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View Full Version : Tenant vacated at term expiry- L delay in repaying deposit



garner86
21-01-2009, 13:03 PM
Hi all,

2 weeks ago (05/01/09) I moved out of a house me and my partner rented for 13 months. I was told by my landlord that my £500 deposit was under the DPS scheme and that the tenancy agreement had been drawn up by an agent.

My landlord has informed me that she is deducting £100 for 2 cigarette burn holes in a carpet and a "rip" in the wallpaper, fair enough i'll live with that, i guess burn holes aren't considered wear and tear. More importantly she said she has my deposit (£400) in a bag that I need to come and pick up today.

She informed me that the Tenancy agreement was drawn up by an agent. I have been informed now that she doesn't have an agent and a discussion I had regarding rent was actually with one of her friends who advised her on renting etc.

As far as I am aware the deposit should of been paid straight back into my bank account from the government deposit protection scheme.


Should I just grab the money and run?

I feel that I have somehow been fooled and am not happy about the situation. Any advice? should i take this further?

SALL
21-01-2009, 13:17 PM
Hi all,

2 weeks ago (05/01/09) I moved out of a house me and my partner rented for 13 months. I was told by my landlord that my £500 deposit was under the DPS scheme and that the tenancy agreement had been drawn up by an agent.

My landlord has informed me that she is deducting £100 for 2 cigarette burn holes in a carpet and a "rip" in the wallpaper, fair enough i'll live with that, i guess burn holes aren't considered wear and tear. More importantly she said she has my deposit (£400) in a bag that I need to come and pick up today.

She informed me that the Tenancy agreement was drawn up by an agent. I have been informed now that she doesn't have an agent and a discussion I had regarding rent was actually with one of her friends who advised her on renting etc.

As far as I am aware the deposit should of been paid straight back into my bank account from the government deposit protection scheme.


Should I just grab the money and run?

I feel that I have somehow been fooled and am not happy about the situation. Any advice? should i take this further?

Government deposit protection scheme is there to protect tenants from LL's who don't return deposits. Your LL is returning your deposit after fair deductions for the damage you have caused. So what are you not happy about?

garner86
21-01-2009, 13:24 PM
I guess am unhappy about the blatant lies she has fed me.

I am only 22 and have no experience in property. She has been pretty fair during my tenancy.

I guess the two points are:
Being lied to about my deposit being protected... when it was in her account stacking up interest.
being lied to about her imaginary agent...

Am also unhappy about receiving my deposit in a Asda bag.

Mars Mug
21-01-2009, 14:07 PM
I can’t see this issue is worth pursuing, do you believe you could take the landlord to court and win (and if so win what?). Tell the landlord to shop at Waitrose.

garner86
21-01-2009, 14:08 PM
I'd imagine that you are a landlord, so I guess you see this from her perspective. However It's not something I can just laugh off, she broke a legally binding contract the moment I signed it. The Tenancy agreement actually stated my deposit was protected under DPS and that there was an agent not just her getting friends to pretend to be agents. Therefore she was knowing giving me a Tenancy agreement full of bollocks.


Anyway, I will be glad to wash my hands of her. Am sure this forum mainly contains LL's and thus I believe your perception of the situation will differ to my own.

Mars Mug
21-01-2009, 14:12 PM
Not really. You could claim that the deposit was not protected, but you have accepted its return now minus some deduction which you seem to accept. So I believe it is now doubtful that a court would take your side. There have been cases reported on the forum about deposits not protected while the person is still renting, and the landlord protecting the deposit before the case got to court, where the court accepted that since it’s now protected there isn’t a case to answer.

But I’m no lawyer, someone is bound to give you better advice than me.

SALL
21-01-2009, 14:14 PM
I'd imagine that you are a landlord, so I guess you see this from her perspective. However It's not something I can just laugh off, she broke a legally binding contract the moment I signed it. The Tenancy agreement actually stated my deposit was protected under DPS and that there was an agent not just her getting friends to pretend to be agents. Therefore she was knowing giving me a Tenancy agreement full of bollocks.


Anyway, I will be glad to wash my hands of her. Am sure this forum mainly contains LL's and thus I believe your perception of the situation will differ to my own.

Go through the forum posts. Members here help both tenants and LLs. But in this case, I don't see a big issue.

Maybe the LL didn't protect your deposit, but she is returning it fairly, so no issue.
Did the LL's friend acting as an agent, cause you a financial loss? Maybe the LL wanted to sound a bit official by giving you the impression that an agent was involved.

garner86
21-01-2009, 14:19 PM
and no I am not interested in going to court or trying to milk money out of the situation. Just extremely pissed and trying to somehow justify how i let myself be lied to in such a blatant manner.

shop at waitrose? she is a single mum struggling for money. why in the world would she be shopping at waitrose.

@SALL: She didn't give "the impression" that an agent was involved. I asked her face-to-face. she said yes it was all through an agent and that the deposit was going directly into the DPS scheme.

The conversation with the friend was with regards to outstanding days between Rent Due date and leaving date. Confusion with regards to me asking to move the rent due date earlier in the year etc.


Anyway you have made me realize that i am coming out of this situation lightly and i could be much worse off.

Mars Mug
21-01-2009, 14:25 PM
Are you interested in opinion then rather than advice then?

My opinion is that the landlord should have provided you with evidence that the deposit was protected within 14 days of the start of your tenancy, the statement in the AST is not enough, that is something for you to be clear on for next time.

Personally I would rather deal directly with a landlord and not have an agent in the way, I can understand you feel cheated and lied to but has it caused you any problems or led to any cost prior to you finding out there was no agent (eg, did you pay for searches / credit checks etc that didn’t happen)

garner86
21-01-2009, 14:39 PM
@Mars: yes am more interested in opinion of the situation, I have moved house and settled in, this is the loose end, so to speak. I would much rather deal with the LL directly and cut out the middle man, as long both parties know of the situation and are both protected from one another. Is this case I wasn't aware of the situation nor was I protected, i was "mislead".

I doubt I lost out financially in any way. We disputed a payment date change that happened in Feb 08 (changed from mid month to end month), she didn't charge me for the date difference. thus it turned out i was technically paying my rent late every month since then. obviously when i moved out the outstanding days payable was front the old rent date not the end of the month. The dispute was if the days owed should of been;
mid feb -> end of feb (when the rent day was supposedly changed)
mid dec -> end of dec

it was resolved and i agreed that the outstanding days carried forward.


I don't know how people do this for a living, just thinking about it all hurts my head. Glad am a software engineer!!

Mars Mug
21-01-2009, 14:44 PM
Well, maybe just mark it down to experience and know better for next time. But brush up on the law, there are several issues relating to tenancy that can work in your favour if you know where you stand. The best thing though is to have a good trustworthy landlord from the start.

garner86
21-01-2009, 14:54 PM
Agreed!

My new landlord seems to be very trustworthy and efficient. This time it is through an small local agency (DPS have also contacted me regarding deposit)

I have met both the landlord and spoken to the agent, everything has been done 'by the book', which is the way I prefer.

jeffrey
21-01-2009, 15:06 PM
Deposit protection does not necessarily involve the deposit being lodged in the Scheme. One alternative Scheme is based on insurance, allowing L (or L's agent) to hold the deposit as used to be standard practice. See http://www.landlordzone.co.uk/forums/showthread.php?t=15391.

mind the gap
21-01-2009, 15:28 PM
garner : Open the bag. Take the money.

Don't lose sleep worrying about things you cannot change now.

stresshead
21-01-2009, 20:51 PM
Wow Garner, I think you had a very lucky escape! I'm a tenant and have rented privately through agents and directly with landlords. That is damage you cannot really repair without replacing the entire carpet, which definitely cannot be considered wear and tear - your 'struggling mother on benefits' LL will have to replace that carpet to restore it to it's original condition, or try to rent her flat with burns in the carpet.

If everything had been 'done by the book' she would have had a signed inventory and photos, and my guess is the damage you did would have cost you more than £100. £100 for a replacement carpet? In my opinion LL has been very generous, take the money and run!

Oh and if you think that renting via an agent will be a better/cheaper experience, you're in for a shock!

garner86
22-01-2009, 12:36 PM
I realize that stresshead, at least with my current agent I know where I stand, no lies. We have had some issues already and they were sorted swiftly and efficiently, so am not complaining.

She has been pretty generous with regards to the carpet. Fortunately she has moved back into the property and its highly unlikely she will replace the carpets. They are in more or less the only place you could place a 2 or 3 seater so not noticeable.


it was a house btw not a flat.

mind the gap
22-01-2009, 12:52 PM
She has been pretty generous with regards to the carpet. Fortunately she has moved back into the property and its highly unlikely she will replace the carpets. They are in more or less the only place you could place a 2 or 3 seater so not noticeable.

Why were you smoking underneath the sofa?:confused:

garner86
23-01-2009, 10:50 AM
I got the rules of the smoking ban wrong! I thought you had to be 50% covered by a sofa O_o


The sofa wasn't there when the burn holes were made.. by a "friend".. (TWAT!!!) excuse my language.







anyway to add some closure, I got my 400 and ran (drove) like the wind (like a car)