Updating post from Reddit.
I left my previous property more that 5 weeks ago. I put a claim to return deposit (through DPS) on the day I was leaving. I sent multiple emails to landlord afterwards with no reply. I was planning to fill the statutory deposit form but got busy. Today my landlord sent me their response with a riduculus list of damages and costs needed. What is my legal situation and am I in a place to ignore their claim and request full deposit?
Raise a dispute with DPS. Follow the steps on their website. An adjudicator will then back a decision based on the landlord's evidence.
> Today my landlord sent me their response with a riduculus list of damages and costs needed. What is my legal situation and am I in a place to ignore their claim and request full deposit?
Your position is to follow the procedure of the Deposit Scheme that the landlord secured it in. If you disagree then work it out with the scheme - they are realy helpful. Ignoring it will just lead the landlord to be paid the deposit to cover the costs.
My landlord tried this, took it to adjudication and he didn’t get a penny.
They may have paid out both ways, have had this a few times where deposit scheme defaulted to pay out to tenant without looking at evidence in the dispute (one of which included a pencil drawing of a mouse as evidence of a rodent infestation which mysteriously only affected one flat in a block of ten and wasn't noticed by anyone else before or since). I kicked up a fuss and eventually had deposit repaid to me too.
In short a pretty low evidential standard, follow the dispute process you will probably get your deposit back
Same
Same. Just use chat gpt to structure your response for you if it gets confusing.
When you moved in, did you receive an inventory detailing the current condition of the property?
If not, then the landlord will lose at the adjudication stage.
Bonus points OP if you did a decent walk round video/photos
LL needs to give a clear itemised list of damage you caused that needs repair- which you can challenge-
Items on list - cannot be wear & tear - so faded, threadbare carpet ❌ giant paint splash he can prove with photos wasn’t there when you moved in ✅
But LL only gets replacement value of existing carpet NOT brand new carpet! -depreciation about 20% - so £100 rug 3 years old is £40
Oh and reject ALL the claims first time, make them prove it
This. The onus is on the landlord to prove it is not wear and tear. But only if you contest the claim. If you don’t contest it, it is taken as tacit agreement to the landlords claim.
Our landlord not only tried to keep our whole deposit of £2500, but wanted to add on a further £1200. Long story short: told them to do one, got the whole lot back plus an extra £60 for the keys we had to have cut at the start of the tenancy. Win :-)
Always take pictures moving in and moving out
Personally I insist on an actual inspection while I am present before handing the keys back.
Too late for that now but for future reference.
Landlord at one of ours tried to claim for a carpet with 13 identified issues on the move in inspection.
They also tried to claim for a broken window, which we reported as we found a rock inside. They didn't want a claim number for insurance then tried to blame us for it 6 months later after just boarding it up. Dumbass never took pictures of it so was declined.
I also knew his wife from a previous job, that she cheated on him and tried the same with me. They got nothing from that one.
Use the scheme. Whatever the process is on the scheme website, do that. You have little choice. It works, but is time-consuming. I've been there and done it. It helps if you have records (photos). Also, in the next place, take loads of photos.
Ring the deposit scheme it’s in because mine wasn’t in one they will sort it out it has to have your consent aswell to release money
Tell them you will be lodging a dispute against their ridiculous claims and that if they withold your deposit unreasonably they will have to pay compensation.
Are you certain you haven't injured yourself in the property due to something dangerous? Because if you have you can claim ...
Maybe you tripped on some loose carpet, or something else not up to code?
Good luck with that...
A couple of others have mentioned that photos and/or videos are the way to go. These days people have it easier in that regard than i did when i rented in late 90s early 00s.
Of all the places i rented i only had 2 problems.
After cleaning the place the owners wife cpmplained that the windows were streaky. So i went back in and gave them a clean. It helped that theowner/landlord also worked in my building and i had a fairly good worling relationship with him.
I was flat sharing with a guy and his brother. When they decided to go get their own place and leave me high and dry i went round and cleaned the common areas and my room, touched up any paintwork and generally made sure everyrhing was in good condition. When the letting agent wanted to take money off my part of the deposit for damage to bedrooms 2 and 3 i pointed out that they were the responsibility of the other guy and his brother. I also asked if they were happy with the condition of the rest of the place. I got my entire share of the deposit back 1 month later.
The moral. Stand your ground . Make sure you have done eveything reasonable to ensure property in good nick and don't get bullshitted.
They all do it. Trouble is even though you're right you wont have the money to fight a legal battle.
It's dps, they'll just reject the claims. Done this like 12 times
My landlord tried this. He hadn't secured the deposit with the DPS and I took him to court. 3x the deposit awarded. He tried to settle with me before the court date. All communications of which I kept after I had told him I wanted to see what happens in court.
I just withhold the last months rent - most landlords seem to do this and I just can’t be arsed with the admin. Honestly the amount of times I’ve left places better than when I moved in and then …. Sorry, not advice you can take … but for others they may want to consider. DPS is actually pretty. Good …. But it’s admin
Did you get a receipt from the DPS regarding the deposit being submitted? If needed, he has broken the law. You can fuck him over hard.
Otherwise, disagree, and open a dispute. He can't take any money from you unless it is mutually agreed.
Read over your tenancy contract, I had a landlord that was ignoring my requests for getting my deposit back and the estate agent wasn't helping either, finally after going through the contract I found a clause that basically limited how long the landlord had to make deposit deductions, had it released to me the next day. 30 days feels like a long time for them to come back with issues.