My Landlord Won’t Give My Deposit Back

Bitch Fight

Here’s a conversation I had earlier with a friend of mine:

My ex landlord claims he’s paid my deposit, but it’s not gone into my account. Nowhere on my statement. What can I do if he keeps claiming he’s paid it?

what date did the tenancy agreement start on?

it was 6th June, 2008

Ok, your Landlord is breaking the law. He doesn’t have a leg to stand on- so it’s in his best interest to make sure you receive the money.

God, I fucking hate asshole Landlords.

I’m assuming this is quite a common problem for tenants, even though it shouldn’t be, by law. Landlords shouldn’t have control over tenancy deposits.

From 6 April 2007, when 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.

The scheme was developed so disputes regarding the deposit can be moderated externally by an impartial party.

In the past there have been a high number of disputes between landlord and tenant regarding security deposits e.g. deposits were being withheld unfairly. That’s precisely why the scheme was so crucially introduced.

Landlords that fail to secure their tenant’s deposit can be taken to court and fined 3 times the deposit amount. Securing the deposit is a legal requirement, and it’s the landlord’s responsibility. If a letting agent is acting on behalf of the landlord, it is still the landlord’s responsibility to ensure it’s been secured.

So, if you entered into an assured shorthold tenancy after the 6th of April 2007, and you feel your landlord is unfairly keeping your deposit, then feel free to threaten the fool with legal action.

Taking legal action

If you want to take legal action against your Landlord over this issue, you need to go to a small claims court. All the information you need is over at the official hmcs website. Good luck!

Has anyone been in this situation, where your dickface landlord has held back deposits unfairly? I’d be interested to hear your story…

180 Comments - join the conversation...

Showing 131 - 180 comments (out of 180)
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cardifflandlord2011-05-27 15:17:20

@Klara: you are correct! Well written and easily understandable.

Only bits I have an issue with is the non-protection of deposit. Recent legal rulings have made the deposit schemes pretty much unenforceable and as a result 99% useless!

Also recorded dely is not a good way of sending documents as the receiver can refuse to sign for them. Best send 1st class with proof of postage or special delivery or even better - hand deliver them and stick them in the LL grubby little paw!

Well done

Cardifflandlord

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Klara2011-05-27 15:50:23

Thanks!
It's amazing what one bad experience can teach you! Whilst my landlady tried it on, I was lucky that she had protected the deposit, so I never had to go as far as court, but I know what you mean about the non-protection issue. However I think the threat of court action may persuade a landlord to give way on the whole issue (makes them realise the tenant knows what their rights are) or at least to protect the deposit, thus opening the arbitration route - but I understand it's not as simple as many think! Hence why I said it was a whole other issue - too many people hear that they can get 3 x deposit back without realising that the landlord can place it in a scheme as late as the day before court and not suffer any consequences, whilst lumbering the tenant with large court costs. As I understand it, going through small claims court for only the amount of the original deposit is a more realistic option, as the fees are so much cheaper. Hope I've got that right?!
Klara

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Becky2011-05-27 22:14:36

Hiya,
I posted on here a few comments back ...

i would really like some help on how to claim back my kids deposit. Its been 2 and half mths now since they moved out and still the landlord refuses to anwser his phone to them or to speak to them ... please help!!

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TEEA2011-05-31 11:51:02

HI, We vaccated our flat on May29th 2011 and Our home owner came one day before i.e on 28th may 2011, verified flat and gave back our deposit as a cheque £600..he now cancelled the cheque and claiming that he is not happy with the flat as there is food left in th e fridge we left milk which we kept as safe side for our 1 year old baby.Please can you advice what i cna do ?

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khan2011-06-16 11:18:19

Hello, I am writing this letter to get the best advice or Help from you.
A week ago I was looking for a one bedroom flat on www.gumtree.com web site and i found a private landlord. I spoke to him, we met and he also shown me the flat. This guy looked quite good to me and I really believed him that he will not cheat me. I transfered him the security deposit £500 in his wife’s bank account. But I didn`t get any receipt or contract from him. The landlord said that time that the flat will be free on 1 July, but now he refuses to attend my call. I am 99% sure that this guy has Mugged me.
The bad thing is that I have no personal address of him or some other information, the only thing I know about him is his wife`s bank account`s detail in which I transferred the security deposit of £500 from MY account and the rental property address and his contact number.
I believe that I done wrong to sent him money without any receipt, but I also believe that there is also someone who can help me to get my money back.
I am REALLY looking forward for your help in this matter.

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Mike2011-06-16 12:42:38

Hey Khan,

Your "landlord" sounds like someone running a scam, like number (1) on the list below:

http://www.propertyinvestmentproject.co.uk/blog/rental-scams-tenants-should-be-aware-of/

If the guy refuses to take your calls, the only things I can suggest are to get in touch with your bank, and potentially with the police. You also might want to contact someone at Gumtree to see if you can prevent anyone else falling into the same trap - hold that--- the police might want to respond to the same advert to try a reverse sting :) (that's if you get one of the remaining staff that care about crime on this scale)

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morges2011-06-19 22:30:17

Hello

I wonder if anyone would be able to give me some advice?
My mother gave her landlord a months notice at the end of April.
The landlord came to pick up the keys and check the property on the last day of May. I was there and he started saying that my mother needed to get the carpets cleaned because it stunk of cats which wasn't true as her cats were never in the actual house only in the porch which didn't have carpets only floor cover.
She did have the carpets cleaned and it cost her £130. I feel angry that she had to pay for someone to clean the carpets considering the state of the house when she moved in. The whole place needed to be scrubbed from top to bottom.
That was the first thing then when my mother asked him about her bond he said that the estate agents had it. Then when my mother went to the estate agent they said they did not have it and that the landlord had it and to contact him. When my mother then spoke to him he then said that he would give her the bond when they new tenants exchanged the contract. Which don't think can be right, what if he hadn't had any tenants for months? That isn't my mothers problem and shouldn't have anything to do with her getting her bond back.
She has texted him a number of times asking for her bond and he hasn't even replied to her.
What can she do about this? What are her rights?

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Paulina2011-06-22 09:59:21

Hi,
I would be very happy if you could help me.
I rent the house 5 months ago for 6 months contract.
the landlord gave me contract to sign and it says he will keep the deposit.
I ask him,why and why he doent want to send it to dps,but he said they will charge him 20 % ,and of course he can...but in the end he didnt.
I want to move out next month,because he is so unfair giving me promises that he is going to fic,change this and that,but he never kept any of them.I am worried that he will not give me my deposit back and if it will happen i am not sure what to do next.
It my contact valid???Or it is illegal to sign it?

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Jamie2011-06-29 06:37:22

Can I just post a brief note here concerning the Tenancy Deposit Scheme? It is important to understand that this scheme is only suitable if you have agreed and signed a 'secured shorthold tenancy' it does not apply to rooms that have been let out under informal agreements such as a flat/house share or under a 'licence to occupy'. It is always best to have an inventory and a note (or take a picture) of the condition of the property which is agreed between both parties before you move in.

I am not a landlord, I am a tenant but have in the past let out a room in my rented flat and am so happy that I produced proper agreements as I've just got rid of a tenant from hell! The key is here to ensure that you have a written understanding of expecatations in preparation for when you vacate - If you are sharing it helps if you agree things like 'houserules' - it all sounds so formal but worth it's weight in gold when things go wrong. You can download free agreements from most flatshare websites. Good luck.

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jayne2011-07-11 19:36:13

i av a landlord n becoz i told him to do the repairs as there that many of them but the main repair is a broken window that was done befor we moved in .n my partner cut his hand on it he said he wud change it n then gave me eviction order wat a idiot

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Mason 12342011-07-27 20:35:54

Heres one, sign a 12 month contract then say youve lost the copy when you want to move out 6 months later!
Is it fair that I as a landlord ask for a gesture payment to cover the costs of a tenant find?
I charge 2 months rent in advance opposed to a bond as it makes it simpler to cover these eventualities!
The tenant won't even offer £150 towards the new tenants find fee and agreement.

Thanks your thought please

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phil irving2011-08-07 15:15:32

My mate was renting a room privately from a guy. He had paid a deposit. The guy recently asked my mate to move out because his partner was going to move in. He gave my mate a cheque for the deposit. He has now sent my mate a text saying don't pay the cheque in because it will bounce and he will sort it out in a few weeks. My mate has already paid the cheque into his account and paid some bills against it. So it is going to bounce and he is going to be overdrawn and accumulate bank charges. What rights does he have to (a) get his deposit back and (b) get the dickhead landlord to pay the bank charges that he is going to incur. Is there any place or anyone he can turn to?

Thanks for any help you can give.

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Jon Easdown2011-08-13 22:41:54

Got a bid of a crazy situation.

On August 12th I moved out of the flat i was renting. I called the landlord 1 month prior to give him notice, as per the contract.

Anyway to cut a long story short...The poor landlord has passed away within the last month and his brother turned up at the flat the day before i moved out. I asked about our deposit and he said we have to get it from the property agents. So i tried calling them and the number is no longer in use. I fear they may have gone out of business. So now the landlord says to contact the GDS. Thats all he told me, 'contact the GDS, they have your deposit.'

When we handed the deposit to the estate agent he didnt mention anythign about the GDS or give us a ref. number or anything.

I really dont know who has our deposit and dont know how to find out.

If anyone could help it would be greatly appreciated.

Thanks for your time,
Jon

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emma2011-08-17 19:50:01

im just in the process of moving out and dont know if im entitled to my deposit back i broke the front pvc and paid £400 to have a new door put back on my at request of my landlady but wen she came out and she didnt like the door and said it was cheap as id already paid £400 i couldnt afford to pay again we agreed she would pay to get the old door replaced and fixed or whatever and i would pay ex amount each month it was verbally agreed and she had told me she would get somebody out to quote a price she never did so i never paid am i entitled to my deposit ??? help pleaseeee

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Shale2011-08-18 17:17:55

I am a landlord myself and I am amazed by how many landlords are such arses. However on the opposite side of the fence I have had tenants trash my property and do all sort of weird and awful things. I have lost a pot of money in the past. I have come to the conclusion Bonds dont work and I no longer take bonds from tenants. I charge a small non returable fee for any work that needs doing when they leave and everyone loves it. Much cheaper than a bond and if they trash the room so what...I just get it fixed. The law is an arse and sadly most landlords greedy buggers.

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Jimmy2011-08-19 10:07:26

Hi guys

I have a problem - my bastard landlord agency is holding my £300 deposit for my tenancy agreement from June 2010 - June 2011. The reason being that they've asked us to provide proof that we've settled bills for water, gas, electricity and council tax. Now, we've proved all but the council tax. And I'll let you in on a little secret, we never actually paid any, we just ignored the original letter and no more came thereafter, it was more out of laziness than actually evading it. Now the landlord is demanding proof that is has been paid or that we were exempt. We had 2 masters students and 2 in full-time employment. As far as we know there is no law which allows the agency to hold our money for council tax issues as they do not own the house, the just let it, surely the issue should be between the tenants, house owner and the council? Do we have a leg to stand on in here?

Also, in a bid to get some money back off them, we were wondering if there is some sort of tribunal or 3rd party we can go through to claim that the rent we were paying was not justified in the quality of the house, which was a complete shithole charged at £62 per person per week.

Any ideas guys? I'd sooner the council had my money than the cunting letting agency.

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Shale2011-08-19 13:21:48

Hi Jimmy
You cannot seek reimbursement for rent after the fact.No matter what the quality of the house, you must have signed a contract agreeing to pay x amount for the rent, so this wont work.

Council Tax: I cant see what this is to do with your landlord at all. I am a landlord and I pay council tax for my tenants so it is my responsibility. However if the council tax was your responsibility then why is the landlord getting involved? I smell a rat! Maybe the landlord is using this as an excuse to keep your money. Or maybe he is telling the truth and he has had to cough up the council tax in which case, he will have documentation and bank statements etc to prove he paid it on your behalf.

The thing to do is "check mate" him. You need to ring up the local council and be honest...ish. Tell then when you were at the house and that there was students there (exempt from counicl tax) and a full time employed person.You get a deduction for just one employed person. They will then tell you if the landlord paid the council tax on your behalf during this period or not. Ask them to detail as much as possible on email (for your records) so you have written proof. If they tell you that the landlord didnt pay the counicl tax during the period you lived there, then he does not have a legal leg to stand on as basically this is fraud.

However IF he did pay the bill for you then yes....you owe him some money. The people responsible for paying this are the 2 employed people and NOT the students. If you were one of the employed people, just pay half.

Was your bond in a deposit protection scheme. If yes, then you can dispute the non payment of the bond if indeed he lied about the council tax or the amount.
If he didnt put it in a deposit protection scheme, then contact ARLA for advise on what to do next.

One other thing....is the amount you owe or he paid for the council tax is less than the amount he is charging you - keep stum and loose the money.

I smell a big rat and think hes lying. Most counicl taxes are around £125 a month in an out of town area....more for cities. £300 sounds too cheap to me. But please please contact the local council. Keep it all legal and be above board and these guys will protect you from crooks. Hope this helps.

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SJX2011-08-21 18:09:39

I broke a cooker top in my last flat. The appliance still worked and the damage was localised to the top left hand corner. We informed the letting agency and the landlord who came to view it the next day. they asked us to claim on our household insurance. We were told by our insurance that we could not claim as this was a fixture. We told the agency this and had no reply. we lived happily in the flat for 3 years and never hid the fact that it was broken and that it was logged on our annual inspections! We have now moved out and they are stating we have to pay £311 from the single quote provided to us. They state that ' all electrical appliances should be left in good working condition'- it works as it did throughout our tenancy. We offered to pay the excess on their insurance but this has been declined. Where can we go from here?

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JCL2011-08-26 11:30:38

I was moving to Reading for a new job and needed to find a place to stay. I viewed this one property and decided to take the room. All of this has happened in the last week, starting on the 17th of August 2011. The tenancy was supposed to start on the 29th of August 2011 but I have had to pull out of the let due to family issues. The landlord is now saying that he will not pay back any of the £400 deposit because he will lose money by having to re-advertise the room and lost rent. Can he do this? I can understand if he keeps some of the deposit, but not all of it. He could for all I know get a new tenant for the room next week. Is there anything I can do about this?

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leanne lewis2011-09-26 21:24:43

hi i dont know if we have a claim i took out one year tenancy and all has been fine that year wen we moved in ewe took pics of all repairs aND NOTIFIED LANDLADY AND SHE SAID ALL WOULD BE REAPIRED ASAP SO WE SIGNED AND PAID A £550 DEPOSIT then time rolled around this may to re sign so we did we are 4 months in to our 2nd year and our landlady is becoming horrible with us british gas came to fit new meters and showed us that there was live wires exposed and gas boiler needed fixing so wen i repeatedly demanded this stuff to be done as i have a 6 month old snd a 6 yr old in the house she said she was giving us a months notice to get out as we are costing her to much money..l. i said ok kick us out and we will take you to court as we know this house is not covered by insurance or safty certificate. which wefound out is true as we were bluffing and she dumped herself and rang back half hour later and arranged to fix wires n boiler. but now we have misplaced our tenancy agreement but my hubbys work hours have been cut in half so now we need to claim some financial help from benefits til his hours pick up again so we can pay the rent but she is refusing to send a copy of agreement or even fax a letter to them as and i quote "she doesnt have time". so now she keeps holding the threat over us to kick us out n im sick of it. so if she cant help us i dont wanna be therepay her another months rent and then be kicked out so we were going to say we pay a month in advance so we will just leave early but she is saying she wont give us deposit back ...is she allowed to do that if it is her stubborness to give us copy for benefit claim that has made us not able to pay the rent? xxxc

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lisa2011-09-27 10:21:48

i left my rented property my landlord wrote me a cheque for my bond which later bounced he will not answer my calls which is strange i want to take him to court but dont know were to start i also found out he stopped protecting my bond which i was charged to protect it what can i do

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Nigel2011-10-15 12:11:26

Hi,

Here's my story.

I signed a 12months contract for a 7 bedroom house with my landlord for sub-letting the property with £1800 rent per month and £1800 deposit. I have completed the 12 month period and decided not to renew the contract. The owner has deducted around £1200 claiming for damages which I feel is very unfair.

My main question is that the owner did not register my deposit under the new government scheme. What are my chances of winning the case on that basis? and finally how long do I have to file a case against him as I am going out of country for 3 months.

Please reply back with your words of wisdom, I would really really appreciate any help from you.

Regards,
Nigel

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Fiona Graham2011-10-24 19:05:08

Well, I'm in shite right up to my eyebrows !! I signed a 6 month Fixed-Term AST in Dec 2008, having paid a Deposit of £1315. We did not receive a renewal at the end of the 6 months, so we carried on as usual. However, in January 2010 (13 months later), we received another 6 month Fixed Term AST, along with a Deposit Protection Certificate (dated 12.12.09 - 12 months after we moved in), but no explanation as to what it was. There were, however, some inconsistencies with the address on the Certificate and we refused to sign our copy. We also refused to sign the AST renewal, as they changed the Paragraph regarding pets (we had paid a £500 Bond to keep pets) and would not correct it.

We moved out of that property on 8th September 2011 and used the 3 remaining days of our Tenancy to have the property professionally cleaned, including the carpets. The Landlord turned up on the morning of the 8th, with Decorators in tow and was pissed off to find us still in the process of moving (we had until the 11th !), as he wanted to carry out long-standing repairs (that he'd been promising us would be done for over a year !) and re-decorate the Bungalow, prior to the new tenant moving in on the 12th Sept. He had no intention of walking round with us and hadn't even brought a copy of the Inventory with him, but by turning up with his decorators in tow (having not seen the interior of the property for best part of a year), I fully believe he had every intention of re-decorating it, regardless of what it looked like. Anyway, having remarked that the Bathroom and Kitchen still looked as new as the day they were fitted (3 years previously), he did comment that a couple of carpets were grubby and I reminded him that we had booked and paid for a complete exit clean, including the carpets. (He has since acknowledged in writing that the 'carpets came up very well'). Having lived in the bungalow for just short of 3 years, with 2 adults, 2 teenage boys, a 9st Bullmastiff and 2 cats, I feel it is highly unlikely that magnolia paint will still look pristine, however the only areas of concern were in the main bedroom (where the bed had been against the wall) and the 2nd bedroom, under the windowsill (once again, where the bed had been). I pointed these out to the Landlord and offered to re-decorate them in time for the new Tenant on Monday (this was Thursday), but he stated it wasn't necessary, as his decorators were there anyway. I then offered to contribute towards the cost of the Magnolia Emulsion required to cover these two minor areas but, once again, the Landlord refused our offer, stating that the cost was 'negligible'. Before we left, we shook hands, thanked him for letting us live in the Bungalow and even joked that, should we return to Kent, he'd better have a house waiting for us !! We also asked him, at this point, about the return of Deposit. In return, he thanked us for being 'great Tenants' and told us 'not to worry' about the Deposit and it would be returned within 14 days. Therefore, we left the property believing (and rightly so) that everything was in order and, providing the carpets came up clean (which they did), that our Deposit would be returned in full.

Having not heard a word for 14 days, I emailed the Landlord and, having not received a reply for 2 days, I phoned his office. I was told by the Office Assistant she was in the process of typing the letter and would email it to me (which she did). To my absolute horror, it stated that they were withholding £700 of our Deposit for 're-decoration costs' and that they were being generous 'because the Landlord liked us as people' !!! Fuck knows what it would've cost if he didn't like us !!! Equally, it said they were enclosing a cheque for £615, that being the remainder of our deposit (but it obviously couldn't be emailed !).

I immediately emailed the Landlord's office and asked for a breakdown of the costs and an explanation, but didn't receive a reply. I then sent a further email, addressed directly to the Landlord, stating my displeasure and listing several questions to which I required answers. I also requested that we might negotiate on the amount withheld. I received a response stating, and I quote, 'When XX (his name) does a check out on a property he expects it to be ready for handover. His decision is final and he is not in a position to consult about this'. So, by now, I've 'lost' £700 and the Landlord states 'no comment' ... charming ! I emailed again and stated I was not in agreement with the amount withheld (£700) and requested that my Deposit remain protected until further notice. I also asked for clarification of when the undisputed amount of £615 was going to be returned to me.

I received an email back stating I could only have the 'undisputed' £615 back IF I agreed in writing NOT to appeal about the £700. I emailed straight back and, once again, requested clarification, along the lines of "You are under obligation to return the undisputed amount of £615 to me within 10 days and I would like it back NOW .... are you seriously telling me that I can only have it back once I've declared in writing that I will NOT appeal against the withheld £700 ????" .... there's me thinking they CANNOT mean what they're saying, 'coz that's surely BLACKMAIL ?? The reply I received stated "We have your cheque for £615 waiting, but cannot send it to you until you confirm that this is the final settlement" .... so, YES, they are blackmailing me !!

I then spoke to MyDeposits, who were alledgedly protecting the Deposit and (regettably) asked them for advice and how they react to Landlords that are blatantly abusing their rules. Having looked at the two AST's (one signed, the other unsigned), they asked me to get Legal Advice as to which AST was the legal one. I did as they asked and promptly received a letter from them stating that the Deposit had been illegally protected (as the first AST was the legally binding one and they don't protect deposits on rolling tenancies) and therefore my Deposit is no longer protected and will count as never having been.

So now, I'm left in the position of being £1315 out of pocket, fighting a Landlord who obviously doesn't play by the rules and is blackmailing me into accepting ludicrous charges and having no deposit protection in place either.

I have repeatedly tried to get advice - I even went to the CAB, but it seems my only option is to take the Landlord to Court and, despite all his dishonesty and apparent fraud, plus blackmail, I stand little chance of getting anything back, let alone prosecuting him. In fact, the Solictor I spoke to even told me to 'forget it - it'll cost more in Legal Fees than you'll ever get back via a Court'.

How can this be possible ? This Landlord held onto my Deposit for 13 months, then fraudulently placed it into a Deposit Scheme (which has now washed its hands of it), knowingly gave falsified information to MyDeposits (and signed the Certificate stating it was correct to the best of his knowledge, when he knew it wasn't), is blackmailing me into accepting less than half of my deposit back (without justifying any charges at all) and yet I don't appear to have a leg to stand on, because I'm no longer in the property !

I thought this Tenancy Deposit Scheme was meant to protect Tenants, but it seems a complete load of shite to me ! I also thought MyDeposits would offer some backing, having taken the decision that the deposit was fraudulently protected, but it seems not ! They even stated on the phone that refusing to give me my 'Undisputed' £615 back was illegal and by making me choose between all or nothing was, indeed, blackmail (and against their rules), but I seem to be the only one who's being punished here, as they've cancelled my protection and left me high and dry.

Has anyone got any ideas where I go from here ? How do I get to stop this Bastard from stitching other Tenants up too ? Do I have any legal rights, or should I just send him a nice letter asking for my money back (on top of the other 10) ? The only other option I can think of, is to settle for the £615 and let him keep the £700 ... thus letting him get away with all his fraudulent activities and bully-boy tactics. Why should I though ? I've done nothing wrong and didn't know he had, until we'd moved out and all this shit started to hit the fan :((

If anyone's got an ideas, PLEASE let me know.

Thanks xxx

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Karunakaran2011-12-04 12:15:20

Hi,
I Made 6 months contract with my Landlord, and due to my personal reason and Bedbug issue on this flat, I need to vacate in 4 months, so informed my landlord my situation, He committed me by words that, when new tenancy come, then I will return my deposit Money, and he signed on my contract with date of leaving the flat and return my keys and all my holding on the flat to him. hen I Moved to different city, After this happened, the first 2 weeks he responded my call, and told that still no new tenancy come. then when ever I called him he is not picking my call, and not responding my voice mail as well.

What Can I do now? how will I get my deposit from my land lord?

Please advice or suggest me on this issue?

Thanks
karuna.ms gamil.com
07869634246

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carpet cleaning dublin2011-12-30 18:57:22

Thank you. It was indeed definitely worth the read.

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carpet cleaning2011-12-30 19:30:58

Hi and thanks. It was indeed well worth the read.

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Dustin Ordazzo2012-02-17 04:12:44

There may be noticeably a bundle to find out about this. I assume you made certain good points in options also.

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Paige2012-02-19 20:21:38

Hey hope some one can help!
Is my landlord allowed to keep my bond (£300) if I leave my property 2 month early but still give him 28 days notice as he says I am in breech of my tenancy bur I only want to leave due to the fact that my landlord doesnt seem to be doing all my repairs he has done some ( any example he left me with a gas leak for 2 months and he was aware of this and put cellar tape on it // he left me with no hot water or any thing for 9 day ) my boiler is leakin and has been for 10 months and the pressure is always droppin and wen I report it it takes him days to sort it and I have a young child

What can I do !!

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Jeremy2012-02-19 22:15:10

Hello Paige,

If you want to an Alternative Dispute Resolution service or the Court, you could argue that ths house had been kept in a delapidated state, which promed your leaving. 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.

But you would need good evidence to rely on this getting your the right result: Otherwise you're into a "he said - she said" situation which you can nto rely upon the certainty of the decision.

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Kate2012-03-01 10:32:06

I have seen a property and been asked to pay £100 to secure the room.
I paid £200 so that can go towards my rent too. Nothing has ever been signed, no contract nothing. All verbal.

I however have changed my mind, and asked for the deposit back. And because I did feel like it was unfair on the landlord I actually only asked for my £100 back.
He has been ignoring me and when finally I managed to get a response out of him he said" Why should I pay you for you indecision?"
What can I do? Any advice would be very helpful.

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Keiran2012-03-02 11:04:05

Hi,

My landlord is withholding £350 of our £550 deposit for basic wear and tear but they claim that this is not the case.

We didn't receive a receipt for our deposit therefore this is a breach of contract. I have seen the above legislation as of 6th April 2007 however I live in Scotland and not sure if this applies as I don't think my deposit was protected! I have been told this legislation does not apply to Scotland.

What can I do to get my money back? They have been so unreasonable and indirectly accused us of living like tinks and it's so embarrassing.

Please can someone shed light on this.

Thanks, Keiran.

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Jeremy2012-03-04 16:18:35

Hello Kate,

My advice is that I think you're stuffed. Sorry. I can't beleive you'd give someone £200 when they asked for only £100.

I think this might have to go down as a "live and learn" experience.

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hanna2012-04-06 18:28:22

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. Me laugh cause the bed had blood stains and the carpet had iron marks I could go on any way the thing is what do I do now

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Lizzy2012-05-16 12:00:57

I went to view a house around 4 week ago and it seemed pretty decent and the landlord says if you are interested its a 500 bond and then nxt week you can come sign tenancy amd so on... anyway like an idiot i gave him 500 with no tenancy agreement there and then and he gave me a key in return, then a few days later he told me i couldnt go to the house to sort out the tenancy and he would meet me in leeds train st again i was fine with this as he seemed a decent guy... here is where it goes bad.. my mum had cancer a few years back but everything went and she was given the all clear now its back again and we only found this out 2 week ago and nothing they can do, (i know this has nothing to do with the landlord) I rang him the day after we found out my mums news and told him to keep 150 out of the 500 as it not his fault he was fine about it and told me he would send my cheque the next day. since then i have tried to contact him several times and he text once about a wk ago saying he posted it and then just turns off his phone. 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. any advise would be appreciated. lizzy

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Jeremy2012-05-29 22:16:54

Lizzy,

I'm sorry to say this but you have two choices:
+ Forget it and put it down to learning lessons on life;
+ Conduct a time consuming, expensive and probably fruitless legal case against the landlord. All at a time when you probably want to spend as much time with your mum as you possibly can.

Some people aren't nice. This landlord soulds like one of these people. Don't let his nastiness eat you up.

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steve2012-08-06 19:25:53

Hi iv got a complicated problem we moved into an all inclusive rented property then the problem started when we asked for proof our council tax was being payed we received no evidence then my wife lost her job when we wanted to apply for housing benefit our landlord told us they didn't want our sort in there property and issued a months notice to quit. 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 . 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 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. 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. 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 . 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 . 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 . Then we discovered that our deposit was not in a bonded account and had no way of getting our deposit back other than withholding the equivalent in rent . Can you give me any advice other that shooting myself , that's if you still have the will to live after reading this ?

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comfort2012-11-18 18:53:35

Hello,
I am wondering if I could get advices and help in reference to my deposit being withheld by my letting agency morgan and sons. I saw a flat that i was ready to rent and few days before i move in my guarantor called to tell me that he would not fill the documents given him by the agency and that he did not want to be my guarantor anymore.

I paid 250pounds as deposit fee and on the form i signed it is said that "once rental acceptance is authorised the holding fee is non-refundable if my circumstances change, except where a tenant does not pass any referencing carried out. in these cases the holding fee will be returned to me less the cost of the crdit check,which is 20 per person.

I want to know if I can claim my deposit.
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 agency asked me if I could pay 3months rent up front when i told them i could not find another guarantor.

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.

A day befroe I was supposed to move in I called them and they told me that I could not move in if I do not produce documents for proof of my spouse's identity.I send them a copy of his passport.

I am finding it hard to believe that any court will find it equitable for the letting agency to withhold my holding fee on the grounds that the referencing passed.

How can the rental acceptance be authorised without a guarantor?
And if there is no rental acceptance,why should they withold my deposit?

please let me know what you think and what I shlould do.

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peter arnold cowell2013-03-26 02:30:17

my land lord passed away last novemeber 2012 and before he passed away he has handing the property to a letting agnecy he didnt pay our deposit into a bond and every time we got into augument i kept reminding him of the law

how ever at the end of November we was servved a section 21 and was told we had to be out by the middle of Febuary so we did what we was told

we are now having a problem only part of the deposit has been paid back to use dispite us not being in any contract with the letting agents how ever they have deducted cleaning of the property and also moving out fees from our deposit from septeber last year we was left with no hot water and the land lord was on the ferge of getting it sorted but he come ill and passed away we informed the letting agents and they never did any thing about it can any body help please

also as soon as they served the section 21 they started pestering use to show people round the property however the property is still empty today and my old naigbour says no ones been there to do any work

i have been told i can claim back rent for the hot water but what about the fees they took out of our deposit

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Jeremy2013-03-31 10:41:44

Hello peter arnold cowell,

The agent can deduct for the cost of cleaning if you left the place less clean then when you moved in. This is evidenced by the moving in inventory. 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.

I'm guessing the moving out fee is something the agents charge. I'm guessing a moving out fee would not be on the tenancy agreement. Therefore it is illegal to charge for this.

Also, the deposit has not been protected in a govt approved scheme. My suggestion is:

Go to a solicitor to draft up court papers pointing out the deposit was not protected and you want the full return of the deposit and consideration given to a fine payable to you. 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.

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Susan2013-05-16 22:20:04

My landlord wants to keep all 750.00 I am not happy about this the letting agent have hassled me into accepting this but if refused and I wrote to landlord. He told me not to contact him and deal with the A's gents. Im going t o small cc claims court coz I feel it's wrong to steal my money.

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Emily2013-08-10 18:11:58

We have had a similar problem, we paid a deposit of £600 and after what we thought was fully cleaning the house, even bleaching most of the bathroom, the agent has demanded £400 for a full clean, garden tidy (yard with a couple of small weeds), carpet cleaning and missing light-bulbs.

After a couple of emails and time going on, the agents do not seem to budge on their decision, contradicting themselves even by saying they manage the property for the landlord and use their contractors, and then talking about the landlord will not accept our suggestion for deduction.

What's worse is we had a final inspection with the landlord present, and all was fine, no mention of anything wrong apart from a couple of missing lightbulbs! (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

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.

So now we can only raise a dispute with the DPS, as there is no reasoning on an amount!

If we had known all this, why bother hoovering and cleaning!

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danny2013-10-02 13:18:37

hi i was wondering if anybody couid give me some advice
i move into my flat 11/07/09 and had my contrack renewed
up on to 11/07/12 my rent was 996.00 but my landlord says it was 733.00 he put my deposit in to a fund after my contrack expired for 733.00 but my deposit is 996.00 so when do i stand im still in the flat im on housing benefit and i am paying 360.00 pcm for a year now the landlord has sent me a letter from his solicitor say that i have two months to quit
a section 21 i just want my deposit back the full amount

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Jenny Stone2013-10-16 11:57:01

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. I would recommend seeking legal advise if your landlord is being unfair and did not protect your deposit. I should have had my deposit back within 10 days if my landlord had put it in a scheme, however it took months, the way some landlords treat their tenants is unacceptable, I know their can be some bad tenants but the amount of bad landlords in my experience outweighs it, some of them clearly abuse their power. Danny if your landlord put your deposit in a fund after it expired then he has failed to meet his legal requirement, I found the guy above very helpful, I would take advice I think you have a strong claim.

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joanne ellis2013-11-01 01:31:10

We moved into the property in nov 2009 and they said we didn't need a deposit! then 4 years later! 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! and 9 months later it falls on me! fracturing my ribs! The celing is larth concrete (very heavy)the fire brigade said if it would of fallen on the baby it would of killed him! i had 2 fire engines, 3 ambulances and 2 ambulance cars and it took over 6 weeks to heal. They then fix it 3 days later! so we did up the house painted it nicely we fixed the kitchen up to best we could coz it's rotted put wooden flooring down when we first moved into the house it was weedy and messey over grown time we finished it was like new again nice and tidy scrubbed the carpets up when we moved in we had to clean it. Turf down and gravle. We did the rest of the work that they wouldn't come out and do and fixed it up so we used our own money to fix it up.It took us years to get it up together how we wanted it. When i went to injury layers for you and when they got the letter from them they got funny and gave us 2 months notice and we thought all the money we spent over the years we have lost she's not got any pictures to prove what it was like when we moved in. 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. 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. 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! When we have been in the property nearly 5 years what #BS so if we left it as we found it she would not of given us the deposit back. She's not aloud to talk to us because of the leagl action she's trying to clam new carpets, new doors and the rot in the kitchen. Also we got pictures of how we left it and now she's got ppl in to replace the doors the kitchen the sides so she got no evedance of the house so they are spending money that don't need it in the 6 months she said we have been there so now shes not given us our deposit, She also give us a bad feedback so we lost out on a house so we are homeless with all the kids so the kids are missing out on there education at school. So now we want to get compensation for that as well for the stress they have coursed. 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! then the lies 1 broke his wrist so they can't do it for a while and we clamed for our stuff through the house insurance when it should of been them that sorted that out. about time we get what we deserve.

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Richard2014-01-21 20:22:15

I went to view a flat from a private landlord and was happy with it, so I paid a months rent as a deposit.

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.

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.

Now the landlord is saying that he will give me my deposit back but he needs to be covered for loss of earnings because he had 3 other potential tenants viewing the property that day.

No contract was signed and no paperwork was filled out.

Is he allowe to ask for this "loss of earnings"?

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kovani2014-01-28 12:34:12

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jude2014-02-11 18:07:55

Hi I am currently in dispute with my previous landlord. I have an outstanding bill of 906.88 this is due to me leaving without giving two months notice. I moved in to property in 2009 there was a fault on the boiler and had been complaining for 6 months the boiler went on fire boiler was replaced with the same fault happening. Property had dampness in loft leadin downkitchen wall to electrical sockets. The walls were all water marked. The bathroom was tiled tiles comin off wall due to bath moving when in it bathroom was also loaded with dampnes and sink unsecure. I gained health issues anxiety and depression due to the continual complaints with no response. 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. The company are keeping my deposit because there was said to be damages when left property. They wouldnt let me know if used deposit scheme also was in property 3 years and boiler never serviced every year there was smoke alarms and carbon monoxide tho dnt knw if they worked. I have been to citizens advice who havent really been a great help and I am now in the same issue over my health. I left property because I thought the property was not fit to bring my son up in. Also had to supply on bannister due to stairs bein so narrow. 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. Someone please give me advice as citizens advice havent really helped. Thanks so much

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Shadab2014-03-07 15:28:13

@Jude
I think you should contact Deposit advisory service (http://depositadvisoryservice.com/. They work on no win no fee basis and can help you get your deposit back, challenge unreasonable deductions, and claim additional award in case your deposit was not protected. They do all the work for you.

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Laura2014-03-26 23:02:17

can a landlord charge you for the time it takes you to prepare your response to his list of costs? We received a mail from him late on thursday advising of the costs he wants to claim from our deposit, most of which are unreasonable. in that email he stated he would be charging us for everyday that it isnt resolved. then a day later he emailed again advising that he would be seeking legal advice for the delay. the thing is we needed a day to look into his accusations, compare inventory reports, and prepare a full and reasoned response. I feel like he is trying to make us hurry up so that we dont get a chance to think it through. Can he charge us for the time we are taking to reply to him? it has been a matter of days. It is distressing enough that it has got this far considering we were very considerate tenants, always paid on time, and kept him abreast of all situations. Very stressful and not made easier by the threats. 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.

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gary2014-04-08 15:06:50

Hi
My daughter moved out of her studio flat on the 29th March she gave the landlord 6 weeks notice and left the flat clean (my wife cleaned it so I know that !) The landlord will not return calls, text or emails to meet to give the keys back and get the bond which I paid.

She never missed a payment

What do I need to do ?

Thanks

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