it seems like you are both in the wrong. Quote Link to comment Share on other sites More sharing options...
HPCbeliever Posted June 4, 2009 Share Posted June 4, 2009 I agree with Lettings Lady. It really is not a good idea not to pay the rent as then you are in breach. I assume that your deposit is not in TDS. I think you should get advice again from CAB and then you will need to go to court. There are plenty of people on this site with experience of that. Quote Link to comment Share on other sites More sharing options...
Ron J Posted June 17, 2009 Author Share Posted June 17, 2009 I agree with Lettings Lady. It really is not a good idea not to pay the rent as then you are in breach. I assume that your deposit is not in TDS. I think you should get advice again from CAB and then you will need to go to court. There are plenty of people on this site with experience of that. Update: They were originally trying to get £400 (not including late rent) for the damage they claimed I caused. I offered them £50 for a stain on the carpet, £50 for painting. They have accepted. Thanks for the advice I know it was naughty not paying the last months rent but I didn't trust them. Got the cheque through today for the remainder of my deposit. Quote Link to comment Share on other sites More sharing options...
HPCbeliever Posted June 18, 2009 Share Posted June 18, 2009 Thanks for the update. It is always nice to know the outcome. Quote Link to comment Share on other sites More sharing options...
LettingsLady Posted June 22, 2009 Share Posted June 22, 2009 Thanks for the update. It is always nice to know the outcome. +1 Quote Link to comment Share on other sites More sharing options...
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