Where do i stand (landlord help) - pissed off

[Stissy]

I recently moved out of rented property (well, about a month ago)

we put down 200 as a deposit when we first moved in, completed our 6 months tenancy and moved out. the landlady (right bitch of a woman – always complaining) took our last months rent, we dropped off the keys and parted ways, she said she would check the property over and then refund us the deposit.

two weeks went by and she didn’t contact us, we tried to contact her but she didn’t answer the phone, or didn’t text us back. we’ve now been told today that we’re not receiving the 200 pound and she’s not willing to discuss it further.

is there anything I can do? the place was spotless when we left (cleaner than when we moved in) – the only thing that didn’t work was the toilet (the handle was loose and occasionally you needed to flush it 6 or 7 times before it flushed) however this was pointed out to be broken when we moved in.

any advice on this would be great :)

[MuZiZZle]

I thought legally she had to put it into the bond scheme thingymabob?

and £200 * how many people?

[Giraffe]

Pretty sure that she'll have to tell you why she's not refunding the money... Just threaten to report her for theft. If it's a refundable deposit and she's not given a reason why she's keeping it, then technically it's yours until she can tell you why it isn't? Or that's what I'd have thought. I'd just go round and have a word.

[Brettles1986]

I thought legally she had to put it into the bond scheme thingymabob?

and £200 * how many people?

Yes she would have had to.

She is surely obliged to give reasons + evidence of why she feels she should keep the money

bet she's a fat bitch

[Stissy]

I thought legally she had to put it into the bond scheme thingymabob?

i did too, thats what i did with the house i rented before this one. however on the day she said "cash in hand along with your first months rent will do it"

so i paid the first months rent plus 200 on top, in cash on the day i moved in.

[Boombang]

Did you have an inventory or written list of items / condition? If you did, everything was accurate, and any wear and tear over the time there is reasonable, you have a case.

Go to citizens advice and start from there.

[Stissy]

Pretty sure that she'll have to tell you why she's not refunding the money... Just threaten to report her for theft. If it's a refundable deposit and she's not given a reason why she's keeping it, then technically it's yours until she can tell you why it isn't? Or that's what I'd have thought. I'd just go round and have a word.

she literally said she isn't willing to discuss it and that was it. she now wont reply to texts or answer her phone.

[Jamie]

I recently moved out of rented property (well, about a month ago)

we put down 200 as a deposit when we first moved in, completed our 6 months tenancy and moved out. the landlady (right bitch of a woman – always complaining) took our last months rent, we dropped off the keys and parted ways, she said she would check the property over and then refund us the deposit.

two weeks went by and she didn’t contact us, we tried to contact her but she didn’t answer the phone, or didn’t text us back. we’ve now been told today that we’re not receiving the 200 pound and she’s not willing to discuss it further.

is there anything I can do? the place was spotless when we left (cleaner than when we moved in) – the only thing that didn’t work was the toilet (the handle was loose and occasionally you needed to flush it 6 or 7 times before it flushed) however this was pointed out to be broken when we moved in.

any advice on this would be great :)

TSA used to be the Tenant Service Authority.

http://www.homesandcommunities.co.uk/tsa-archive

She has to give you a reason, landlords don't like to give back your deposit I have found. Me and my girlfriend are clean freaks and never treat anything bad and always maintain things including gardens. Our last landlord tried to take 400 for a broken fence! We kept complaining and halved it.

We just wanted away from there in the end, if it was now I'd never have settled for 200 back.

[Stissy]

Did you have an inventory or written list of items / condition? If you did, everything was accurate, and any wear and tear over the time there is reasonable, you have a case.

Go to citizens advice and start from there.

I did not unfortunately...

it was a last minute thing, we didn't really have a proper contract, i just needed a place to live for a couple of months while i sorted some stuff out

[Stissy]

TSA used to be the Tenant Service Authority.

http://www.homesandcommunities.co.uk/tsa-archive

She has to give you a reason, landlords don't like to give back your deposit I have found. Me and my girlfriend are clean freaks and never treat anything bad and always maintain things including gardens. Our last landlord tried to take 400 for a broken fence! We kept complaining and halved it.

We just wanted away from there in the end, if it was now I'd never have settled for 200 back.

ah mate cheers, i'll see who i can contact now

[Giraffe]

she literally said she isn't willing to discuss it and that was it. she now wont reply to texts or answer her phone.

Start ringing some official people like others have suggested or get yourself round to see her if you know where she lives.

[Stissy]

Start ringing some official people like others have suggested or get yourself round to see her if you know where she lives.

i dont know where she lives. the reason i'm concerned is because i dont have any proof i gave her the 200 in the first place

[Giraffe]

i dont know where she lives. the reason i'm concerned is because i dont have any proof i gave her the 200 in the first place

Well then, you're probably screwed and this may be a very expensive lesson to you...

[Jamie]

Speak to your tenancy agency about it aswell.

Call them up and demand a reason, and if not mention the TSA or HCA schemes that protect the tenant from unfair treatment.

[Stissy]

Well then, you're probably screwed and this may be a very expensive lesson to you...

thats a shitter

[Piggie]

Did she complete an itinerary stating what was broken before you moved in???

If not she doesn't have a leg to stand on. Surely there should be a contract which states the deposit given? Nobody could give a deposit without proof?!

Civil court for this one.

I'm expecting exactly the same thing when i leave my house shortly. My deposit is alot more though

EDIT: Seen previous comments. You've been very foolish. I wouldn't expect to see any money back.

[Stissy]

Speak to your tenancy agency about it aswell.

Call them up and demand a reason, and if not mention the TSA or HCA schemes that protect the tenant from unfair treatment.

i dont have a tenancy agency. it was just a middle aged couple who owned a few houses and rented them out.

[stevo67]

Contact the citizens advice bureau.

[Jamie]

i dont have a tenancy agency. it was just a middle aged couple who owned a few houses and rented them out.

^ Contact the citizens advice bureau.

I didn't think you could just rent a house out like that without being part of an agency or there'd be no reason for people to bother really.

[mechsman]

Google the consumer action group forum and have a read of the appropriate sub forum chap. She hasn't got a leg to stand on, but proving it could be difficult, and getting your money back could be even more so if she hasn't put it in the deposit scheme.

[mechsman]

Link to CAG sub forum here: http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?65-Residential-and-Commercial-lettings-Freehold-issues

[Stissy]

Contact the citizens advice bureau.

^ Contact the citizens advice bureau.

I didn't think you could just rent a house out like that without being part of an agency or there'd be no reason for people to bother really.

Google the consumer action group forum and have a read of the appropriate sub forum chap. She hasn't got a leg to stand on, but proving it could be difficult, and getting your money back could be even more so if she hasn't put it in the deposit scheme.

Link to CAG sub forum here: http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?65-Residential-and-Commercial-lettings-Freehold-issues

cheers everyone for your help - i'll do all of this tonight and let you know how i get on tomorrow.

[mechsman]

Just as an extra incentive, I will add that if she hasn't put the deposit in a proper scheme, she has broken the law (assuming you rented after 2007 when the act came in) and you can potentially sue her for up to 3x your deposit amount. Courts will take a very view of landlords taking the piss and will hopefully lob the book! (as they have done in past cases)

[Quick]

If she is renting privately - check with HRMC to see if she is declaring the tax!

[baker556]

Threaten about the deposit as said above not being declared you shall take her to court, drop in something about taxes incase shes not declaring. Go back to the house when she is there and confront her?

Personally would have had her check the house out not given the keys back until the deposit was in hand.

[GolfJay]

I haven't read the replies but if she kept the deposit herself then she's breaking the law. By law it has to go into a national deposit pot (Can't remember the exact name)

[blackie_2k5]

If she fucks you over just put the windows out on the house you rented

Money well spent ;)

[Bedford126]

Flush everything you can down the loo. Costs shit loads to get the drains rodded might as well get your £200 notes worth.

[sharpy24]

Heres the page you need to read and from 6 April 2007 all deposits are to be protected by a tenancy deposit protection scheme.

http://webarchive.nationalarchives.gov.uk/+/http://www.communities.gov.uk/housing/rentingandletting/privaterenting/tenancydepositprotection/

this page is helpful too

http://webarchive.nationalarchives.gov.uk/20121015000000/direct.gov.uk/en/homeandcommunity/privaterenting/tenancies/index.htm

This page is great from shelter it lets you check if your deposit is protected and gives you all the advice and things to do if its not.....theres even a template letter to send to your landlord...theres some great sections on the left of the page too

http://england.shelter.org.uk/get_advice/paying_for_a_home/tenancy_deposits/deposit_protection_and_tenancy_deposit_schemes

[Stissy]

Just as an extra incentive, I will add that if she hasn't put the deposit in a proper scheme, she has broken the law (assuming you rented after 2007 when the act came in) and you can potentially sue her for up to 3x your deposit amount. Courts will take a very view of landlords taking the piss and will hopefully lob the book! (as they have done in past cases)

haha, that’s a nice thought – cheers man


If she is renting privately - check with HRMC to see if she is declaring the tax!

banging, I will do mate


Threaten about the deposit as said above not being declared you shall take her to court, drop in something about taxes incase shes not declaring. Go back to the house when she is there and confront her?

Personally would have had her check the house out not given the keys back until the deposit was in hand.

I don’t think she’ll ever go back, there will be new people living in there by now. I was going away (past my moving out date) so she told me to leave the keys on the table and lock up. then on the date I was suppose to move out the deposit will be refunded into my bank account.


Heres the page you need to read and from 6 April 2007 all deposits are to be protected by a tenancy deposit protection scheme.

http://webarchive.nationalarchives.gov.uk/+/http://www.communities.gov.uk/housing/rentingandletting/privaterenting/tenancydepositprotection/

this page is helpful too

http://webarchive.nationalarchives.gov.uk/20121015000000/direct.gov.uk/en/homeandcommunity/privaterenting/tenancies/index.htm

This page is great from shelter it lets you check if your deposit is protected and gives you all the advice and things to do if its not.....theres even a template letter to send to your landlord...theres some great sections on the left of the page too

http://england.shelter.org.uk/get_advice/paying_for_a_home/tenancy_deposits/deposit_protection_and_tenancy_deposit_schemes

this was massively helpful mate – thanks a lot

[Stissy]

last nights update:
i managed to get in contact with the woman to ask why i was not recieving my deposit (this was via text) she sent me a long list of things why - half of them were ridiculous reasons, here's a few examples:

- the shower curtain needed replacing: which it didn't, it's exactly the same as it was when i moved in, but if she thinks so, then fair enough. but its only 4 or 5 pound for a new curtain

- the garden was left in a mess: there may of been the odd cigarette end hidden somewhere that i didn't clean up. but i shouldn't be charged for leaving a messy garden

- there was a key missing: i had two sets of keys, each with two keys on them. i left 3 keys on the table and the fourth was on the shoe rack (i leave that by the door). so that isn't true, although even if it were then its not going to cost 200 pound to get another key cut. she already has a second set she can copy from. its like a fiver

- there's been signs of an animal: not true, no animals have lived there. although the people who lived there before me had a dog (which ruined everything) this was explained to me when I moved in.

so she has now given me reasons, but they're all small reasons which would never add up to total 200 pound.

[mechsman]

My thought would be to offer, IN WRITING (otherwise it comes down to he said, she said), what you think is fair to cover the "damage" that she thinks you caused (new shower curtain, and maybe an hours cleaning work at the going rate for the area, which should add up to about £20 tops) and tell her that you dispute the key being missing (did you tell her where it was?).

Then, if she still refuses to give your money back, send her a letter before action stating that you intend to take her to court. If you're sure she hasn't put your deposit in a protection scheme (unlikely by the sound of it) you might like to put that in as well and point out that she can be sued for 3x the deposit. Most people worry when court is mentioned, and brick themselves when stamped court papers land on their doormat. Only do this if you are serious about following it up though.

Above all have a good read of the CAG forums and all the advice pages linked and make sure you know exactly where you stand. You can also get an idea of your chances of success through reading similar cases.

[Stissy]

My thought would be to offer, IN WRITING (otherwise it comes down to he said, she said), what you think is fair to cover the "damage" that she thinks you caused (new shower curtain, and maybe an hours cleaning work at the going rate for the area, which should add up to about £20 tops) and tell her that you dispute the key being missing (did you tell her where it was?).

Then, if she still refuses to give your money back, send her a letter before action stating that you intend to take her to court. If you're sure she hasn't put your deposit in a protection scheme (unlikely by the sound of it) you might like to put that in as well and point out that she can be sued for 3x the deposit. Most people worry when court is mentioned, and brick themselves when stamped court papers land on their doormat. Only do this if you are serious about following it up though.

Above all have a good read of the CAG forums and all the advice pages linked and make sure you know exactly where you stand. You can also get an idea of your chances of success through reading similar cases.

I’ve checked with, The Deposit Protection Service (DPS), Tenancy Deposit Solutions Ltd (now called MyDeposit) and The Tenancy Deposit Scheme (TDS) all of which have no record of my deposit ever being paid into a scheme or being insured. I’ve also looked into the citizens advice bureau who say I can take them to court and give a step by step process of what to do and how to do it. Along with that I’ve found this information from shelter:

“the landlord may dispute the case by using the following reasons:
- the property has not been left clean enough
- there is damage to the carpets or furniture
- the rent has not been paid in full.
- landlords may try to compensate for the penalty part of your claim by exaggerating their counterclaim so that it is for more than the deposit.”

there are two more reasons she said to why I’m not getting my deposit back that I forgot to include, these are:

Some of the cutlery was missing (this I don’t agree with, but even if they were a new set of knifes and forks is 5 pound maximum)

I didn’t give a months notice when I was leaving (which I did, and even if I didn’t she can’t keep some of my deposit because of that)

I reckon the best way forward at this point is to add up the total costs of everything that I am willing to pay for and present that list saying “I’m willing to pay X amount for these things however I want Y amount of my deposit returned to me. If not I will be taking court action etc etc”

[baker556]

Dude if your saying everything was there don't pay x amount she should pay a full amount.

Tell her you want to meet her and be shown evidence for the items or you are going to a small claims court.

Also threaten to go back to the house knock on the door and tell the new residents how the landlord has been...

[Stissy]

Dude if your saying everything was there don't pay x amount she should pay a full amount.

Tell her you want to meet her and be shown evidence for the items or you are going to a small claims court.

Also threaten to go back to the house knock on the door and tell the new residents how the landlord has been...

thats a good point actually mate.

[mechsman]

Some of the cutlery was missing (this I don’t agree with, but even if they were a new set of knifes and forks is 5 pound maximum)

I didn’t give a months notice when I was leaving (which I did, and even if I didn’t she can’t keep some of my deposit because of that)



If she hasn't got a signed inventory for when you arrived and when you left, she hasn't got a leg to stand on. I.e. she can't prove the items were there to start with. Do you have a moving in inventory? Did you agree the contents of the house verbally/in writing?

Did you have a verbal/written contract that included the condition of giving a months notice? If not, again she hasn't have a leg to stand on.

As i said before, WRITE to her stating that you dispute whichever things you dispute, and require your deposit back within 10 days or you will sue her, as is your right to do so. Next letter will be an LBA and then court.

[Stissy]

If she hasn't got a signed inventory for when you arrived and when you left, she hasn't got a leg to stand on. I.e. she can't prove the items were there to start with. Do you have a moving in inventory? Did you agree the contents of the house verbally/in writing?

Did you have a verbal/written contract that included the condition of giving a months notice? If not, again she hasn't have a leg to stand on.

As i said before, WRITE to her stating that you dispute whichever things you dispute, and require your deposit back within 10 days or you will sue her, as is your right to do so. Next letter will be an LBA and then court.

She gave us an inventory, but we never signed it. it was just a list of what was in the house

I will write to her, as stated in post #33 I’m going to write a letter explaining I want the deposit back, if she fails to respond, or says “no” then I’ll take it further. there’s no way I’m going to sit back and let someone take 200 pound from me

[MuZiZZle]

Have you considered having sex with her behind the wheelie bins?

[Brettles1986]

Have you considered having sex with her behind the wheelie bins?

He's obviously done that as first base

[MuZiZZle]

He's obviously done that as first base

I find that 9/10 disputes can be settled with a bin obscured anal hammering!

[mechsman]

^ Pahhahahahaha! Dammit, i was drinking a can of coke when I read that!