Landlord problems after moving out?

[Deleted User] · 03/03/14 - 14:26

Hi all, after living in a private apartment for 20 months I moved out two weeks ago, the landlord didn't attend the checks but is now refusing to return the deposit as she keeps finding things wrong, she firstly reckons I did not clean the oven and now needs to pay for a cleaner to sort it, I actually bought cleaning products for this but I'm no professional cleaner so it was never going to meet her expectations, she then emailed me again suggesting the freezer was broken (she hadn't switched it on) and now after sorting all this she reckons the seal on the washing machine has gone so will need to charge me again, it's becoming a joke despite her suggesting previously I was a brilliant tenant.

To be honest she failed to lodge my deposit with a government scheme (DPS) until around 11 months after I moved in, I wonder if I have a claim here as I have proof of this?

dave clarke · 03/03/14 - 14:43

As I understand it she has broken the law anyway and things like oven getting dirty are wear and tear
I actually rent a place out and I'd expect to have oven cleaned professionally before let started for new tenant
You would have to be failed by the people holding the deposit not her
I'd pop down the CAB and see what they say

Edited cos I'm dim sorry didn't read properly

bart4858 · 03/03/14 - 15:47

spendleb wrote: »

and now after sorting all this she reckons the seal on the washing machine has gone so will need to charge me again, it's becoming a joke despite her suggesting previously I was a brilliant tenant.

That should come under wear and tear. But it's obvious the landlord/lady doesn't want to give you your deposit back.

To be honest she failed to lodge my deposit with a government scheme (DPS) until around 11 months after I moved in, I wonder if I have a claim here as I have proof of this?

It should have been done within 14 days. Otherwise there can be a penalty (I think of up to 3 times the deposit, payable to you). Since it seems you were eventually registered with a scheme, you should make contact them and start arbitration proceedings. Just go onto their website. However you might have to give the landlord enough time to return your deposit, I think it used to be 10 days, it might now be more.

But, just a note to the landlord about your intentions might do the trick.

chocoholic100 · 03/03/14 - 16:37

Contact shelter. They give amazing tenancy advice and quicker than CAB

x_malibubabe · 03/03/14 - 18:36

Normally a quick mention of small claims court works, I had a landlord like yours, although she never protected my deposit so I had that in my favour.

urbancoyote · 03/03/14 - 19:46

She's clearly "at it" A broken freezer and/or washing machine is her problem. Its her responsibility to get it fixed for the tenant.

[Deleted User] · 04/03/14 - 08:14

bart4858 wrote: »

That should come under wear and tear. But it's obvious the landlord/lady doesn't want to give you your deposit back.

It should have been done within 14 days. Otherwise there can be a penalty (I think of up to 3 times the deposit, payable to you). Since it seems you were eventually registered with a scheme, you should make contact them and start arbitration proceedings. Just go onto their website. However you might have to give the landlord enough time to return your deposit, I think it used to be 10 days, it might now be more.

But, just a note to the landlord about your intentions might do the trick.

Yeah we are up to 12 days now anyway

[Deleted User] · 04/03/14 - 11:00

I agree with the posters above. She's just at it to see what she can get away with not paying for herself.

Personally when I move out of somewhere I allow charges for professional cleaners (as I just don't do as good a job & that's not the landlords fault) but that is it. I expect my current landlord to attempt to take the cost of new carpets & paint from me when we leave. I feel I have a reasonable argument with the DPS that, having owned the place since 2007 & done nothing with it bar the absolute basics, this should safely come under wear & tear.

[Deleted User] · 04/03/14 - 11:48

I spoke to the DPS who confirmed she is liable due to not paying the deposit in for 11 months (although I would have to take legal action) but that also a seal on a washing machine should be classed as wear and tear and that should she charge me I can dispute it through them, she would have to provide proof I damaged it?

cris182 · 04/03/14 - 12:34

spendleb wrote: »

I spoke to the DPS who confirmed she is liable due to not paying the deposit in for 11 months (although I would have to take legal action) but that also a seal on a washing machine should be classed as wear and tear and that should she charge me I can dispute it through them, she would have to provide proof I damaged it?

You might find mentioning these things and saying you are willing to go further may make her re think her position

[Deleted User] · 04/03/14 - 12:36

cris182 wrote: »

You might find mentioning these things and saying you are willing to go further may make her re think her position

Yeah just waiting for her to respond

[Deleted User] · 05/03/14 - 09:15

Quick question as still no response from the landlord today, if I decide to pursue the compensation for her not lodging the deposit with the DPS, is the only way through me hiring a solicitor? Obviously concerned about the money side.

chocoholic100 · 05/03/14 - 10:17

Have you called shelter?

[Deleted User] · 05/03/14 - 10:21

chocoholic100 wrote: »

Have you called shelter?

I picked up some advice from their website, would they be able to help then?

Central cake · 05/03/14 - 10:24

spendleb wrote: »

Quick question as still no response from the landlord today, if I decide to pursue the compensation for her not lodging the deposit with the DPS, is the only way through me hiring a solicitor? Obviously concerned about the money side.

Would she not be liable for all costs if she lost?

Richard1960 · 05/03/14 - 10:27

spendleb wrote: »

I picked up some advice from their website, would they be able to help then?

Yes shelter should be able to tell you wether you would need a solicitor if you called them,my instinct is no as the forms may be available from the county courts or the relevant authorities for you to lodge the complaint yourself.

[Deleted User] · 05/03/14 - 10:31

Richard1960 wrote: »

Yes shelter should be able to tell you wether you would need a solicitor if you called them,my instinct is no as the forms may be available from the county courts or the relevant authorities for you to lodge the complaint yourself.

Cheers

chocoholic100 · 05/03/14 - 11:24

spendleb wrote: »

Cheers

Yes they are really really good, they recently helped a family member out a lot with advice with a landlord who was not playing fair.

I dont think you would need a solicitor to deal with the claim for not protecting the bond but shelter will clarify.

evil c · 05/03/14 - 13:07

This is the Shelter page you need to read, see 'Disputes over the return of a tenancy deposit': http://england.shelter.org.uk/get_advice/tenancy_deposits/getting_your_deposit_back/return_of_a_tenancy_deposit_when_a_tenancy_ends

This Shelter page covers Deductions from a tenancy deposit: http://england.shelter.org.uk/get_advice/tenancy_deposits/getting_your_deposit_back/deductions_from_tenancy_deposits

ACU · 05/03/14 - 15:42

I would go onto the DPS site and ask for the full deposit back. The landlord would then say, I am only giving you back 50% (for example), and list the reasons why. You can counter, with the fridge and washing machine seal are wear and tear. The cleaning isnt your problems, as if the landlord had been there the day you moved out, you would have cleaned it again. No point in the landlord coming around a week later, and complaining, as it doesnt give you an opportunity to put it right, i.e. give the oven another clean. If you still live nearby you can offer to go around and clean it.

The DPS people will then look at your counter argument, and then I believe rule one way or the other.

I have never had this problem with my tenants, so not sure on who would rule as to what deposit you would get back. There should be some info on the DPS site. However your first step is to claim the full deposit back.

I would also mention to the landlord, that the deposit has to be registered within 14 days of it being paid to him. If it wasnt, there are consequences to him/her, and you are considering taking it further. That maybe enough to get your full deposit back.

babinaba · 05/03/14 - 22:04

Have a look at https://www.tds.gb.com/ (https://www.tds.gb.com/deposit-disputes.html)

I used them when I had issues getting my deposit back from an ex landlord and they helped loads. I got my money back

Hey there!

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Landlord problems after moving out?

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