Landlord witholding deposit... What can I do without going down for th

[houlsby]

So, I moved out at the weekend, done it properly and gave him 2 months notice, house is in ok nick.. We've been there 3.5 years with our kid.

 

I get the impression that I'm not getting my deposit back, he rang me last night saying if I didn't paint it and sort the grass where I park my car then I'm not getting my money back, was funny with me about him not having anyone for the next months rent, and was generally quite snotty.

 

Where do I stand in the law, if say, I removed the kitchen?

 

I'm not saying IM GOING TO, just, what happens legally If I did?

 

My deposits in the safe deposit scheme, and is still active.. So I imagine that he's not doing anything to get it back.

[LondonLuke]

If you deposit is secured then don't do anything rash.

 

He will need your written approval before it can be released and will need to supply quotes etc with any claim

 

Ultimately it will probably go to TDS but 3.5 years of wear and tear will give you a good backing in any court case

[Paddy Galore!]

go on, do it! you know you want to

[sitsinhedges]

I would imagine that if you removed the kitchen you might end up picking up the soap for Bubba. Not a wise move under any circumstances.

[oscarsdad]

Play it by the book, he can't make you paint as that should be covered under acceptable wear and tear.

 

Have you returned the keys? You are in a stronger position if you haven't (or at least you can hide some squid or mackerel inside curtain poles or somewhere else no one will think to look to find the smell lol! )

[chrisjh]

ok for what its worth did you do a schedule of condition before you moved in, did this include photos and did you agree with landlord or agent on its condition and photos were an accurate depiction.

 

what are the terms of you lease ?

 

best advise meet landlord at the property walk round and agree room by room it might be cheaper to paint a few bits here & there tidy garden few hours work to get deposit back.

 

it will all hinge on the terms of your tenancy and your records

 

just for the record keeping the keys will in effect extend your tenancy he can then legally say your still in occupation for a further X months which he can and will recover via the courts from you

Edited October 29, 2013 by chrisjh

[HDAV]

Did you paint anything while living there? A bare patch of grass in October..... Not alot you can do, I would let it go through the process with the deposit people ( photograph everything before you leave if you can.....)

[junctiontwo]

You could try these. My Mum uses them a lot as a landlord, although they do give advice to tenants:

 

http://www.landlords.org.uk/tenants

[Footu]

You know you shouldn't, but how much is the deposit and what would the second hand kitchen fetch?

[-Mongrel-]

Rip the kitchen out and you will become liable for the new kitchen and fitting of it. If I was him, I'd have you through the courts for it. Nothing to lose and pretty cut and dried.

 

However, IF the place is still in decent order, has been well looked after and left in good condition, then speak with the TDS and let things take their course. He can't expect 3 years worth of rent for no maintenance costs.

[aris]

Deposit = final months rent.

[JustJon]

I've just followed the letter of the law, went to mediation and got all my money back.

 

Contact deposit scheme - there's 3 with different rules. Tell them you want your money, it starts the ball rolling.

 

Everything else is quiet specific, if you want to chat PM me.

 

Like;

Inventory

Condition

Work while there

Landlord or letting agent

Etc etc etc

[karpman]

Surely he has to register a claim against you to get your money otherwise it's returned no later than 30 days of the tenancy ending?

 

It's down to him to prove you wrecked the place as opposed to you proving you left in it good nick? Both times I have ended tenancy's i have had a walk round with the landlords addressing issues before keys are returned.

Karpman

[overandunder2012]

sublet it out for a few months to get ur cash back dont pay the rent make him evict you costly then pass it on to squatters on the last day

Edited October 29, 2013 by overandunder2012

[JustJon]

Surely he has to register a claim against you to get your money otherwise it's returned no later than 30 days of the tenancy ending?

 

n

Depends on the deposit scheme.

[BRNDL]

Unless you have left considerable damage behind I can't see the problem with bloody fussy landlords. Out with the old and in with the new.

 

Simple.

[-Mongrel-]

Deposit = final months rent.

Not always.

[Davyo]

You should have a copy if the tenants agreement when you first took the keys.Any conditions should be listed within the contract.

[aris]

Not always.

It's up to you really.

[LondonLuke]

Not always.

I suspect he is suggesting not paying the last month instead offsetting against deposit.

[-Mongrel-]

I suspect he is suggesting not paying the last month instead offsetting against deposit.

Which could, depending on the contract, put you in rent arrears. IF the LL is a big enough ****, he could then have you blacklisted.

[LondonLuke]

Which could, depending on the contract, put you in rent arrears. IF the LL is a big enough ****, he could then have you blacklisted.

Agreed. Worked in London property for best part of ten years and it grinds my gears when tenants do this.

[scotslad]

Think with the safe deposit scheme u have far more in ur favour than before.

 

Hopefully like many others have said take photo's off any damage and general condition of the house.

After 3 years i would expect a flat to possibly need a lick of paint here or there.

Not a lot u can do about the grass this time of year. Althou if ur far enough down south might be worth chucking a handful off grass seeds out, doubtful if would germinate, but it would grow if it did germinate

[fazzer]

they will do whatever they can to keep your money they have done it to me,now they have just done it to my daughter she left before the comtract ended because the bedroom was that damp that there was mold growing in there and her clothes in the wardrobe were wet and also had an infestation of bugs.She also go asthma from the damp.she took a lot of pics and threatened him with the press,he soon gave her money back they will find any excuse to keep your money.

[westmids1987]

Try and go through the schemes resolution service,although the landlord doesnt have to agree to this most do,and the chance of you winning are much higher then the landlord.

fair wear and tear for 3.5 years with a child will be taken into account,ive just been through dps resolution service and the biggest tip i'd give is evidence evidence evidence!

although its up to the landlord to prove the damage,my landlord claimed some things that were totally made up but managed to persuade the adudacator that it was true and as i knew it was lies didnt bother to add any counter evidence which i could of easily done and won,the landlord ended up winning back 300 out of my deposit,they originally tried to claim £1700 so i wouldnt worry too much fella its much fairer these days!just remember to write everything down and include the pre and post tenancy inventories!(if there isnt an inventory even better for you!)