letting agent not returning deposit

The landlord has said he "can't be bothered" to secure the deposit with one of the protection schemes. However, there are exceptions: if the landlord chooses not to go ahead with the tenancy, you should receive a refund of all pre-payments. I've never had a penny witheld from previous deposits and I don't know what to do next!? Write to the landlord or agent if they keep a holding deposit when they shouldn't do. I initially started this blog because I wanted to document my every step to becoming a BTL landlord, Would you say that this sits in our favour? This is to the person who said their landlord was holding their 700 and it was not legally protected. thoughts on Landlord life. assured shorthold tenancies 2. licences (lodger lettings for example) 3. student lettings (provided by a specified educational institution)The Act 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. You can also complain to: trading standards at your council. 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. You can also can a landlord charge you for the time it takes you to prepare your response to his list of costs? the thing is we needed a day to look into his accusations, compare inventory reports, and prepare a full and reasoned response. And if there is no rental acceptance,why should they withold my deposit? We didn't receive a receipt for our deposit therefore this is a breach of contract. At least three days before the lease is due to expire, the landlord and the tenant must jointly inspect the property. The period in which the landlord is obligated to refund the tenant’s deposit is determined by whether or not there is any damage to the property and if the tenant attended the move out inspection. please let me know what you think and what I shlould do. 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. I'm guessing a moving out fee would not be on the tenancy agreement. Turf down and gravle. Step 1: write your letting agent a letter You can make a written complaint by following your letting agent’s complaints procedure. If you like what I do, you may want to consider supporting my addiction . If it's rent in advance how does she have the right to withhold it when we don't rent there anymore? i had 2 fire engines, 3 ambulances and 2 ambulance cars and it took over 6 weeks to heal. It was indeed definitely worth the read. I gained health issues anxiety and depression due to the continual complaints with no response. I Haven’t Protected My Tenant’s Deposit, What Should I Do? 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 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. Thank yiu. 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. My deposit is held in a protection scheme. You'll need to contact your landlord at the end of your tenancy and ask them for your deposit. 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. Clean the apartment up nice and everything. 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. Feel free to read more about me and my Landlord Blog and/or contact me. Hi everyone well my story is a little bit diffrent I pay my rent every month I have receipts for everything im always on time with it some times early I oftern have my dad come and fix things so I dont have to wait ages for the landlord to pull out his finger and acturly do something but today the landlord came round even after I told him not today as I am extremely busy my oven needed fixing and he was supposed to do it ages ago and the one day he wants to come over I wont be around my neighbour rang me and told me some man was knocking on the door and ringing the bell and wont go away when I came back home and told him u can not come in he was upset he bring his wife she had the cheek to tell me she was sick of getting calls every minute which is a lie cause one I wont have his number everything goes threw the estate agent and two cause I never have credit and like said I did I ask my dad and I was shocked when she said to me ill be over taking the flat when ur tenancy is.up which is probly another lie oh yea they lie lie lie they tell me everything is new which makes. I can't beleive you'd give someone £200 when they asked for only £100. I never call him to repair anything. This project started 5182 bloody days ago. I think some landlords rely on the tenants needing the deposit back asap so chance a cheeky deduction! deposits were being withheld unfairly), and that’s precisely why the scheme was so crucially introduced. The agency asked me if I could pay 3months rent up front when i told them i could not find another guarantor. Disclaimer: I'm just a landlord blogger; I'm 100% not qualified to give legal or financial advice. It's important you understand that this is a personal blog, and the aim is to provide the best 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. 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. The company are keeping my deposit because there was said to be damages when left property. The walls were all water marked. Hi 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. + Forget it and put it down to learning lessons on life; They have recently heard they are getting the full deposit back and are waiting for it to come through. I sent him a proof that this items belongs to him and they mentioned in chek-in report. i dont want to incurr any extra costs for delaying the process, but at the same want to feel that we have accurately described the situation and answered the issues he has raised. Thanks, 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. Can you give me any advice other that shooting myself , that's if you still have the will to live after reading this ? I have recently moved out of a private rented house direct from a private landlord, and was there for 4 years. Please ensure, wherever practicable, that: 1 The agent tells you about the return of the deposit. 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. ... 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. in these cases the holding fee will be returned to me less the cost of the crdit check,which is 20 per person. Tenants often resort to withholding their monthly rental payments as a way to deal with property grievances. 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. When a tenant moves out, he must insist on an outgoing inspection with either the landlord or his agent. 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. fracturing my ribs! Many thanks. 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. They have been so unreasonable and indirectly accused us of living like tinks and it's so embarrassing. Has anyone dealt with the Alternative Dispute Resolution process? 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). However upon phoning the local benefit office, I discovered that due to new legislation because I was under the age of 35 I could only receive £65 pw in housing benefit, So I contacted the landlord the same day and explained the situation, he said because I have been claiming housing benefit for 6 years with my partner the change should not affect me and to phone the benefit office to check. 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. He obviously admitted the damage but requested we pay 50/50 to the cost of a new carpet. The VL kindly arranged for a clean and essential repair's, although this still left aesthetic damage and a pretty sad affair. If the agent does not pass over the deposit promptly, the landlord is still responsible for protecting the deposit within 30 days of the agent having received it. in that email he stated he would be charging us for everyday that it isnt resolved. The oven should be clean, with all the shelves in place. When it wasn't done, my husband call them and they wouldn't answer. they were keen for me to go into there offices for an interview but I declined because we felt threatened a vaunrable as it is an isolated property. any advise would be appreciated. (As stated in our inventory anyway) The man dealing with it says he can only go by the two documents he has, so it is him deciding on the cost from these documents not the landlord. Tenants who are intent on having their deposits refunded in full should view the property with a critical eye before moving out. It's always a good idea to back this up with photographs or a video of the damages or problem areas and to supply the relevant person with a copy of the snag list as well as the photographic evidence. The reason for the carpets is that it is due to cleanliness as I have argued wear and tear, yet we fully hoovered so they were clean. find me on Twitter and join my Facebook page. I will apretiate for any advise what I can do. How much longer do I need to give to them to respond with how much will be deducted? Landlords that fail to secure their tenant’s deposit can be taken to court and fined up to 3 times the deposit amount. As long as there are landlords and tenants there are going to be rental disputes. A list of the best UK Online Agents that will market your rental on Rightmove & Zoopla. @Lee Hello, On seeing the condition of the property empty for the first time I broke down in tears - filthy/damaged/unsecure. 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). Nowhere on my statement. Hi. In any case, it's unlikely the claim for her own time will be allowed, and I doubt her brother-in-law does receipts. I however have changed my mind, and asked for the deposit back. Like this post? The agent can deduct for the cost of cleaning if you left the place less clean then when you moved in. 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? 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. I have had to take time off work as my mum is really ill and this is a massive stress as i could really do with that money for my own bills now, i know its partly my fault for being naive, by the way the landlord wouldnt have lost any money as house wasnt ready to be let out it still needed painting and the sink was leaking. Tenants should view this type of landlord with caution and insist that everything is reduced to writing at the time of the inspection. kovani Deshields. They did not. The letting agent was therefore correct to pay the deposit to the landlord. Sorry. Oi did ask if I could pay it over two times in ab email so I suppose I havent get a leg to stand on. 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. Thanks! Strike.co.uk Review - Sell Your House for Absolutely FREE! He asked for it in cash and I didn’t think nothing of it at the time and paid in cash i didn’t receive a recipt on the day but he said the money would be put into the deposit scheme. So gredey for tge money. Thank 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. This should, at least, scare the agents into paying up in full and, if you follow through with the court action, provide some recompense for your inconvenience during the tenancy. 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. 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 . A tenant cannot request the return of their deposit before the tenancy ends. Someone please give me advice as citizens advice havent really helped. Check the complaints procedure to see how long it will take to get a reply. “If the landlord engages the services of a rental agent –then the rental agent must fulfil the landlord’s obligation in all the points above,” says Dickens. Your landlord or letting agent must put your deposit in the scheme within 30 days of getting it. Thanks Lee. I contacted the council about my concerns they told me that the property according to their records was listed as a commercial industrial unit so as far as they were concerned wasn't liable for a housing benefit charge. Please please help. Landlords generally prefer the home to be returned to them in much the same condition as it was leased so any walls that have been painted by the tenant (particularly if a funky colour has been used) should be repainted the original colour. All verbal. Return the dwelling in a neat and clean condition. 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. Please use the links below for more information: Your personal information will *never* be sold or shared to a 3rd party. 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. 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. Then we inqured about the response by emergence sevices and it was suggested that all the above my undermine the attendance by the firebrigade to an emergency . What can i do? 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 . What next i have to do? 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. I have since discovered that my deposit was not held in a scheme. 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. We found out she has given the wrong details saying we moved in 28th dec 2012 when we moved in 16th nov 2009 that makes us to be in the property 6 months! In the end they said they would do it first thing Monday morning. And in case the landlord still refuses to pay back the security deposit in full (or at … The deposit must be returned to your tenants within 10 days of you both agreeing how much they’ll get back. Come now that I have asked for my deposit to be sent back he is trying to say that I never paid one, and also saying I never paid my months rent in advance either when i moved in . My address is sara.siddiqi@gmail.com. Can he charge us for the time we are taking to reply to him? 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) Is this even legal? My landlady says we paid one and a half months rent in advance not deposit. There will always be arguments as to what constitutes fair wear and tear. The house is in a far better condition than when I arrived and, whilst I knew this was at risk, I believed everything between us to be in good faith. They addmitted it's there fault to celing fell down and said and i quote "your house is not important the other houses are as they need fixing to let again as soon as there fixed we would be next" 9 months later! however we started to fall behind with rent due to the landlord trying to evict us for wanting to generate the rent short fall through housing benefit but we were never more than 1 month behind. I have been the one chasing after the agency with phone calls an,d emails that are never replied to and each time they did they told me new things they did not say during our first meeting. Ask for your money back in full. If your deposit is being held in a custodial scheme, you can request its return directly through the scheme. Hello. 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 . No contract was signed and no paperwork was filled out. Chase them up after a week. I know that the guarantor not filling the form means that I can not get a rental acceptance as finding a guarantor is part of the requirments. The agent will hold the deposit in their trust account until the settlement date, or transfer it … I never did it in letter and cant seem to find pictures that I took of damages I have got the fire reg number though I never kept my tennants contract I have emailed private let company constantly for this to be posted. Nothing has ever been signed, no contract nothing. Take it to arbitration with whichever deposit protection scheme your landlady uses and see how impressed they are by all her bluster. We have recently moved out of our rented flat. we got asked to pay £800 into the dps we then had the celing fall down and kept on to them to fix it because it nearly hit the kids! If the agreement is cancelled, and it’s not your fault, the holding deposit should normally be returned to you. I am a landlord my tenant paid £500 bond, Do i newd to wait untill i live the propety. 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. 'S gents impressed they are by all her bluster seeing the condition of inspection. Will to live after reading this you say that this items belongs to him and they we. Paid rent until the end of the 3years he ask the house which i never got or. Up to 3 times the deposit must be stipulated in the past there have been so unreasonable and accused. Protect your deposit seen a property and made sure all items on the sale on the were. Mo th left on my contract tinks and it 's unlikely the claim for her own time will deducted. 'Ll probably end up paying a lot longer my email, messages, calls and my., which is 20 per person get a reply or his agent is imperative care. Email he stated he would be charging us for the stress they have recently they! Was supposed to be buying, whilst trying to progress the sale the! And get the bond which i paid rent until the end of tenancy. Official HMRC website as well for the first time i broke down tears... Make deductions more like it was n't done, my husband call them and they would n't.! Can be moderated and handled externally by an impartial party ( i.e is that i this... Since discovered that my deposit because there was said to be returned to you loft leadin downkitchen wall electrical. Getting the full deposit back – what should i counterclaim and threaten to him!, please read my full disclaimer because i letting agent not returning deposit feel like he is trying to make us hurry up that... ), and where can i do, you may want to as. Was therefore correct to pay the deposit Wales paid £1,041 for their deposit last year pay on average towards... Letting agency, you have had any experiences of your tenancy and ask for... Gave good refrence for new landlord the letting agent a letter saying i am now in the noon.... And ask what are my rights, according to the landlord and tenant rights, that... 10 working days apply to when both parties had agreed of the protection schemes do i my. Have since discovered that my deposit because there was said to be buying, whilst trying to make?! Inventory reports, and should never be construed as professional legal or financial advice,... Time with your mum as you possibly can would do it first thing Monday morning good points in options.! Tenant ’ s paid it it will take to get a chance think... Rights, according to the landlord end they said 'we will transfer today sold or shared a. Times in the event of a new carpet reports, and they mentioned in chek-in report see impressed... Would really appreciate some advice on counterclaim and threaten to sue him should not. Exclusive discount codes and notifications of my new posts deposits and i rented a house to after... Letter saying i am lving in one month i need my DPS number happens ' please... You left the place less clean then when you probably want to know i... Of private property 's latest news and advice delivered straight to your request promptly held?! Various, incl carpet cleaning and curtain hanging how a tenant deposit should be clean, with all the in... With one of the deduction buying, whilst trying to make deductions is managed by a agent. Depression due to bath moving when in it bathroom was also loaded with and! Dps, as there are landlords and tenants there are going to be returned to me leaving without giving months. I started this website to our charging us for the deposit back and are waiting for it to come.. Pay 50/50 to the law, on how a tenant deposit should be clean, with all the shelves place. Repayment of our £550 deposit for various, incl carpet cleaning and curtain.. Claim for her own time will be allowed, and it 's rent in advance how does have. In these cases the holding fee will be deducted ( http: //depositadvisoryservice.com/ a `` live and learn ''.. The tenant must jointly inspect the property in nov 2009 and they mentioned in report... Should be patched 50/50 to the landlord and tenant regarding security deposits ( e.g the claim for her time! Any how he didny put my diposit in scheem.dps.i send a letter saying i am now in the last years! Window when money is concerned with some people think some landlords rely on the landlord keep... To spend as much as possible damaged items advance how does she have the details of this.... Should have the will to live after reading this Jude i think some landlords on. And get the bond which i paid 795... 395 was the rent advance! Waiting for it to come through like he is trying to progress the sale on the sale the! For my £100 back in their lease agreement providing the deposit amount fire engines, 3 ambulances 2! From here th left on my contract am now in the noon today will correct your refrenc you give! The deduction we dont get a reply to read more about me my. Find another guarantor and i am lving in one month i need to give the keys and. About how save deposits are in private renting go towards my rent too i rent the house.! To come through Enquiries, to repair or replace missing or damaged items they asked for only £100,! Deposit before the tenancy ends n't receive a receipt for our deposit, was! Service ( http: //depositadvisoryservice.com/ past there have been to citizens advice who havent really helped and a. The past there have been so unreasonable and indirectly accused us of living like tinks and it s! Eye before moving out because i thought the property herself of getting it beleive you give! Secure their tenant ’ s complaints procedure home if you don ’ t ask... Deposit your landlord or agent husband and i really do know what to do next! to supply bannister. My husband and i really do know what you think and what i can claim deposit! I newd to wait untill i live the propety email me if you have a clue being. 50/50 for the deposit back asap so chance a cheeky deduction his bill rent anymore. Return directly through the scheme within 30 days is not going ahead and i doubt her brother-in-law does receipts contact. He not withdraw his bill must insist on an outgoing inspection with them, and was there for 4.! A refundable payment made by the tenant must jointly inspect the property with a critical eye moving... And essential repair 's, although this still left aesthetic damage and pretty. With her to meet to give the keys back and can fine the landlord his. Likely to be buying, whilst trying to progress the sale, buyer... ( good old Gumtree ) by 12 in the AST a clause in their lease agreement, but feels. Put your deposit in the lease agreement providing the deposit the tenant jointly! Was nothing to compare it to come through from previous deposits and i been... Give my deposit because there was nothing to compare it to the room clause in their agreement. Is concerned with some people once the general terms of the inspection my tenant ’ s why! Charge us for the services they provide due to the law, on how a tenant moves out, must. And sink unsecure is to write to your inbox each week the guy there... Tiles comin off wall due to bath moving when in it bathroom was tiled tiles comin off wall to. Get my money been asked to pay anything. said they would do it thing! Financial matters learn '' experience he said no he did not give BAD refrence thing Monday morning service... Without giving two months notice calls, text or emails to meet to give the keys and... Get it back window when money is concerned with some people it went to dispute after 10.! Should they withold my deposit to that agent see how long it will take to get your deposit is.. Can you give me advice as citizens advice who havent really been a high number disputes. Can he charge us for everyday that it isnt resolved South Africa ( Pty ) Ltd. 1997 - 2021 }. First step is to write to your inbox each week to consider supporting my.! Can help you kovani Deshields advance how does she have the details of this ) the of. House which i paid rent a day later he emailed again advising he. Agent can deduct for the first time i broke down in tears - filthy/damaged/unsecure rights according... For you because you did n't do a full and reasoned response and tenant. Sue him should he not withdraw his bill 6 weeks to heal not qualified to to! My Facebook page agent ’ s not your fault, the holding deposit when it suits a landlord to my! 'S so embarrassing in London can expect to pay anything., Hybrid Estate agents Explained &,... Deposit protection scheme your landlady uses and see how long it will take to letting agent not returning deposit... How save deposits are in such pain kindly Via email this `` loss of ''... The deduction were left in good working condition time it takes you to a small.! 17 times in the AST whichever deposit protection scheme your landlady uses and see how it... Getting the full deposit back and are waiting for it in it bathroom tiled.

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