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Landlord claiming holiday let- won't give deposit

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193 views 2 replies latest reply: 09 June 2016
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Tenant

Hi everyone, 

So sticky situation but i’ll  keep it short! Moved out on Monday and landlord contacted to say will not be giving back my deposit. She claims new furniture is required due to staining (I do have a child but I cleaned best I could and have pics to prove is very light). I paid £1000. 

I’ve just moved from Ireland so had no idea about the deposit protection scheme until someone at work told me today. She never protected deposit- when I brought this up she claims it is not AST but holiday let so does not apply! On second look, she did scribble’This is not AST’ at top on tenancy agreement but never discussed this with me! Also, the tenancy agreement has a clause stating deposit will be protected. The agreement also claims that this home must be my primary and only home which is surely not a holiday let! I rented this property for 6 months and was advertised as a letting and not holiday let. Landlord knew I was working and living from the property and was not on holiday.

Also, no inventory was ever done so I’m assuming this weakens her position. She wanted to send me bills for new furniture and says she will contact my employer if I refuse to pay. 

Am I right in refusing and what should my net step be? As I mentioned, I’m from Ireland so I don’t know about the legal processes here.

Any help or suggestions are much appreciated.

Thanks in advance

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Service provider

Hi Kayla,

It was certainly an AST. Simply writing that something isn’t what it really is doesn’t change things. Here is a useful article that explains the law:

http://www.landlordlegalsolutions.co.uk/site/blog/legal-blog/can-i-grant-a-short-term-let

So as an AST, the deposit should have been protected and your landlord will be liable to an additional penalty which is paid to you, of up to 3 times the amount of the deposit.

To successfully claim deductions from your deposit, your landlord would require both check-in and check-out reports carried out by an independent company.  You should have been given the opportunity to confirm the check-in report (and inventory) as being accurate and the opportunity to attend the check-out inspection. Invoices alone are not sufficient as they don’t prove that you caused the damage.

The next step is to get as much written evidence as possible (email is fine).  To prevent her making additional spurious claims if you do have to go to court, ask for a breakdown of all her deductions and invoices, and copies of the check-in and check-out reports (which she probably won’t have).

I would save letting her know about her legal failures for later. You have 6 years to make a claim if necessary!

John

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Service provider

If you do need help we offer a no win no fee service to claim your deoist and compensation. it seems quite clear from what you say that you have a claim. feel free to message us, we are tenants voice members.

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