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Legal advice about deposits

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636 views 4 replies latest reply: 04 January 2017
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Tenant

hi I have recently moved out of a one bedroom flat on the 6th of December and have been trying to get hold of my landlord to give the keys back. I have only today got an email from the landlord to be told that he wants to take our full deposit. There are four burns on the carpet due to hair straighteners which was us however has quoted me £750 to replace it, also has told me he has called rent a kill out on New Year’s Day after new tenants had moved in to fumigate the place which was another £350. Is this allowed? As we didn’t go through anything with the landlord about the property before he moved new tenants in? And if I find cheaper quotes do have any rights to get my deposite back.

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Tenant

Usually landlord’s are legally required to put deposits in a Tenancy Deposit Scheme, who will then rule on any disputes about deposits. I’d check with them about the process.

If your landlord hasn’t done this (and was required to, see the guides on this site or Shelter for more details) then you can sue them and the court would have to give you between one and three times your deposit as compensation (and since your landlord is trying to take advantage of your deposit not being protected, taking money from it etc, the court might lean to the full 3 times). In your situation that’s over 2 grand, quite the leverage for your landlord to return the deposit in return for you agreeing not to sue. Indeed, court have ruled that in some cases the tenant can get 6 times the deposit (see cases like Akrigg v Pigeon, the fixed term to statutory tenancy part).

Or you could go through with it, expecting to get back more than he/she has taken from you.

Of course, before embarking on any legal action you should fully check everything – Shelter has a good guide to this (as do TTV).

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Agent

Hello everyone

Thankyou for this information pivot. But hannah if you still having any problem with your landlord then you can contact us and we will provide a  better rent place to live. We are here for your help just visit our website.

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Tenant

If you want to promote your letting agency, please use the directory, where tenants can find you if they need to. 

Hannah, unfortunately, your landlord is likely going to discount at least a portion of the deposit to purchase a new carpet. The four burns are definitely going to cost you a bit, but maybe not the entire cost.

Pest infestations are subject to dispute. It maybe the landlord’s responsibility to remove pests if any fault at the property has attracted them.
Please read our blog post about pest responsibilities – http://www.thetenantsvoice.co.uk/your_home/a-tenant-asks-what-are-my-rights-when-my-property-is-infested-with-pests/

Like Pivot said, your deposit needs to be protected with a government authorised scheme. If the deposit is not protected, you’re entitled to compensation, IF you can prove in the courts that the deposit is not protected. This is fairly easy, as there are only three schemes that legally operate in England.
You can use the scheme’s Free Alternative Dispute Resolution service to help you get as much of your deposit as possible, IF you can’t negotiate with the landlord on the final deductions.

I suggest you download our two guides:
Deposit protection and claiming compensation – http://www.thetenantsvoice.co.uk/letter-templates/request-tenancy-deposit-protection
Deposit disputes – Negotiation and using the ADR – http://www.thetenantsvoice.co.uk/letter-templates/request-deposit-back-negotiate-disputes

There you will all the information you need to engage with the deposit protection company OR negotiate with your landlord. Claiming compensation using the courts should ALWAYS happen after legal consultation with a solicitor.

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Tenant

hi Hannah , just to let u know go ahead with the tenancy deposit disbute , your landlord will have to show reciepts dated etc , he will have to prove what he has paid out for , i had Leaders bournemouth s Terry Attwell telling me he was taking all my deposit plus i would owe them more money , he dragged his heels hoping i would just leave it , they are threatening but dont back down, dont leave it past 3 months or  they can take all ure money then if u dont respond , Terry was caught out when i started the tenancy dispute service because he was lieing too, so i got my money back , its real easy to do and they are very helpfull if u phone them , good luck , i do know that a reasonable contribution is expected for damage , not hundreds of pounds for new carpets !if u have any pics of the carpet condition that would b good , just showing how tatty or whatever it was , i burnt a carpet once they charged me £30 , i thought that was reasonable .Also as others have probably said , if he hasnt put your deposit into the tenancy deposit scheme he is breaking the law and as u havent got anyppaperwork to that effect im guessing he hasnt ! google it up and u go get him girl !

 

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