Author Topic: Advice on getting deposit back from landlord?  (Read 1985 times)

Howdotheyriseup?

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Advice on getting deposit back from landlord?
« on: November 07, 2022, 01:00:22 PM »
Got an unpleasant email from landlord now I've moved out saying he wants to keep 100% of deposit.

We have video showing we left flat clean and records  that various broken things were broken when we moved in, inventory from before etc.

There are a few other points that are justified, but the price is exorbitant. Its true for instance that a plastic rubber doorstop fell off, but >£100 is silly when they cost £5 on Amazon.

Has anyone been through dispute resolution before with tenant deposit scheme? My plan is to reply rebutting the points and say we have evidence... but ultimately given his dishonesty I guess we are going to end up there.

daverobev

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Re: Advice on getting deposit back from landlord?
« Reply #1 on: November 07, 2022, 01:41:49 PM »
Contest it through the scheme, the landlord is just pushing their luck.

One rubber doorstop is reasonable wear and tear.

IIRC you can put the request in immediately through the deposit scheme asking for your entire deposit back, landlord has to contest it then.

Affable Bear

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Re: Advice on getting deposit back from landlord?
« Reply #2 on: November 07, 2022, 03:00:49 PM »
When you paid your landlord the deposit they have 30 days to protect it and provide you with the prescribed information, if they didnt do this within the timelimit or protect it at all you could pursue for up to 3 times the deposit amount. Check when your deposit was protected with the deposit scheme check the dates, you can search for your deposit on the websites. If its not protected or they messed up you have a strong negotiating position as if the deposit wasnt protected correctly you could take the landlord to Court and claim up to 3 times the deposit amount back. You dont have to go to Court but its pretty black or white if they havent protected your deposit correctly as they know they could be pursued so they might be more willing to simply return your deposit instead. 

As a tenant you are responsible for returning the property in a similar condition as to when you first rented it minus fair wear and tear (i.e. minor scuff marks, normally worn carpet etc..). The Deposit Scheme (and Court if legal action is taken) would consider the deposit your money and the onus is on the landlord to prove damages, in order for the landlord to do this they would need to have evidence of the condition of the property at the start of the tenancy and evidence at the end. If they dont have evidence of the condition of the property at the start of the tenancy then it might be difficult to prove what (if any) damages were caused by yourself or if the damages were already present in the property as there is no proof of the original condition the property. Yes they might have pictures of the damages when you moved out but do they have evidence of the condition at the start of the tenancy? 

The first step would be to check the deposit protection scheme and make sure your deposit was protected correctly, then you can request before and after pictures of any damages they wish to charge as evidence. If they cant evidence it you can challenge them informally first however if they are still refusing go through the deposit protection scheme. You only have 90 days from the date your tenancy ended to use the deposit scheme so dont wait too long!

If the landlord has evidence of damages and you accept that you caused them, the landlord can only charge you the reasonable and actual cost to repair the damage. The Tenant Fees Act 2019 banned landlords and agents from charging 99% of fees and this also covers damages in regards to deposit deductions, see pgs 60-61 of the guidance notes here: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/922900/Tenant_Fees_Act_-_Tenant_Guidance.pdf
 
The landlord can only charge you to put him back into the position had the damages not occured. For example if you damaged the door and the landlord was charged £200 for a similar replacement, the maximum they can charge would be £200, the landlord should not profit from the damages. If the landlord decides to put a £1000 door on instead then this would be an unreasonable amount and would result in the betterment of the property and so you should not be liable for the full £1000 but you might be responsible for whatever a like for like door would have cost.

I would stress im not legally qualified or anything, not sure how strong the arguments are or if you would be succesful or anything so take it with a massive pinch of salt and seek housing advice from Shelter, Citizens advice etc....
« Last Edit: November 07, 2022, 03:02:33 PM by Affable Bear »

Howdotheyriseup?

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Re: Advice on getting deposit back from landlord?
« Reply #3 on: November 09, 2022, 02:06:16 AM »
Thanks both for the replies. The deposit is protected.

Update: He shared the checkout report which contradicted many of his claims. Our agent said it is for me & landlord to sort out but certainly seemed surprised at what landlord was asking.

I made an offer of £400 which included a deep clean of the apartment, based on a quote I sourced.
This was rejected, although he still hasn't provided any quotations for the repairs he claims are needed.

The landlord has revised his charges down from £1700 to £600.
So in a sense we are fairly close, in another sense I feel like he is stealing £200 from me.

Has anyone gone through the dispute scheme previously?

daverobev

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Re: Advice on getting deposit back from landlord?
« Reply #4 on: November 09, 2022, 05:10:14 AM »
IMHO you shouldn't bother talking to the landlord, go straight through the scheme, claim back 100% and go from there.

You've tried. Landlord is scummy. Fuck them. It will then be on them to prove anything to the TDS.

Manchester

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Re: Advice on getting deposit back from landlord?
« Reply #5 on: November 09, 2022, 06:23:28 AM »
Wow, your former landlord seems like a piece of work. 

For him to magically find he was £1.1k out is impressive.  I wonder if your local newspaper would like to hear about it?

You should try to get the full deposit back.  You shouldn't even have to pay for a deep clean, that's their duty.

former player

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Re: Advice on getting deposit back from landlord?
« Reply #6 on: November 09, 2022, 09:32:53 AM »
Wow, your former landlord seems like a piece of work. 

For him to magically find he was £1.1k out is impressive.  I wonder if your local newspaper would like to hear about it?

You should try to get the full deposit back.  You shouldn't even have to pay for a deep clean, that's their duty.
Depends what is in the tenancy agreement.

Affable Bear

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Re: Advice on getting deposit back from landlord?
« Reply #7 on: November 10, 2022, 01:54:11 AM »
The landlord has revised his charges down from £1700 to £600.
So in a sense we are fairly close, in another sense I feel like he is stealing £200 from me.

Has anyone gone through the dispute scheme previously?

The easiest, cheapest (and possibly the fairest) way is to simply dispute the deposit with the deposit scheme, its also a lot easier and cheaper than going to Court. They will look at the evidence and make an independant decision based on the evidence as to what deductions if any can be made, the landlord cannot charge unreasonable amounts for repairs only the actual costs it took to fix the damages. The process is fairly simple and most times is completed online where both parties complete a statement and provide evidence, the scheme then looks at the facts and reaches a decision.

I havent gone through the process myself but the deposit protection schemes often have example cases you can look through: https://www.depositprotection.com/learning-centre

Howdotheyriseup?

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Re: Advice on getting deposit back from landlord?
« Reply #8 on: November 10, 2022, 03:11:45 AM »
Thanks for the advice all - just to close off the discussion, I settled with the landlord at £500 off deposit.
I probably could have gotten a bit more off by going through the scheme, but there was also the risk of it taking his side on things.

Basically 270 for professional clean (not contractually required but probably would have been a good idea anyway), 130 for a plumber callout that was my fault + 100 for some minor repairs that we could quibble over... I think that's fair actually all considered.