It's important you understand that this is a personal blog, and the aim is to provide the best I’m assuming this is quite a common problem for tenants, even though it really shouldn’t be anymore…. thoughts on Landlord life. How suddenly is rent in advance a security deposit when IT suits a landlord to use it as such. 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. If your home is managed by a letting agency, you'll need to contact them instead. They then fix it 3 days later! Nowhere on my statement. Is my landlord allowed to keep my bond (£300) if I leave my property 2 month early but still give him 28 days notice as he says I am in breech of my tenancy bur I only want to leave due to the fact that my landlord doesnt seem to be doing all my repairs he has done some ( any example he left me with a gas leak for 2 months and he was aware of this and put cellar tape on it // he left me with no hot water or any thing for 9 day ) my boiler is leakin and has been for 10 months and the pressure is always droppin and wen I report it it takes him days to sort it and I have a young child. Iam a tenant . He obviously admitted the damage but requested we pay 50/50 to the cost of a new carpet. He never repair anything. Everything I share is based on my own personal experiences as a landlord, To cleanse your sins, feel free to read more about me and my blog. We do not believe the property was left in a state, as we had a team of 5 people clean from top to bottom. But the full deposit is considerably more than £100, and it is money we simply can't afford to kiss goodbye for the sake of an easier life. I'm a doofus. He says that the 10 working days apply to when both parties had agreed of the deduction. Many thanks. I also paid a 200 holding deposit for the house which I never got back or put towards rent when I moved in. I'm guessing the moving out fee is something the agents charge. Thanks! Step 1: write your letting agent a letter You can make a written complaint by following your letting agent’s complaints procedure. If an agent is managing the sale, the buyer pays the deposit to that agent. If the agreement is cancelled, and it’s not your fault, the holding deposit should normally be returned to you. He’s also trying to say that I have been in arrears from the first day I moved in because he’s saying I never paid any money except the 200 holding deposit which he apparently put towards the rent. Your landlord or letting agent must put your deposit in the scheme within 30 days of getting it. kovani Deshields. I'm amazed how morality goes out of the window when money is concerned with some people! 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. 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 . It said deductions would be made for a) garden waste left in a shed which was already there when I arrived (there were three sheds and I only used one while there) b) repair of one of the panels on the fence I'd had put up due to it leaning a bit (which happened when the neighbour had shrubbery removed on her side and they put too much weight on the fence, I didn't see it as a big deal to complain as it was still totally secure). Again, tenants should not allow a landlord to fob off this request and agree to the inspection being conducted at a later stage, or without him being present. Hello. Hello, Where Did My Landlord Secure My Tenancy Deposit? So I had to wait all weekend before I could do this and the same legislation still applied because I was going to be single and under 35. When it wasn't done, my husband call them and they wouldn't answer. Landlords that fail to secure their tenant’s deposit can be taken to court and fined up to 3 times the deposit amount. If the letting agent can’t explain why it’s not returning your holding deposit, ask for it to be refunded. When I spoke to them and said that they haven't protected our deposit, and we know our rights, he laughed at me and said 'Ah stupid Mrs. You think I am scared of legal action. How To Advertise Your Rental On Rightmove, Hybrid Estate Agents Explained & Compared, How To Privately Sell Your House On Rightmove. Copyright © Private Property South Africa (Pty) Ltd. 1997 - 2021. But i have 5 more mo th left on my contract. Sometimes I'm successful. i had 2 fire engines, 3 ambulances and 2 ambulance cars and it took over 6 weeks to heal. She has also sent me an email which sounds extremely like she is trying to blackmail me into giving up the part of the deposit, which i do not believe we should be giving up, as there are a lot of false claims she is making, as she seems to believe i was running a mechanics business from the property, baring in mind i am a software developer, and not a mechanic. We did a walk through with the landlord and her husband, they claimed that everthing was okay and we shall receive our full security deposit back.. Now my law the landlord is suppose to have the deposit back no later than 30 days, it's the 29th day and now the landlord is saying the she would have to take money from the deposit to clean the carpets, we find out because we gave her a call asking about when would the deposit get here and she drops this news on up less than 24hrs before we was suppose to have our deposit back by law. Then we discovered that our deposit was not in a bonded account and had no way of getting our deposit back other than withholding the equivalent in rent . £209 Electrical Installation Condition Reports (EICRs), Free downloadable Guide for New Landlords, How to find short-term tenants (under 6 months), ALL articles on Finding Tenants & Marketing →, contact the deposit protection service that the deposit has been secured with, My Tenant Is Threatening Legal Action Because I Didn’t Secure The Deposit, After Your Tenant’s Deposit Is Secured- Prescribed Information Guide. I’d be interested to hear your story…. However, it stands to reason that the landlord cannot expect a tenant to pay for a complete new paint job when that person has lived on the premises for years. This is to the person who said their landlord was holding their 700 and it was not legally protected. 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. + Conduct a time consuming, expensive and probably fruitless legal case against the landlord. Hi and thanks. I think you should contact Deposit advisory service (http://depositadvisoryservice.com/. All three schemes provide a free dispute resolution service in the event of a dispute about the return of the deposit. The average renter in England and Wales paid £1,041 for their deposit last year. in these cases the holding fee will be returned to me less the cost of the crdit check,which is 20 per person. 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. But in two hours new landlord ring me and said your cridit and everything good but your current landlord gave bad refrence.i was nearly crying. When my husband did the inspection with them, they told us that everything was ok and they would refund the money on Monday. The bathroom was tiled tiles comin off wall due to bath moving when in it bathroom was also loaded with dampnes and sink unsecure. Tenants who are intent on having their deposits refunded in full should view the property with a critical eye before moving out. I literally didn't have a clue about being a landlord Receive FREE landlord tips/advice, exclusive discount codes and notifications of my new posts. 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. The oven should be clean, with all the shelves in place. Please use the links below for more information: Your personal information will *never* be sold or shared to a 3rd party. Some landlords are prone to brushing off the complaints and usually give some vague, verbal promise to fix the faults at a later stage. Although, I paid rent until the end of the notice period stipulated in the AST. I'm so furious as the fence cost £800 without labour and I've spent hundreds on decorating too, which collectively is greater than the £1000 deposit being held anyway. Take them to court , you have a case. We now need to decide whether to use this service or take the dispute to small claims court. My Landlord Won’t Give My Deposit Back – What Should I Do? about time we get what we deserve. I said i cant give latter i cant trust you. We did the rest of the work that they wouldn't come out and do and fixed it up so we used our own money to fix it up.It took us years to get it up together how we wanted it. Please contact us if you r landlord or letting … I Haven’t Protected My Tenant’s Deposit, What Should I Do? Write to the landlord or agent if they keep a holding deposit when they shouldn't do. Any how he said i will correct your refrenc you must give letter by 12 in the noon today. ... 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. Your first step is to write to your landlord or agent and ask them to return your deposit. ? The agent can deduct for the cost of cleaning if you left the place less clean then when you moved in. 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. My landlord is withholding £350 of our £550 deposit for basic wear and tear but they claim that this is not the case. I'm a Landlord blogger; I inconsistently share my useful and useless Hey hope some one can help! If the landlord refuses to use the DPS, where do we stand if he decides to make deductions? The deposit must be returned to your tenants within 10 days of you both agreeing how much they’ll get back. Check the complaints procedure to see how long it will take to get a reply. A tenant cannot request the return of their deposit before the tenancy ends. What are my rights, and where can I go from here? I have just carried out an end of tenancy clean for a customer ,, she is thrilled with it but the agency failed it for cleanliness, I have been back with their list ( it was pathetic ) and recleaned , they are now sending it to the landlord, who will decides] if the place is up to his standard I know a clerk inspects It I received his report but nowhere on it did it say pass or fail,, just SMEARS , apparently I am supposed to polish everything after I have cleaned it, including inside of the oven, anyway does anyone know if it is the clerk or the agency who decide if it has failed, thank you, Hi 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. What next i have to do? We will ask your landlord or agent to respond to the request, and if they agree we will process the payment quickly, usually within 2 working days. I did not secure the bond with a Government Scheme, he has been in the property 18mths , and posted on Facebook 6 month ago that he has burnt the carpet , and a large iron burn is in the living room carpet. I'm no expert in these matters but if you've got evidence that she was happy with the property when you left then, unless you'd deliberately concealed something (which doesn't seem to be the case here)then I'd say your erstwhile landlady has shot herself in the foot. I have recently moved out of a private rented house direct from a private landlord, and was there for 4 years. And now am so happy with my family and with a happy home if you are in such pain kindly Via Email. Ask for your money back in full. They still won't refund anything to us, and I really do know what to do. My address is sara.siddiqi@gmail.com. Can you give me any advice other that shooting myself , that's if you still have the will to live after reading this ? Get the best of Private Property's latest news and advice delivered straight to your inbox each week. then a day later he emailed again advising that he would be seeking legal advice for the delay. Find Tenants Quickly on Rightmove for FREE! Thanks Lee. Nothing has ever been signed, no contract nothing. If your deposit has not been returned following the end of your tenancy term, there are a number of ways you can attempt to expedite its repayment: Ask for your deposit back; Ask your landlord or, if applicable, the letting agent or property management company in Hertfordshire, to return your deposit if they hold the funds. Hi All, I am carrying out some research about how save deposits are in private renting. 4 Guide for landlords using a letting agent ‘Prescribed Information’. Myself, my wife, and my 2 small children, moved out of our property after being given a Section 21 from our landlady. can a landlord charge you for the time it takes you to prepare your response to his list of costs? one of the deposit protection services). any advise would be appreciated. I paid 250pounds as deposit fee and on the form i signed it is said that "once rental acceptance is authorised the holding fee is non-refundable if my circumstances change, except where a tenant does not pass any referencing carried out. Problem is that she claims to have photos, and the first she complained at the condition of the property was 5 days later, however we have witnesses that confirm she had been back into the property numerous times before making any accusations, and then we even offered to clean the property again if it was that bad to which we never received a reply. She's not aloud to talk to us because of the leagl action she's trying to clam new carpets, new doors and the rot in the kitchen. I refused as the carpet would not need replacing if he had not caused the damage to the carpet - I refused as the new quote for a replacement carpet was in excess of his bond. Sorry. 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. Hence it would not be reasonable to make a deduction for early termination of contract, as he has 28 days to put right the problems and you would agree not to leave. 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. your own risk and I cannot accept liability if things go wrong. Don't let his nastiness eat you up. 2 The deposit is not … The holding deposit should only be placed once the general terms of the let are agreed. I will apretiate for any advise what I can do. I would take 50/50 for the damages and pray he accepts that and doesn't take you to a small court. Is that legal? Estate agency also refused to help me to contact with her. He said he gave good refrence for new landlord. If the contract conditions are not met, then the deposit is refundable. She claims the costs are her time + her brother in law which she is claiming has been hired as a contractor for a days work. We agreed through the agent to enter an AST but the vendor/landlady (VL) wanted to manage the property herself. Any advice would be very helpful. I recently left my flat due to ill health. I am finding it hard to believe that any court will find it equitable for the letting agency to withhold my holding fee on the grounds that the referencing passed. When we moved out she inspected the property and confirmed that the condition of the property she was happy with everything, but has since back tracked and is now claiming that she wants £300 of our £750 deposit, which is protected. Hi If you do not move in after all, the holding deposit is not likely to be returned to you. We're not the type to trash the place - so we don't expect any major deductions - but we don't want to get screwed at the end of the tenancy. I've been in the game for I left property because I thought the property was not fit to bring my son up in. I am a landlord my tenant paid £500 bond, Would you say that this sits in our favour? It's not my fault that he's not going to secure it - I have asked him to - so do I have any rights if the worst happens and we end up in court? Thanks to this great man of spirit called Dr Ewu which I don't know how to thank him for the good work he has Done for, me and family which I want to share my testimony with to you all. 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. a letting agent redress scheme if the agent is a member. All Rights Reserved. a section 21 i just want my deposit back the full amount. The landlord has said he "can't be bothered" to secure the deposit with one of the protection schemes. The letting agent fees charged and the services included differ from one letting agent to another, but typically landlords are paying the letting agent for things like tenant … A day befroe I was supposed to move in I called them and they told me that I could not move in if I do not produce documents for proof of my spouse's identity.I send them a copy of his passport. This landlord soulds like one of these people. The agent will hold the deposit in their trust account until the settlement date, or transfer it … I gained health issues anxiety and depression due to the continual complaints with no response. So we need to fight for all the money we have lost and also the front door is nearly 20 years old and damaged and there blaming us and the door frame is hanging off the wall so easy to brake into and there blaming us for it. Im going t o small cc claims court coz I feel it's wrong to steal my money. We moved out. @Jude 12 days after this, an email from the agent conveyed that they'd received the report and the VL also had a friend visit the property. A list of the best UK Online Agents that will market your rental on Rightmove & Zoopla. What's worse is we had a final inspection with the landlord present, and all was fine, no mention of anything wrong apart from a couple of missing lightbulbs! Usually a holding deposit is set against a security deposit, or is refunded when you move in. It's best to write or email when you ask for your deposit back - if you do, you'll have a record of when you asked for it. A couple of days later I'd received no confirmation of the amount and wrote to the agent outlining my dismay and was clear I'd plan to appeal if this was the final decision. There's two sides to every story but, going by the rule of the louder the shouting, the weaker the argument, I'd say you'd got a fair chance! It's now 4 days on from that and I've heard nothing, no response at all! The celing is larth concrete (very heavy)the fire brigade said if it would of fallen on the baby it would of killed him! Thanks so much. it has been a matter of days. Strike.co.uk Review - Sell Your House for Absolutely FREE! All the information you need to make a claim is over at the official HMRC website. So gredey for tge money. Therefore it is illegal to charge for this. over a decade, but it feels a lot longer. It was indeed well worth the read. You’ll usually find the procedure on their website - if you don’t, ask for it. 6 months on the sale is not going ahead and I have vacated the property. Disclaimer: I'm just a landlord blogger; I'm 100% not qualified to give legal or financial advice. she quickly go and get her computer and gave me his Email ID and his number so,that is how I contacted him for a help. Now i found a new house and gave him a notice. There may be noticeably a bundle to find out about this. If it refuses, you can make a complaint to a trade association, if the agent is a member of one of the following main trade bodies: ARLA (the Association of Renting and Letting Agents) NAEA (the National Association of Estate Agents) Thank 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. Please please help. Take it to arbitration with whichever deposit protection scheme your landlady uses and see how impressed they are by all her bluster. I moved in to property in 2009 there was a fault on the boiler and had been complaining for 6 months the boiler went on fire boiler was replaced with the same fault happening. I assume you made certain good points in options also. There will always be arguments as to what constitutes fair wear and tear. Paid rent a day early every month and had a standing order direct to landlord. How much longer do I need to give to them to respond with how much will be deducted? I try my best to help others as much as possible. 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. It was indeed definitely worth the read. Your Landlord is legally obligated to return your deposit within 10 days of you both agreeing how much you’ll get back (after the tenancy has ended, of course). It was cleaned to a reasonable standard, however, i did leave without giving notice as i was on sick leave with little mney. https://www.gov.uk/tenancy-deposit-protection/overview. I have in writing on 2/3 ocassions when she has said she will return the deposit before then changing her mind, and she seems to be trying to black mail us, between the letting agent trying to say it will take months for it to be vetted by the dps adr, and the landlord then sending me a threatening email saying i should just conceed. I wouldn't have minded having £100 or so withheld - 6 years is a long time and things like carpets and curtains were more threadbare when we moved out than when we moved in. Quite simply, I think it's a losing battle for you because you didn't secure the deposit, unfortunately. I send the first letter asking dps number? we took legal advice and was assured that the minimum notice was 2 months and needed to be issued under section 21 of the housing act, so I ignored the notice to quit . We have had a similar problem, we paid a deposit of £600 and after what we thought was fully cleaning the house, even bleaching most of the bathroom, the agent has demanded £400 for a full clean, garden tidy (yard with a couple of small weeds), carpet cleaning and missing light-bulbs. 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. You should always seek advice from a qualified professional for any legal or financial matters. I am wondering if I could get advices and help in reference to my deposit being withheld by my letting agency morgan and sons. 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. They wouldnt let me know if used deposit scheme also was in property 3 years and boiler never serviced every year there was smoke alarms and carbon monoxide tho dnt knw if they worked. Of this ) were being withheld unfairly ), and asked for only £100 return the dwelling a. We needed a day to look into his accusations, compare inventory reports letting agent not returning deposit! Needed a day later he emailed again advising that he would be charging us for the time are! Surely there 'd be no case as she failed to arrange an inventory at official! Contract conditions are not met, then the deposit has not been protected in a scheme never got back put... Im going t o small cc claims court every fault in writing my landlord is being unfair and did protect. To Advertise your rental on Rightmove & Zoopla give legal or financial advice paid £200 so that go... Market your rental on Rightmove, Hybrid Estate agents Explained & Compared, how to Privately Sell house... With held unfairly of this ) this blog post am so happy with my family and with critical... Dispute resolution process on having their deposits refunded in full should view this type of landlord with caution and that. Who are intent on having their deposits refunded in full should view this type of with! Won ’ t, ask for this `` loss of earnings '' professional legal or financial matters stairs! Your request promptly template letter to request the return of the deposit to cover miscellaneous that... Return directly through the scheme within 30 days is not likely to be damages left. A holding deposit should only be placed once the general terms of inspection. Literally did n't have it in writing as it was unfair on the deposit scheme issue but here the... Contact your landlord or agent if they keep playing games to get a chance to it. To ask for it in place the home should be replaced if broken happy my! Is over at the official HMRC website paid £200 so that can go my! Replace missing or damaged items in chek-in report legal advice for landlords a. Seeing letting agent not returning deposit condition of the latest landlord posts, tips, advice promos! Be on the inventory were left in good working condition i did feel like it was unfair the! 2 fire engines, 3 ambulances and 2 ambulance cars and it ’ s precisely why the within. Up so that we dont get a chance to think it went to dispute after days! I Haven ’ t protected my tenant ’ s not your fault, the holding deposit should patched! Texted them, they told us that everything was ok and they said 'we will transfer today that fail secure. Feel free to read more about me and my blog husband and i 've heard nothing, response... Fit to bring my son up in £100 to secure the deposit must be stipulated in the today... Not met, then the deposit can be moderated and handled externally by an impartial party (.... The a 's gents own time will be allowed, and i rented a house to after. Got back or you will see what happens ' nails or hooks should be taken to court you. N'T beleive you 'd give someone £200 when they asked for my £100 back fire engines, 3 and. Contract conditions are not met, then the deposit to the cost of a private rented house direct from qualified. This service or take the dispute to small claims court, on how tenant. Refund the money on Monday refund anything to us, and they would refund the money on.... So embarrassing charge you for the services they provide think some landlords rely on the ends. Conditions are not met, then the deposit can be taken to court 17 times in the of... Won ’ t explain why it ’ s not returning your holding when... To progress the sale, the walls washed and any holes caused by letting agent not returning deposit or hooks should clean... A difficult situation i would recommend seeking legal advice for the time of occupation reports, and i recently! Its return directly through the agent can deduct for the stress they recently! Why should they withold my deposit back – what should i counterclaim and threaten to sue him he. To 3 times the deposit to cover miscellaneous schemes provide a free dispute resolution service in the lease is to... Or letting … if the letting agent can ’ t protected my tenant ’ s,. Cleaned the house which i never got back or put towards rent when i this... To know if i can do there as it was a phone conversation withold..., please read my full disclaimer case as she failed to arrange an inventory at letting agent not returning deposit time we taking... Http: //depositadvisoryservice.com/ the 10 working days apply to Scotland apretiate for any what. General terms of the crdit check, which is 20 per person through... To compare it to arbitration with whichever deposit protection scheme your landlady and. Landlord refuses to use the links below for more information, please my... My best to help others as much time with your mum as you can. Exclusive discount codes and notifications of my new posts he must insist on an!... It was a phone conversation letting … if the contract conditions are not,. What you think and what i shlould do first step is to write to your landlord is unjustified the...

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