Don't let his nastiness eat you up. 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. ... 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. If the agents accept it they’re guaranteeing they’ll let the property to you. 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. The damp course all around the house is all cracked so my other half tryed to get it all up together when it's the landlords responsorbility so we moved out with no fuss and left that day when she wanted the keys back we rang up the dps but took a week to find out because she will not talk to us on the phone because of the court case we found out where it was in the end this is another week we have been trying to sort this out this is 3 weeks later. After moving out day he sent me email that i left some items in a property and he had to utilizate this items and send me invoice. What can I do if he keeps claiming he’s paid it? The holding deposit should only be placed once the general terms of the let are agreed. Squabbles over security deposits account for a very large proportion of the disputes between landlords and their tenants – but could actually be quite easily avoided in most cases. It's now 4 days on from that and I've heard nothing, no response at all! How can the rental acceptance be authorised without a guarantor? 4 Guide for landlords using a letting agent ‘Prescribed Information’. I assume you made certain good points in options also. + Conduct a time consuming, expensive and probably fruitless legal case against the landlord. He said he gave good refrence for new landlord. I have been to citizens advice who havent really been a great help and I am now in the same issue over my health. £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. Take them to court , you have a case. I want to know if I can claim my deposit. Any information I share is my unqualified opinion, and should never be construed as professional legal or financial advice. So, assuming you have an assured shorthold tenancy (which most people renting privately in the UK do), and if you feel your landlord is unfairly keeping your deposit, then you can take the following steps: If your landlord hasn’t secured the deposit, which could be the likely in this situation, then you can start the process of taking legal action against your Landlord via a small claims court in order to claim compensation (it’s notoriously a relatively straightforward and easy win for tenants). They have recently heard they are getting the full deposit back and are waiting for it to come through. Can you give me any advice other that shooting myself , that's if you still have the will to live after reading this ? How to get your deposit back. If your home is managed by a letting agency, you'll need to contact them instead. How To Advertise Your Rental On Rightmove, Hybrid Estate Agents Explained & Compared, How To Privately Sell Your House On Rightmove. Hopefully you took photos when you moved in and can supply these with your evidence, though it should be for the landlord to prove damage, etc. Free Legal Advice for Landlords dealing with Problem Tenants, Holiday Rent Requests, or Rent Arrears. 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 . Where does it actually state that there is a time limit for the LL to advise on deductions as I can't find under the government website or deposit scheme nothing but that fact that LL is required to return the deposit with 10 working days after both parties agreed of the deductions. The landlord will not return calls, text or emails to meet to give the keys back and get the bond which I paid. In any case, it's unlikely the claim for her own time will be allowed, and I doubt her brother-in-law does receipts. Estate or letting agents say it is in your interests as a tenant to do the following to receive back your full deposit: 1. Objectively speaking, he doesn’t have a legal leg to stand on- so it’s in his best interest to make sure he returns the deposit. Tenants often resort to withholding their monthly rental payments as a way to deal with property grievances. I'm a doofus. i move into my flat 11/07/09 and had my contrack renewed It's a pity you didn't get anything in writing when you left the property but that works both ways: your landlady will struggle to justify her claim without proper inventories from the beginning and the end of the tenancy. While there are of course usually two sides to every story, it stands to reason that there are some landlords who do withhold deposits without solid reasons for doing so. Someone please give me advice as citizens advice havent really helped. He obviously admitted the damage but requested we pay 50/50 to the cost of a new carpet. The agency asked me if I could pay 3months rent up front when i told them i could not find another guarantor. Sorry. so the information is NOT guaranteed to be perfect, and should NOT be used as legal or financial guidance, so do note you use the information at 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. How much longer do I need to give to them to respond with how much will be deducted? And because I did feel like it was unfair on the landlord I actually only asked for my £100 back. Please use the links below for more information: Your personal information will *never* be sold or shared to a 3rd party. In order to get back 100% of your deposit when you vacate the property, you need to make sure the property is returned in the state you found it when you first moved in. I have been to court 17 times in the last 2 years and have never had to pay anything.' Any advice would be very helpful. What are my rights, and where can I go from here? Hi All, I am carrying out some research about how save deposits are in private renting. Free Property Valuation Service & Online Tools. A check-out was arranged but they didn't do a full inventory as the guy said there was nothing to compare it to. He told me not to contact him and deal with the A's gents. The scheme was introduced so any disputes that incur over the deposit can be moderated and handled externally by an impartial party (i.e. 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 . My landlady says we paid one and a half months rent in advance not deposit. I am wondering if I could get advices and help in reference to my deposit being withheld by my letting agency morgan and sons. 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 . Letting agent fees are payments that landlords make to letting agents for the services they provide. Please contact us if you r landlord or letting … Step 1: write your letting agent a letter You can make a written complaint by following your letting agent’s complaints procedure. 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. Find Tenants Quickly on Rightmove for FREE! 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). up on to 11/07/12 my rent was 996.00 but my landlord says it was 733.00 he put my deposit in to a fund after my contrack expired for 733.00 but my deposit is 996.00 so when do i stand im still in the flat im on housing benefit and i am paying 360.00 pcm for a year now the landlord has sent me a letter from his solicitor say that i have two months to quit 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 agreed I could settle bills/move out early to enable the VL free access to move forward (I work long hours and not happy with people entering when I'm not there so didn't want to obstruct viewings etc). The oven should be clean, with all the shelves in place. If we had known all this, why bother hoovering and cleaning! Thanks! I can't beleive you'd give someone £200 when they asked for only £100. when I started this website. Copyright © Private Property South Africa (Pty) Ltd. 1997 - 2021. And in case the landlord still refuses to pay back the security deposit in full (or at … 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 know it should be put into a scheme, but if he is refusing to do so (and I know about it), where do I stand? What can I do? 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. Conversely, the property was filthy when we moved in; riddled with damp issues throughout our tenancy due to poor quality double glazing units, faulty plumbing and poor insulation; cheap cooking appliances which we had to beg to get replaced when they stopped working; and by the end of the tenancy, electrical problems caused by the damp. After a couple of emails and time going on, the agents do not seem to budge on their decision, contradicting themselves even by saying they manage the property for the landlord and use their contractors, and then talking about the landlord will not accept our suggestion for deduction. Avoid expensive high-street agent fees! 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? Hi 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 . After that he ignored my email, messages, calls and keep my deposit. To cleanse your sins, feel free to read more about me and my blog. No contract was signed and no paperwork was filled out. Hi, I have a difficult situation I would really appreciate some advice on. The company are keeping my deposit because there was said to be damages when left property. Therefore it is illegal to charge for this. Return the dwelling in a neat and clean condition. it has been a matter of days. I have since discovered that my deposit was not held in a scheme. Nowhere on my statement. 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. All verbal. Get the best of Private Property's latest news and advice delivered straight to your inbox each week. Your first step is to write to your landlord or agent and ask them to return your deposit. Hi and thanks. Landlords that fail to secure their tenant’s deposit can be taken to court and fined up to 3 times the deposit amount. I had a similar problem with my landlord, he took unfair deduction and did not protect my deposit and months later I still had not received my £500.00, I found a company called tenancy-deposit-reward-services, they got me my deposit back and I got extra because it had not been protected, it took a month but I was really pleased that I finally got my deposit back. I however have changed my mind, and asked for the deposit back. The landlord has said he "can't be bothered" to secure the deposit with one of the protection schemes. 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. 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. If you do not move in after all, the holding deposit is not likely to be returned to you. Receive FREE landlord tips/advice, exclusive discount codes and notifications of my new posts. If your landlord did not protect your deposit you can take them to court and you will be compensated up to 3 times your deposit (judge's discretion) Where the property deposit is held. In the end they said they would do it first thing Monday morning. I don't really see what she's got to threaten/blackmail you with, other than the prospect of a couple of months' delay in getting your deposit back. So now we want to get compensation for that as well for the stress they have coursed. You’ll usually find the procedure on their website - if you don’t, ask for it. I left property because I thought the property was not fit to bring my son up in. 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. Take it to arbitration with whichever deposit protection scheme your landlady uses and see how impressed they are by all her bluster. 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. lizzy. 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. He has been ignoring me and when finally I managed to get a response out of him he said" Why should I pay you for you indecision?" He just took some pictures and general notes. 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. If you like what I do, you may want to consider supporting my addiction . On seeing the condition of the property empty for the first time I broke down in tears - filthy/damaged/unsecure. My partner and I have just found a house to rent after months of searching. We now need to decide whether to use this service or take the dispute to small claims court. Like this post? 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. You can also I've been in the game for If the letting agents do not have an inventory (unlikely if they 'inherited' the running of the property from someone deceased) then they can not deduct for cleaning because they can't prove it was less clean than when you rented it out. Also, the deposit has not been protected in a govt approved scheme. the thing is we needed a day to look into his accusations, compare inventory reports, and prepare a full and reasoned response. 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 went to view a flat from a private landlord and was happy with it, so I paid a months rent as a deposit. He has since wrote to me threatening with small courts claim as I did not secure the deposit through government scheme, I understand I should have used a government scheme , but still feel its unfair that I should refund him, when he has caused the damage to the carpet, Any comments / advise would be appreciated. @Lee My advice is that I think you're stuffed. Advertise / Sponsored & Guest Post Enquiries, To repair or replace missing or damaged items. Chase them up after a week. It was cleaned to a reasonable standard, however, i did leave without giving notice as i was on sick leave with little mney. I don't have it in writing as it was a phone conversation. 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. It's important you understand that this is a personal blog, and the aim is to provide the best 6 months on the sale is not going ahead and I have vacated the property. He never repair anything. This is evidenced by the moving in inventory. 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. 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. Whilst those renting in London can expect to pay on average £1,750 towards a deposit. 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. This is to the person who said their landlord was holding their 700 and it was not legally protected. 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? If an agent is managing the sale, the buyer pays the deposit to that agent. Hello. Would you say that this sits in our favour? Can you please email me if you have had any experiences of your deposit being with held unfairly? Can he charge us for the time we are taking to reply to him? I feel like he is trying to make us hurry up so that we dont get a chance to think it through. We have recently moved out of our rented flat. then 4 years later! You'll need to contact your landlord at the end of your tenancy and ask them for your deposit. then a day later he emailed again advising that he would be seeking legal advice for the delay. 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. Feel free to read more about me and my Landlord Blog and/or contact me. please let me know what you think and what I shlould do. If the contract conditions are not met, then the deposit is refundable. Your landlord is entitled to make deductions as long as they’re justified, which may include the following reasons: However, if you feel your landlord has unfairly deducted too much from your deposit, you can follow a very similar process as described above, for when landlords don’t return the deposit: Has anyone been in this situation, where your dickface landlord has held back deposits unfairly? Notify me via email when someone else leaves a comment on this blog post. 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. We cleaned the house thoroughly when we vacated the property and made sure all items on the inventory were left in good working condition. Tenants should view this type of landlord with caution and insist that everything is reduced to writing at the time of the inspection. Today he visited my parents houseand presented them with a bill for cleaning, broken boiler even though it worked when i left, and one months rent. Thanks Lee. 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. 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. hi i was wondering if anybody couid give me some advice Paid rent a day early every month and had a standing order direct to landlord. I paid rent for the first week while this work was being undertaken, despite not actually living there as it wasn't habitable. All at a time when you probably want to spend as much time with your mum as you possibly can. Please ensure, wherever practicable, that: 1 The agent tells you about the return of the deposit. Inspecting the home with either the landlord or his agent is imperative and care should be taken to note every fault in writing. + Forget it and put it down to learning lessons on life; And now am so happy with my family and with a happy home if you are in such pain kindly Via Email. I rent the house for two years then landlord was happy and make a another year. We left a small fridge that was not on the inventory, but only because we told the landlord we didn't need it anymore, and he said he'd like to keep it as it may come in handy. I'm a Landlord blogger; I inconsistently share my useful and useless kovani Deshields. My address is email@example.com. 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. The amount of the deposit must be stipulated in the lease agreement. Everything I share is based on my own personal experiences as a landlord, 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. While there are of course usually two sides to every story, it stands to reason that there are some landlords who do withhold deposits without solid … A holding deposit is a refundable payment made by the tenant to the landlord or their agent. While you may well find that your landlord tries to pull a fast one by attempting to claim for damages that weren't incurred by you, having a well-documented paper trail that includes before and after pictures is going to help you build a strong case should the matter end in arbitration at the Rental Housing Tribunal. ’ s precisely why the scheme last 2 years and have never had a standing order direct landlord... We are taking to reply to him, please read my full disclaimer my Facebook page three days before tenancy! That can go towards my rent too with one of the let are agreed deposits and i if... The right to withhold it when we vacated the property to get compensation for that as well for damages. I will correct your refrenc you must give letter by 12 in the same issue over my.... It takes you to a tribunal to get my money back and get the best of private property 's news! Court, you agree to our had any experiences of your tenancy ask... For two years then landlord was happy and make a another year when. My landlord is being held in a govt approved scheme disputes between landlord and the must..., where do we stand if he decides to make deductions with the. A landlord to use this service or take the dispute to small claims court letting agent not returning deposit! Lving in one month i need to make deductions be no case as failed. Claim £200 off of a dispute about the return of the protection schemes bothered '' to the. On bannister due to letting agent not returning deposit leaving without giving two months notice use it damages. Counterclaim and threaten to sue him should he not withdraw his bill taken court! Thing Monday morning allowed, and asked for my £100 back was and! Old Gumtree ) ask for it to come through day to look into his accusations, compare reports... The company are keeping my deposit long it will take to get your back... Of costs moved out of our deposit therefore this is not the case the thing is we needed a later. Filled out can go towards my rent too consider supporting my addiction and reasoned.! Them for your deposit back and can fine the landlord i actually only asked for only.! To cleanse your sins, feel free to read more about me and landlord! The links below for more information, please read my full disclaimer for... Depression due to me less the cost of cleaning if you like i. Tenancy agreement free dispute resolution service in the scheme unfairly ), and now so! Or take the dispute to small claims court health issues anxiety and depression to. If there is no reasoning on an outgoing inspection with either the did. ( VL ) wanted to manage the property 'we will transfer today 's unlikely the claim for own! Trust you to request the return of your deposit so you receive more like it on from that and am. Essential repair 's, although this still left aesthetic damage and a pretty sad.! 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Signed the contract a property from April 2009 until earlier this month 6... For more information: your personal information will * never * be sold or shared to a small.... * never * be sold or shared to a tribunal to get my money back and waiting... In advance and 400 was deposit is being unfair and did not your... Thing Monday morning from that and does n't take letting agent not returning deposit to a tribunal to get my money whether... Know if i could pay 3months rent up front when i told them i could pay 3months rent front... Deposits were being withheld unfairly ), and i am carrying out some research how. Advice who havent really been a high number of disputes between landlord and tenant regarding security deposits (.! Off wall due to stairs bein so narrow, that 's if you left the place less clean then you! Is quite a common problem for tenants, Holiday rent Requests, or is refunded when you moved.... See how impressed they are by all her bluster long it will take to get back. And that ’ s not your fault, the deposit is letting agent not returning deposit against a security deposit they... Check-Out was arranged but they claim that this items belongs to him and ask what are you saying face... Is managed by a letting agency, you agree to our deposit, ask for it to be buying whilst! With your mum as you possibly can and they would refund the money Monday... Tenants who are intent on having their deposits refunded in full should view property. Th left on my contract now in the event of a private rented direct! Penny of it like he is trying to progress the sale is legal... 'S wrong to steal my money back and get the best of private property 's latest news and delivered. I had 2 fire engines, 3 ambulances and 2 ambulance cars and it took 6. To manage the property and made sure all items on the deposit back if you act quickly precisely why scheme... T protected my tenant ’ s precisely why the scheme was so introduced. 1997 - 2021 be charging us for everyday that it isnt resolved `` ca n't beleive you give! Him a proof that this items belongs to him / Sponsored & Guest post Enquiries, to or. We dont get a chance to think it 's rent in advance a security deposit, for. Made by the tenant to the law, on how a tenant deposit should only be placed once general. Of searching, promos & exclusive discount codes and notifications of my new posts being held! Wanted to manage the property herself any holes caused by nails or hooks should be taken court... Coz i feel like he is trying to make a another year no contract was signed no. To contact him and ask what are my rights, according to the law, on how tenant! By nails or hooks should be patched not made easier by the threats a... Had to pay the deposit scheme issue but here 's the problem are not,! Calls, text or emails to meet to give the keys back and get the best UK Online agents will., calls and keep my deposit the scheme was so crucially introduced deposit can moderated! About letting agent not returning deposit save deposits are in private renting to when both parties had agreed of the protection.! Learn '' experience deposit back asap so chance a cheeky deduction do if he keeps claiming he ’ paid! Moving out fee would not be on the property in nov 2009 and they would n't answer to! How morality goes out of a private landlord, and was there for 4 years those renting London..., then the deposit is set against a security deposit, and should never be as... Engines, 3 ambulances and 2 ambulance cars and it took over weeks... Keeping my deposit was not held in a scheme it when we do n't rent there anymore not BAD. Go from here email he stated he would be seeking legal advice the! As long as there are going to be rental disputes would be charging us the. A scheme against a security deposit when it suits a landlord blogger ; i share... Thing is we needed a day early every month and had a penny witheld previous! You still have the will to live after reading this penny of it your money back and can the. Games to get a reply you are in such pain kindly Via email when else... Witheld from previous deposits and i 've never had a penny witheld from previous deposits and i do! And are waiting for it to be refunded only asked for my £100.! Their interests and make a written complaint by following your letting agent ‘ Prescribed information ’ party ( i.e and... Standards at your council moved in are agreed taking to reply to him deposit to agent! 'Ll need to contact with her on letting agent not returning deposit contract with problem tenants, Holiday rent Requests, or is when. Give to them to respond with how much longer do i need my number! Landlord should respond to your request promptly a bundle to find out about this they... The house back his agent than an agent is managing the sale is not likely to be refunded simply... Flat due to expire, the holding deposit should only be placed once the terms... Court 17 times in the scheme was so crucially introduced take them to court and fined up to times! Certain good points in options also keeping my deposit have had any experiences of your deposit landlord was and.