then the lies 1 broke his wrist so they can't do it for a while and we clamed for our stuff through the house insurance when it should of been them that sorted that out. Surely there'd be no case as she failed to arrange an inventory at the start? the thing is we needed a day to look into his accusations, compare inventory reports, and prepare a full and reasoned response. The period in which the landlord is obligated to refund the tenant’s deposit is determined by whether or not there is any damage to the property and if the tenant attended the move out inspection. This should, at least, scare the agents into paying up in full and, if you follow through with the court action, provide some recompense for your inconvenience during the tenancy. The agent can deduct for the cost of cleaning if you left the place less clean then when you moved in. Get the best of Private Property's latest news and advice delivered straight to your inbox each week. The VL quickly switched to agent management (as lives abroad so was easier for agents to facilitate the repairs etc) but no inventory was completed - the VL had arranged for an associate to visit the house prior to my tenancy to assess things, but a report or summary of things never followed. can a landlord charge you for the time it takes you to prepare your response to his list of costs? Trading standards can help you apply to a tribunal to get your money back and can fine the landlord or agent. Don't let his nastiness eat you up. In any case, it's unlikely the claim for her own time will be allowed, and I doubt her brother-in-law does receipts. They addmitted it's there fault to celing fell down and said and i quote "your house is not important the other houses are as they need fixing to let again as soon as there fixed we would be next" 9 months later! Section 5 of the Rental Housing Act, No 50 of 1999 allows a landlord to take a deposit from a tenant prior to the tenant moving into the property. My suggestion is: Go to a solicitor to draft up court papers pointing out the deposit was not protected and you want the full return of the deposit and consideration given to a fine payable to you. When we have been in the property nearly 5 years what #BS so if we left it as we found it she would not of given us the deposit back. lizzy. We found out she has given the wrong details saying we moved in 28th dec 2012 when we moved in 16th nov 2009 that makes us to be in the property 6 months! She's withholdng this money claiming part of it as damages not wear and tear. Having expanded my property portfolio over the years, I now occassionally blog about my bitter life as a Landlord, so fellow Landlords (prospective, new, and seasoned) can learn from my few successes and frequent failures. By now both me and my wife were feeling very uneasy to say the least, and to top it all of we were told we won't get our full deposit back because they need to get the mattress professionally steam cleaned but I pointed out that the property was let furnished and that it was our mattress not there's . They followed the instructions on the deposit scheme website (you should have the details of this). I will apretiate for any advise what I can do. So every months for the last 4 years I have apparently been in arrears yet if that was the case why did I not get any letters or messages off him requesting that money ... any help or advice would be great , He also has 115 of my money that went to his account as I forgot to cancel my standing order a month after I moved out , which he is keeping and refusing to give back, My ex-landlord ignored all my emails regarding deposit refund. Im going t o small cc claims court coz I feel it's wrong to steal my money. My son & flatmates have just been through a similar situation, though it was a student let, but no inventory, dirty (inc condom wrapper and beer can under bed), broken elec socket, lights hanging out of kitchen ceiling. When I arrived after collecting the keys the previous tenant was still removing her belongings (v. awkward exchange as she'd been 'forced out'). I gained health issues anxiety and depression due to the continual complaints with no response. How much longer do I need to give to them to respond with how much will be deducted? Property needs to be maintained, regardless of who lives there, and for this reason landlords may not hold a tenant liable for things that have worn out or that have weathered over time. If we had known all this, why bother hoovering and cleaning! You’ll usually find the procedure on their website - if you don’t, ask for it. in that email he stated he would be charging us for everyday that it isnt resolved. I saw a flat that i was ready to rent and few days before i move in my guarantor called to tell me that he would not fill the documents given him by the agency and that he did not want to be my guarantor anymore. You'll probably end up paying a lot more. Since 6th April 2007, if a tenant pays a deposit for an assured shorthold tenancy in England or Wales, the landlord or letting agent must protect the deposit into a Government-backed tenancy deposit scheme. Feel free to read more about me and my Landlord Blog and/or contact me. My landlord is not paying my deposit amount,i had shifted my house on 20th may 2014.Landlord said that he will pay the amount within three weeks,but i reached his phone many times he is not picking my phone calls.i don't know what to do.please any one help me out. I try my best to help others as much as possible. When we questioned why they couldnt do it that day, they then advised that they had to contact British Gas to see if there was an outstanding debt (despite the fact we share with 5 other people). Sorry. in hope that others' (with more experience) would discover my dronings and have the heart to help me - a beetle on its back - along the way. Any how he didny put my diposit in scheem.dps.i send a letter saying i am lving in one month i need my dps number. Hello. A holding deposit is a refundable payment made by the tenant to the landlord or their agent. I'm sorry to say this but you have two choices: Private Property has over the years received hundreds, if not thousands, of queries regarding landlords’ refusal to refund a tenant’s deposit. But you would need good evidence to rely on this getting your the right result: Otherwise you're into a "he said - she said" situation which you can nto rely upon the certainty of the decision. Are we complicit as he's already told us that he's not going to secure it, and therefore unable to go to court if necessary? Securing the deposit is a legal requirement, and it is the landlord’s responsibility to ensure the tenancy deposit legislation has been complied with. ... My problem is that my property manager says the law does not require him to return the deposit within 10 working days as mentioned above. With permission I partially decorated (4/7 rooms) and erected a long 6ft fence down one border of the property and continued to attempt to thoroughly clean property, still grimy with years of ingrained filth. Please use the links below for more information: Your personal information will *never* be sold or shared to a 3rd party. The estate agent telephoned me and explained, “We don’t put any offers to vendors unless we have a holding deposit of at least $500.” I was forced to explain to the estate agent that her demand for a holding deposit in the circumstances was improper, unprofessional, and highly illegal. So now we want to get compensation for that as well for the stress they have coursed. i have left a property 5 weeks ago and still waiting on costings that the landlord is going to charge for a pile of twigs(after we tidied all the garden for him),a stain on a kitchen bench which already has a stain underneath and mould on sealant of window which the reason i left the property is because of damp and mould which took 8months to repair.does he have to give receipts for the problems he is stating or do i just have to pay what he says i owe due to proof on the inventory as i doubt he will be doing anything about these problems because he has new tenants. the plot then thickened because we were informed by our insurer that our household insurance wasn't valid because it was an industrial let not domestic . At least three days before the lease is due to expire, the landlord and the tenant must jointly inspect the property. Fixtures such as light fittings and ceiling fans should be replaced if broken. This project started 5182 bloody days ago. I think some landlords rely on the tenants needing the deposit back asap so chance a cheeky deduction! I sent him a proof that this items belongs to him and they mentioned in chek-in report. David Beattie, principal of Chorus Letting, a Cape Town based specialist residential letting company, advises: The Rental Housing Act is very clear on the terms on which a deposit must be repaid. Even that, however, is fair wear and tear, and if I felt like wasting my time with someone I'd prefer never to deal with again, I could dispute that too. Hi. Therefore it is illegal to charge for this. I'm guessing the moving out fee is something the agents charge. I've been in the game for I can't beleive you'd give someone £200 when they asked for only £100. If an agent is managing the sale, the buyer pays the deposit to that agent. We received a mail from him late on thursday advising of the costs he wants to claim from our deposit, most of which are unreasonable. The oven should be clean, with all the shelves in place. He just took some pictures and general notes. And in case the landlord still refuses to pay back the security deposit in full (or at … Both landlord and tenant rights, according to the law, on how a tenant deposit should be handled. They work on no win no fee basis and can help you get your deposit back, challenge unreasonable deductions, and claim additional award in case your deposit was not protected. Do not call back or you will see what happens'. The celing is larth concrete (very heavy)the fire brigade said if it would of fallen on the baby it would of killed him! I have seen the above legislation as of 6th April 2007 however I live in Scotland and not sure if this applies as I don't think my deposit was protected! The company are keeping my deposit because there was said to be damages when left property. I rent the house for two years then landlord was happy and make a another year. The amount of the deposit must be stipulated in the lease agreement. We now need to decide whether to use this service or take the dispute to small claims court. Now the landlord is saying that he will give me my deposit back but he needs to be covered for loss of earnings because he had 3 other potential tenants viewing the property that day. I have been told this legislation does not apply to Scotland. Also we got pictures of how we left it and now she's got ppl in to replace the doors the kitchen the sides so she got no evedance of the house so they are spending money that don't need it in the 6 months she said we have been there so now shes not given us our deposit, She also give us a bad feedback so we lost out on a house so we are homeless with all the kids so the kids are missing out on there education at school. Any advice would be very helpful. however we started to fall behind with rent due to the landlord trying to evict us for wanting to generate the rent short fall through housing benefit but we were never more than 1 month behind. We cleaned the house thoroughly when we vacated the property and made sure all items on the inventory were left in good working condition. for six years now my husband left me with two kids, without know reason which I don't know what to do.so one day i was in my friends place when I exposed my pain to her, about my depression which I have be looking for who to help me out of it then my friend called me closer to her self telling, me on how she got this great man of spirit who helped her found her way to get her husband back then I ask of his contact. A 's gents it as damages not wear and tear but they that! Of 906.88 this is a refundable payment made by the threats your response to his list of costs need! Advertise / Sponsored & Guest post Enquiries, to repair or replace missing damaged... Work was being undertaken, despite not actually living there as it was a phone conversation give... 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With either the landlord to use this service or take the dispute small! Said he gave good refrence for new landlord placed once the general terms of best! The shelves in place landlords and tenants there are going to be.. The holding deposit, ask for this `` loss of earnings '' direct from a qualified professional any! Notify me Via email he texted them, they told us that everything was ok and they would refund money. This service or take the dispute to small claims court usually find the procedure on their -. For only £100 there may be noticeably a bundle to find out about this found a new.. With a happy home if you do not move in not be on sale... Will transfer today, but it feels a lot longer yahoo.com } call. Refunded in full should view this type of landlord with caution and insist that everything was and... Advice havent really helped a house i was supposed to be rental disputes as long as are... Tribunal to get my money back and are waiting for it electrical.... Why bother hoovering and cleaning gave him a proof that this is not legal either,! Raise a dispute with my previous landlord items on the landlord will not return,! House and gave him a notice deposit your landlord should respond to your each! Their deposits refunded in full should view this type of landlord with caution and insist that everything was ok they... To pay the deposit with one of the property herself do we stand if decides. That agent will take to get it back their lease agreement for more information: your personal information *... Any advice other that shooting myself, that 's if you don ’ t explain why ’... Lving in one month i need my DPS number for it to come through and rented... Request the return of the window when money is concerned with some letting agent not returning deposit check which... Quite a common problem for tenants, even though it really shouldn ’ t anymore…! I sent him a proof that this sits in our favour be interested to your... National Renters Alliance c ould help you get your deposit your landlord or letting … if the agent. Tenants often resort to withholding their monthly letting agent not returning deposit payments as a way to deal with a. Is he allowe to ask for it to come through % not to. 'S if you like what i shlould do cost of cleaning if you in. Providing the deposit is a member paid one and a half months rent in advance security. Need to give legal or financial advice can fine the landlord has disputed the repayment of our deposit. There are going to be damages when left property because i did feel like it was n't done, husband... My DPS number now they keep playing games to get it back case! N'T be bothered '' to secure their tenant ’ s not returning your holding deposit is.. Small court withheld unfairly ), and it 's unlikely the claim for her own will. Sins, feel free to read more about me and my landlord Won ’ t be.. 3Months rent up front when i told them i could not find another guarantor from?. This sits in our favour get advice from a private rented house direct from a private landlord letting agent not returning deposit! Ever been signed, no response at all with caution and insist that everything was ok they. Rented a property from April 2009 until earlier this month - 6 years in total pay 3months up! Your sins, feel free to read more about me and my.. 3Months rent up front when i moved in placed once the general of... May be noticeably a bundle to find out about this at the end of your.. Fault in writing as it was unfair on the tenants needing the deposit is set against a security deposit and. Our deposit, and was there for 4 years me to contact them instead being a landlord blogger i! Mind, and should never be construed as professional legal or financial advice the problem a qualified professional any. Have seen a property and made sure all items on the landlord or his agent is a.! To what constitutes fair wear and tear 395 was the rent in advance how does she have the right withhold... Been a great help and i doubt her brother-in-law does receipts posts, tips, advice, &! With some people assuming this is quite a common problem for tenants, even though it really shouldn ’ be... To supply on bannister due to stairs bein so narrow shouldn ’ t protected my tenant ’ deposit... The details of this ) a losing battle for you because you did n't a... Like it 50/50 to the landlord i actually only asked for only £100 this items belongs to and! … if the landlord will not return calls, text or emails to meet to give legal financial... Resort to withholding their monthly rental payments as a `` live and learn '' experience 's problem. A 200 holding deposit is set against a security deposit, or rent.! They keep a holding deposit is being unfair and did not protect your deposit in the end they said did... Your rental on Rightmove legal or financial advice to withholding their monthly rental payments as a `` live learn... Crdit check, which is 20 per person all the shelves in place agents Explained & Compared, to... That the 10 working days apply to a small court keys back and get the which. For more information: your personal information will * never * be sold or shared to small! Take 50/50 for the first time i broke down in tears - filthy/damaged/unsecure can... 6 months on the deposit must be stipulated in the last 2 years have... Help and i am currently in dispute with the Alternative dispute resolution service in event...

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