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Alexj

Getting My Desposit Back Advice

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Has anyone got any advice on how to handle this situation?

I am a tenant and due to leave in four week's time. According to the neighbours and the tenants before me, the landlord has a habit of trying to keep as much of the deposit as possible. As an example, it went all the way to a tribunal with the last tenant and the finding was in their favour with nothing to the landlord. Typically he tries to claim for faults which pre-dated the tenancy but somehow always gets missed in the move-in inventory e.g. the last time he put in a claim for a new carpet that the previous two sets of tenants had been forced to pay up for. So i want my deposit back but I am not expecting that it will be easy.

Yesterday the next tenants came round to measure up. They told me that the landlord will be completely redecorating for them and there will be two new carpets and a new oven. Its good as the oven really is on its last legs and the carpets are badly worn (nothing we have done).

At the same time I've had a quote for £600 to get the carpets, curtains, windows and the rest of the house professionally cleaned. It seems stupid to pay for cleaning of a carpet that will be ripped up and thrown away a couple of days later. Ditto the oven. (Both are kept clean BTW e.g. I steam clean the oven regularly).

When the new tenants mentioned the changes they'd had agreed, I was only a bit surprised to hear that the landlord had agreed to spend his money, especially as the rent is much the same. Then it hit me... supposing he is planning to spend my deposit on these things? So, what can I do to protect myself from this?

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If your deposit is in the tennancy deposit scheme then not too much to worry about as you should get almost all of it back eventually. Hopefully he learned his lesson the last time and wont try to pull any stunts on you. You know your rights as do the administators of the deposit scheme so nothing to worry about.

If on the other hand your deposit is not in the scheme then I would always withhold the last months rent if you have any reason not to trust the landlord.

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A friend of my sister's beat a landlord at his own game on a matter like this, by video recording every aspect of the flat the day she moved in, putting it on DVD and posting it to herself.

When the landlord said he was keeping the deposit for damage, of which there was none, she sent him the DVD and a photo of the post-dated copy of it still inside the sealed envelope and said she would see him in court.

Result? Full refund, no questions.

Cub Scouts Motto: Be Prepared (although I expect she was in the Brownies).

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I was thinking to offer the landlord the money to get the carpets cleaned as per the quote and the deal would be I pay, but he gets the effort of arranging it. Is this just a stupid idea though?

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I was thinking to offer the landlord the money to get the carpets cleaned as per the quote and the deal would be I pay, but he gets the effort of arranging it. Is this just a stupid idea though?

Unless you’ve made them ridiculously dirty for the period you have been there, I would argue FW&T and refuse to pay a penny

tim

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Has anyone got any advice on how to handle this situation?

I am a tenant and due to leave in four week's time. According to the neighbours and the tenants before me, the landlord has a habit of trying to keep as much of the deposit as possible. As an example, it went all the way to a tribunal with the last tenant and the finding was in their favour with nothing to the landlord. Typically he tries to claim for faults which pre-dated the tenancy but somehow always gets missed in the move-in inventory e.g. the last time he put in a claim for a new carpet that the previous two sets of tenants had been forced to pay up for. So i want my deposit back but I am not expecting that it will be easy.

Yesterday the next tenants came round to measure up. They told me that the landlord will be completely redecorating for them and there will be two new carpets and a new oven. Its good as the oven really is on its last legs and the carpets are badly worn (nothing we have done).

At the same time I've had a quote for £600 to get the carpets, curtains, windows and the rest of the house professionally cleaned. It seems stupid to pay for cleaning of a carpet that will be ripped up and thrown away a couple of days later. Ditto the oven. (Both are kept clean BTW e.g. I steam clean the oven regularly).

When the new tenants mentioned the changes they'd had agreed, I was only a bit surprised to hear that the landlord had agreed to spend his money, especially as the rent is much the same. Then it hit me... supposing he is planning to spend my deposit on these things? So, what can I do to protect myself from this?

According to this:

http://www.thedisputeservice.co.uk/resources/files/What-is-the-Tenancy-Deposit-Scheme-v20110308.pdf

under the Housing Act 2004, all deposits for assured shorthold tenancies must be covered by a tenancy deposit scheme (unless you pay morethan £100k pa in rent in England!) and:

 the tenant must be told which one;

 the deposit must be in money;

 landlords in breach of these provisions will not be able to issue Section

21 notices, and may have to pay the tenant compensation of three times

the deposit;

 the landlord/agent must submit the deposit to the operators of their

scheme when requested to do so;

 each scheme must have procedures for resolving disputes without legal

action – i.e. by Alternative Dispute Resolution – but the parties can go to

court if they prefer.

(from the website).

So I reckon you're in a pretty strong position as either you will be protected by a scheme or the landlord may have to pay you compensation of 3x deposit

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£600 seems a lot for cleaning.

We had problems a couple of years ago.

The landlord tried to keep money to clean the carpets. We had, though, hired a rug doctor (total cost about £40 including the shampoo) - they are quite effective and will certainly return the cleanliness to at least what it was when you moved in if the carpets were old then. Keep the receipt.

When our landlord wrote that he was deducting money for cleaning the carpets (we were already in dispute) I posted his agent a copy of our carpet cleaner receipt and asked for him to provide his receipt. Of course he couldn't and that went into our evidence file should we have had to go to court. He paid us back in full on later receipt of a small claims court summons.

Curtains should also be washable on a cold wash in a washing machine. Otherwise a drycleaner shop would do it for less than your professional cleaners.

General stuff - invite (in writing or email) him or his agent for a checking out inspection - ask him to point out any problems there and then and to put them in writing before you move out - if it is fair, you could put it right before moving out. You could also ask about the oven etc. If not fair, then state `I would dispute that'.

Remember as well that he can't use the deposit for `betterment' of the property - i.e to make if better than when you moved in (minus fair wear and tear). Being informed and acting formally should deter him from trying to fleece you.

Good luck, one of the most stressful parts of life is when you are relying on someone else to act honourably.

Y

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It's common for Landlords (and letting agents) to lie to new tenants about what will be in a property when they arriive. I've I'm learned that the condition I see a property in is most likley the condition that it will be in when I arrive. They get away with this as most tenants sign a lease before seeing the upgrades and changes.

Remember to take photos when you leave the property and to keep a written record of all communications. I've used this before in the small claims court before the deposit scheme came in.

Have you got a written copy of the inventory that you checked when you moved in. If not, get a copy asap.

I always found this a simple thing to sort out in the small claims court. The secret is to be prepared with evidence, calm and not to get wound up and angry (the Landlords enjoy this too much).

Good luck. It's always a battle of wills and you need to be prepared.

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The landlord tried to keep money to clean the carpets. We had, though, hired a rug doctor (total cost about £40 including the shampoo) - they are quite effective and will certainly return the cleanliness to at least what it was when you moved in if the carpets were old then. Keep the receipt.

Will they clean a stain left by not noticing the bottom of a plant pot was porous, on a pale carpet? Knew I should've used twigs instead.

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Will they clean a stain left by not noticing the bottom of a plant pot was porous, on a pale carpet? Knew I should've used twigs instead.

If you'd had twigs, the property would have been more valuable and you'd have had to pay a higher rent.

Can't guarantee the rug doctor would do it but if could be worth a try if the alternative is to be stung by a landlord- they work by pressure spraying warm water with shampoo/cleaner into the carpet, beating the carpet and immediately sucking the water out again - along with the dirt. It can be striking how much dirt they pull out of what you had never considered a dirty carpet. There is also a `hand' attachment spray/brush/vacuum bit that you can use to work on individual areas, stairs etc. We hired ours from Morrisons. You need a couple of forms of ID in case you are part of an international rug doctor smuggling gang.

Y

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I did a full video inventory on the day of moving in and day of moving out. I put it on a DVD and posted it to our last landlord with a covering letter stating that we expect the deposit back in full with no deductions. There is only fair wear and tear. Any deductions should be proofed with full invoices/receipts otherwise I would make an application to the tenancy deposit scheme and also contact council trading standards.

(also helped that I knew where she lived and that I would pour brake fluid all over her f*cking car and put a brick through her window if she tried any sh1t)

... got deposit back in full with a thanks for leaving the place so clean and tidy (!)

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  • 285 Brexit, House prices and Summer 2020

    1. 1. Including the effects Brexit, where do you think average UK house prices will be relative to now in June 2020?


      • down 5% +
      • down 2.5%
      • Even
      • up 2.5%
      • up 5%



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