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Thread: Getting our deposit back

  1. #1
    Formerly known as Andehh Andeh13's Avatar
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    Getting our deposit back

    Long story short myself and my flat mate moved into a rented flat a year ago. We soon found our landlords were inept, useless and just all round wastes of space. When we moved in we paid our deposits to them ( as requested), however we recently found out (via the original estate agents warning us about several problems they were having with them) that our deposits had not put into one of the deposit protection schemes (escrow services between land lord & tenants).

    Having had a year of hassle with the landlords, them being lazy, unhelpful, uncaring towards the flat & problems we have been having with it means we can see them being difficult with our deposits.

    When we arrived the flat was a total mess, the previous tenants had not bothered cleaning anything before leaving. We intend to leave the flat clean to get our full deposits back, however if they do withhold the deposits what can we do to get it back?

    Thanks guys

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    radix lecti dave87's Avatar
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    Re: Getting our deposit back

    Looks like good news:

    http://www.direct.gov.uk/en/TenancyDeposit/DG_066373


    What if your landlord isn’t protecting your deposit?

    You can apply to your local county court. The court can order the landlord or agent to either repay the deposit to you or protect it in a scheme. If your landlord or agent has not protected your deposit, they will be ordered to repay three times the amount of the deposit to you.
    So request your deposit back, or advise them you will be claiming three times the amount through the courts

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    Re: Getting our deposit back

    Quote Originally Posted by dave87 View Post
    Looks like good news:

    http://www.direct.gov.uk/en/TenancyDeposit/DG_066373




    So request your deposit back, or advise them you will be claiming three times the amount through the courts
    dont say that, just write a letter recorded stating you would like you deposit back, then if the dont reply go to small claims court.

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    radix lecti dave87's Avatar
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    Re: Getting our deposit back

    Quote Originally Posted by petercook7 View Post
    dont say that, just write a letter recorded stating you would like you deposit back, then if the dont reply go to small claims court.
    Surely if you make them aware of the consequences then they are more likely to give you your deposit back without hassle - which has got to be the easiest way out of this?

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    Formerly known as Andehh Andeh13's Avatar
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    Re: Getting our deposit back

    Many thanks guys!


    tbh, the way we have been treated we will do the bare minimum to get the deposit back & then go to court if needs be and fight for the 3 x deposit. They have been utterly utterly useless this past year and have really hacked us off. It took them 2 months to supply second keys (last set of tenants did not return their keys), 3 weeks to supply a parking permit, the flat was a total state when we moved in (food left behind, bowls & plates left, cereal spilt everywhere, no electrical certificates which apparently we should have been given, there was no inventory form and i ended up sending them a 4 page e-mail listing everything wrong with the flat. We had a leak in the kitchen that left us with puddles around the sink & cooker and it took them 7 weeks to fix it, despite all the cupboards rotting etc.

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    SiM
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    Re: Getting our deposit back

    Quote Originally Posted by dave87 View Post
    Surely if you make them aware of the consequences then they are more likely to give you your deposit back without hassle - which has got to be the easiest way out of this?
    Depends if how much the deposit is, if its a few thousand then it might be worth going all in and tripling up.

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    Formerly known as Andehh Andeh13's Avatar
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    Re: Getting our deposit back

    Myself and my flat mate are moving out of the flat today, so I just wanted to ask peoples advice on where to proceed.

    If we e-mail the landlord stating that we have left the flat in a better state then we arrived (when we arrived it had _not_ been cleaned at all & the estate agents had to pay for cleaners, which the landlord refused to pay for afaik) and that we would like our deposit back within 10 days, would that be sufficient?

    If they don't reply within (??) days, do we send another e-mail threatenign court action, and again if nothing we take the court route?

    Does that sound like a fair plan?

    thanks guys

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    Re: Getting our deposit back

    Quote Originally Posted by Andehh View Post
    Myself and my flat mate are moving out of the flat today, so I just wanted to ask peoples advice on where to proceed.

    If we e-mail the landlord stating that we have left the flat in a better state then we arrived (when we arrived it had _not_ been cleaned at all & the estate agents had to pay for cleaners, which the landlord refused to pay for afaik) and that we would like our deposit back within 10 days, would that be sufficient?

    If they don't reply within (??) days, do we send another e-mail threatenign court action, and again if nothing we take the court route?

    Does that sound like a fair plan?

    thanks guys
    remember take pictures when you leave just incase.

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    DILLIGAF GoNz0's Avatar
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    Re: Getting our deposit back

    sounds good, but in reality i would not have paid the last bit of rent to offset it!

    call the landlord round for a leaving inspection and ask them to bring the deposit.

    photograph everything close up b4 they pull a fast one, all the walls, furniture, windows frames, doors, carpets. document the lot against todays paper for proof

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    HEXUS.social member finlay666's Avatar
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    Re: Getting our deposit back

    did you take photos to show the condition it was left in?

    *fail* 3 posts saying the same thing within 2 minutes lol
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    Re: Getting our deposit back

    Quote Originally Posted by GoNz0 View Post
    sounds good, but in reality i would not have paid the last bit of rent to offset it!
    ...
    As a general rule (and not specifically in this case) that might be a good idea, but it also might drop you in it. It all comes down to whether any deductions the landlord makes are legitimate or not. Bear in mind that you have signed a contract saying you'll pay the rent. If you don't, you could well end up in court. If you withhold the last month's rent and the landlord has legitimate deductions, again, you could well end up in court.

    So you have a balance to reach .... withholding the rent to offset the loss of deposit might avoid getting ripped off by unscrupulous landlords, but it risks getting sued by a decent one if he has costs that are your responsibility.


    Andehh, the good thing is that you didn't sign off on a check-in inventory. For the landlord to be able to deduct anything from your deposit, it has to be a liability that the contract puts on you, and that the landlord can, if challenged, prove. Put it this way, if he deducts part or all of the deposit, you can sue. He will then have to justify those deductions to the court, or you should win. If he doesn't have a signed check-in inventory, he's going to have the devil's own job proving that you caused the damage.

    I agree with advice about taking pictures, etc, but really, you wanted a check-out inventory done on the day you move out, You also want records of gas and elec readings, etc.

    And I know it's galling, given the condition when you moved in, but the place really wants to be thoroughly cleaned, fridge emptied and left open, the right furniture and items in the right rooms etc. Of course, if you don;t have a check-in inventory, it's hard to make sure that everything on check-out matches the check-in!

    As for the procedure, all I can suggest is to do everything in wriitng, or at the very least, confirm it in writing immediately after doing it. If you don;t get the deposit back, then yes, ask for it in writing, and if necessary, ask again and send it recorded, giving a reasonable date b y which you want it. If you do end up going to court, then a really important aspect of your case will be that you've done everything you reasonably can to avoid court, and have done it as a last resort. In other words, don't use court unless you really have to. The one thing the small claims court tends not to like is people wasting their time. Make sure that it's clear that the only reason their time is being used is that the landlord is being unreasonable, either in refusing to return the deposit or in the deductions he's made, and that you have been the epitome of reason.

    Finally, bearing in mind that getting a court judgement awarding you the money and actually getting your hands on the cash it aren't the same thing. You might win the case and have the judgement, but it might still involve hassle and cost getting it enforced. Don't go there if you don't need to.

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    Formerly known as Andehh Andeh13's Avatar
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    Re: Getting our deposit back

    We have cleaned the place top to bottom so it will be left in a condition far better then when we arrived. I filled out an 'inventory' form week or so after we arrive at the place detailing everything that was wrong and a couple of months later they came up & inspected it all.

    They currently have a dispute with the estate agents who advertised the property. When we moved in we were so horrified with the state it was in, that the estate agents fought for us and eventually got the landlords to get cleaners etc in. Once the cleaners had finished the landlord promptly denied all knowledge of requesting them & the estate agents had to foot the bill (everything was agreed over the phone/in person). it was the estate agents who rang us & warned us about the deposit having been mucked around so badly by the landlords.

    I am about to send them an e-mail now stating we have left the property in a clean & reasonable order. Do i warn them that because they didn't use a deposit protection scheme, which they are legally obliged to, we expect 100% of the deposit back, or else we will go down the court route? We have more then enough evidence to prove breach of contract from their end (deposit, problems with keys/parking permit/not ensuring upkeep of the flat etc etc).

    or do i just request the full deposit back within 10 days due to the state of the apartment when we arrived & the fact it is now a damn sight cleaner?

    Thanks guys

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    HEXUS.social member finlay666's Avatar
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    Re: Getting our deposit back

    Quote Originally Posted by Andehh View Post
    I am about to send them an e-mail now stating we have left the property in a clean & reasonable order. Do i warn them that because they didn't use a deposit protection scheme, which they are legally obliged to, we expect 100% of the deposit back, or else we will go down the court route? We have more then enough evidence to prove breach of contract from their end (deposit, problems with keys/parking permit/not ensuring upkeep of the flat etc etc).

    or do i just request the full deposit back within 10 days due to the state of the apartment when we arrived & the fact it is now a damn sight cleaner?
    Sue them for it now, you are entitled to 3x the deposit as they have to provide do it within 14 days of moving in AND sent you a letter confirming this

    Depending on the amount of the deposit it might be worth going straight to court for the extra

    Of course... I am not a lawyer, so seek proper advice before continuing
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    Not a good person scaryjim's Avatar
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    Re: Getting our deposit back

    Quote Originally Posted by finlay666 View Post
    ... they have to provide do it within 14 days of moving in ...
    In fact they have to do it within 14 days of receiving the deposit, which generally means it should be protected before you move in...

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    Formerly known as Andehh Andeh13's Avatar
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    Re: Getting our deposit back

    Would it be small claims court I would need to go through?

    Half of me says I should give them a chance of paying it (which I think they would..eventually) but the other half of me says they have treated us like rubbish all year. They have done nothing at all to help us, fix things on time, organise repairs etc and always seem to try and make life difficult for us so that we give up on whatever request we have of them.

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    HEXUS.social member finlay666's Avatar
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    Re: Getting our deposit back

    Quote Originally Posted by scaryjim View Post
    In fact they have to do it within 14 days of receiving the deposit, which generally means it should be protected before you move in...
    Ah, I stand corrected, even more reason to push for 3x the deposit (esp when some places ask for 1-2 months rent)
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