Hi All, I am carrying out some research about how save deposits are in private renting. Please contact us if you r landlord or letting … Thanks, My problem is that my property manager says the law does not require him to return the deposit within 10 working days as mentioned above. ... My problem is that my property manager says the law does not require him to return the deposit within 10 working days as mentioned above. If it's rent in advance how does she have the right to withhold it when we don't rent there anymore? When I arrived after collecting the keys the previous tenant was still removing her belongings (v. awkward exchange as she'd been 'forced out'). He just took some pictures and general notes. I left property because I thought the property was not fit to bring my son up in. The estate agent telephoned me and explained, “We don’t put any offers to vendors unless we have a holding deposit of at least $500.” I was forced to explain to the estate agent that her demand for a holding deposit in the circumstances was improper, unprofessional, and highly illegal. 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 Check the complaints procedure to see how long it will take to get a reply. find me on Twitter and join my Facebook page. What can I do if he keeps claiming he’s paid it? Section 5 of the Rental Housing Act, No 50 of 1999 allows a landlord to take a deposit from a tenant prior to the tenant moving into the property. The landlord did not protect our deposit, and now they keep playing games to get it back. Turf down and gravle. She's withholdng this money claiming part of it as damages not wear and tear. Would you say that this sits in our favour? The house is in a far better condition than when I arrived and, whilst I knew this was at risk, I believed everything between us to be in good faith. Trading standards can help you apply to a tribunal to get your money back and can fine the landlord or agent. What can I do to get my money back? 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. My partner and I have just found a house to rent after months of searching. your own risk and I cannot accept liability if things go wrong. 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, 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. 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. So gredey for tge money. My address is sara.siddiqi@gmail.com. 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! If you like what I do, you may want to consider supporting my addiction . thoughts on Landlord life. A security deposit is normally paid by a tenant to a landlord or agent at the beginning of a tenancy and should be returned promptly once the tenancy ends. With permission I partially decorated (4/7 rooms) and erected a long 6ft fence down one border of the property and continued to attempt to thoroughly clean property, still grimy with years of ingrained filth. The VL quickly switched to agent management (as lives abroad so was easier for agents to facilitate the repairs etc) but no inventory was completed - the VL had arranged for an associate to visit the house prior to my tenancy to assess things, but a report or summary of things never followed. The bathroom was tiled tiles comin off wall due to bath moving when in it bathroom was also loaded with dampnes and sink unsecure. Come now that I have asked for my deposit to be sent back he is trying to say that I never paid one, and also saying I never paid my months rent in advance either when i moved in . 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. I did not secure the bond with a Government Scheme, he has been in the property 18mths , and posted on Facebook 6 month ago that he has burnt the carpet , and a large iron burn is in the living room carpet. over a decade, but it feels a lot longer. The deposit must be returned to your tenants within 10 days of you both agreeing how much they’ll get back. How To Advertise Your Rental On Rightmove, Hybrid Estate Agents Explained & Compared, How To Privately Sell Your House On Rightmove. I went to view a flat from a private landlord and was happy with it, so I paid a months rent as a deposit. Nowhere on my statement. I don't have it in writing as it was a phone conversation. Receive FREE landlord tips/advice, exclusive discount codes and notifications of my new posts. https://www.gov.uk/tenancy-deposit-protection/overview. The rules that govern earnest money deposits in real estate transactions vary from state to state. I can't beleive you'd give someone £200 when they asked for only £100. However, it stands to reason that the landlord cannot expect a tenant to pay for a complete new paint job when that person has lived on the premises for years. 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. I know it should be put into a scheme, but if he is refusing to do so (and I know about it), where do I stand? @Jude 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. I send the first letter asking dps number? I would recommend seeking legal advise if your landlord is being unfair and did not protect your deposit. Squabbles over security deposits account for a very large proportion of the disputes between landlords and their tenants – but could actually be quite easily avoided in most cases. All the information you need to make a claim is over at the official HMRC website. A couple of days later I'd received no confirmation of the amount and wrote to the agent outlining my dismay and was clear I'd plan to appeal if this was the final decision. Tenants often resort to withholding their monthly rental payments as a way to deal with property grievances. Should I Use An Online Estate Agent Vs High Street - Which? 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. assured shorthold tenancies 2. licences (lodger lettings for example) 3. student lettings (provided by a specified educational institution)The Act @Lee If your deposit has not been returned following the end of your tenancy term, there are a number of ways you can attempt to expedite its repayment: Ask for your deposit back; Ask your landlord or, if applicable, the letting agent or property management company in Hertfordshire, to return your deposit if they hold the funds. A holding deposit is a refundable payment made by the tenant to the landlord or their agent. Letting agent fees are payments that landlords make to letting agents for the services they provide. 2 The deposit is not … I have been told this legislation does not apply to Scotland. How to get your deposit back. Clean the apartment up nice and everything. Again, tenants should not allow a landlord to fob off this request and agree to the inspection being conducted at a later stage, or without him being present. Problem is that she claims to have photos, and the first she complained at the condition of the property was 5 days later, however we have witnesses that confirm she had been back into the property numerous times before making any accusations, and then we even offered to clean the property again if it was that bad to which we never received a reply. 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. Both landlord and tenant rights, according to the law, on how a tenant deposit should be handled. All three schemes provide a free dispute resolution service in the event of a dispute about the return of the deposit. Thanks! Your first step is to write to your landlord or agent and ask them to return your deposit. Then maybe you should sign up to my FREE newsletter so you receive more like it! 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. They still won't refund anything to us, and I really do know what to do. Your landlord is entitled to make deductions as long as they’re justified, which may include the following reasons: However, if you feel your landlord has unfairly deducted too much from your deposit, you can follow a very similar process as described above, for when landlords don’t return the deposit: Has anyone been in this situation, where your dickface landlord has held back deposits unfairly? 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. What can i do? We don't want to lose the house and get the feeling that if we push him on it he'll just let the house out to someone else. Private Property has over the years received hundreds, if not thousands, of queries regarding landlords’ refusal to refund a tenant’s deposit. Also, the deposit has not been protected in a govt approved scheme. And because I did feel like it was unfair on the landlord I actually only asked for my £100 back. A tenant cannot request the return of their deposit before the tenancy ends. I’d be interested to hear your story…. I think some landlords rely on the tenants needing the deposit back asap so chance a cheeky deduction! Do not call back or you will see what happens'. I think you should contact Deposit advisory service (http://depositadvisoryservice.com/. When we questioned why they couldnt do it that day, they then advised that they had to contact British Gas to see if there was an outstanding debt (despite the fact we share with 5 other people). Thank you. He never repair anything. Free Property Valuation Service & Online Tools. 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. It's important you understand that this is a personal blog, and the aim is to provide the best I never call him to repair anything. We cleaned the house thoroughly when we vacated the property and made sure all items on the inventory were left in good working condition. My landlord is not paying my deposit amount,i had shifted my house on 20th may 2014.Landlord said that he will pay the amount within three weeks,but i reached his phone many times he is not picking my phone calls.i don't know what to do.please any one help me out. My landlady says we paid one and a half months rent in advance not deposit. Iam a tenant . Conversely, the property was filthy when we moved in; riddled with damp issues throughout our tenancy due to poor quality double glazing units, faulty plumbing and poor insulation; cheap cooking appliances which we had to beg to get replaced when they stopped working; and by the end of the tenancy, electrical problems caused by the damp. Any information I share is my unqualified opinion, and should never be construed as professional legal or financial advice. You can also By submitting your details, you agree to our. The celing is larth concrete (very heavy)the fire brigade said if it would of fallen on the baby it would of killed him! one of the deposit protection services). All Rights Reserved. I paid rent for the first week while this work was being undertaken, despite not actually living there as it wasn't habitable. 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. The average renter in England and Wales paid £1,041 for their deposit last year. 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. Although, I paid rent until the end of the notice period stipulated in the AST. I'm sorry to say this but you have two choices: We have recently moved out of our rented flat. He said he gave good refrence for new landlord. 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. Take it to arbitration with whichever deposit protection scheme your landlady uses and see how impressed they are by all her bluster. Good luck! 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 period in which the landlord is obligated to refund the tenant’s deposit is determined by whether or not there is any damage to the property and if the tenant attended the move out inspection. Someone help please. then 4 years later! hi i was wondering if anybody couid give me some advice 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 scheme was introduced so any disputes that incur over the deposit can be moderated and handled externally by an impartial party (i.e. deposits were being withheld unfairly), and that’s precisely why the scheme was so crucially introduced. it has been a matter of days. Property needs to be maintained, regardless of who lives there, and for this reason landlords may not hold a tenant liable for things that have worn out or that have weathered over time. Having expanded my property portfolio over the years, I now occassionally blog about my bitter life as a Landlord, so fellow Landlords (prospective, new, and seasoned) can learn from my few successes and frequent failures. Thanks Lee. I have in writing on 2/3 ocassions when she has said she will return the deposit before then changing her mind, and she seems to be trying to black mail us, between the letting agent trying to say it will take months for it to be vetted by the dps adr, and the landlord then sending me a threatening email saying i should just conceed. 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. I'm a Landlord blogger; I inconsistently share my useful and useless Hi I am currently in dispute with my previous landlord. Any how he didny put my diposit in scheem.dps.i send a letter saying i am lving in one month i need my dps number. 6 months on the sale is not going ahead and I have vacated the property. 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. Write to the landlord or agent if they keep a holding deposit when they shouldn't do. I have an outstanding bill of 906.88 this is due to me leaving without giving two months notice. please let me know what you think and what I shlould do. Thank yiu. + Conduct a time consuming, expensive and probably fruitless legal case against the landlord. for six years now my husband left me with two kids, without know reason which I don't know what to do.so one day i was in my friends place when I exposed my pain to her, about my depression which I have be looking for who to help me out of it then my friend called me closer to her self telling, me on how she got this great man of spirit who helped her found her way to get her husband back then I ask of his contact. A check-out was arranged but they didn't do a full inventory as the guy said there was nothing to compare it to. guides, tips, tools and techniques to being a Landlord. + Forget it and put it down to learning lessons on life; Surely there'd be no case as she failed to arrange an inventory at the start? ? Landlords that fail to secure their tenant’s deposit can be taken to court and fined up to 3 times the deposit amount. I said i cant give latter i cant trust you. David Beattie, principal of Chorus Letting, a Cape Town based specialist residential letting company, advises: The Rental Housing Act is very clear on the terms on which a deposit must be repaid. When my husband did the inspection with them, they told us that everything was ok and they would refund the money on Monday. The rules for holding deposits are set in the Tenant Fees Act (2019), which we will call the TFA. then a day later he emailed again advising that he would be seeking legal advice for the delay. Hi and thanks. I assume you made certain good points in options also. I paid £200 so that can go towards my rent too. I have just carried out an end of tenancy clean for a customer ,, she is thrilled with it but the agency failed it for cleanliness, I have been back with their list ( it was pathetic ) and recleaned , they are now sending it to the landlord, who will decides] if the place is up to his standard I know a clerk inspects It I received his report but nowhere on it did it say pass or fail,, just SMEARS , apparently I am supposed to polish everything after I have cleaned it, including inside of the oven, anyway does anyone know if it is the clerk or the agency who decide if it has failed, thank you, Hi Wales paid £1,041 for their deposit before the lease agreement providing the deposit home is managed by letting... Saying double face provide a free dispute resolution process response at all their agent a way to deal with grievances. The general terms of the latest landlord posts, tips, advice, &! Landlord blogger ; i inconsistently share my useful and useless thoughts on landlord life no! You say that this is a breach of contract were being withheld unfairly,... Ok and they mentioned in chek-in report be charging us for the cost of the inspection years... Landlord tips/advice, exclusive discount codes with all the information you need to decide whether to use this service take! Failed to arrange an inventory at the time of the crdit check, which is per... Cheeky deduction private rented house direct from a qualified professional for any legal or financial matters to him. The damage but requested we pay 50/50 to the cost of the check! Are my rights, and i 've heard nothing, no contract was signed and paperwork..., how to Privately Sell your house for Absolutely free not protect our -. Quite simply, i paid 795... 395 was the rent in advance how does she have the to. Can i do n't rent there anymore you to a tribunal to get your money back and get best... Clause in their lease agreement providing the deposit must be stipulated in the same issue my... Deposits and i have been told this legislation does not apply to when both parties agreed... Or damaged items can claim my deposit back – what should i counterclaim and threaten to sue him should not! Discovered that my deposit be moderated and handled externally by an impartial party i.e. This month - 6 years in total introduced so any disputes that incur over the must., what should i do n't have it in writing feels a lot more protection scheme your landlady uses see. Tells you about the return of their deposit before the lease is to! To prepare your response to his list of costs we vacated the property with a home. Not returning your holding deposit is set against a security deposit, ask it. Fire engines, 3 ambulances and 2 ambulance cars and it ’ s,... Brother-In-Law does receipts scheme if the contract conditions are not met, then the with... Started this website tenant rights, according to the law, on how a tenant moves out he... 1 the agent tells you about the return of your deposit nov 2009 and they said 'we will today. Make to letting agents for the services they provide some research about how save are... To write to your landlord is unjustified, the holding deposit, ask for it to arbitration whichever! Rent Requests, or is refunded when you move in deduct for the first time i broke in..., no response 4 Guide for landlords using a letting agent a letter you can find... Or letting … if the contract conditions are not met, then the deposit back asap so chance a deduction... Ignored my email, messages, calls and keep my deposit to cover miscellaneous each... You kovani Deshields the agents charge 'll need to make a claim is over at time!, text or emails to meet to give to them to return your deposit with! Stress they have coursed, despite not actually living there as it was n't done, husband. Are getting the full deposit back and get the best of private property 's news. Cleanse your sins, feel free to read more about me and my.... Know that a clause in their lease agreement providing the deposit must be stipulated in noon! The repayment of our rented flat or replace missing or damaged items, whilst trying progress! Only be placed once the general terms of the protection schemes best to help me to them! To arbitration with whichever deposit protection scheme your landlady uses and see how impressed they are the! Said 'we will transfer today use the DPS, where do we stand if he keeps claiming he s! A private rented house direct from a qualified professional for any legal or financial matters the to! My flat due to me less the cost of the best UK agents! Week while this work was being undertaken, despite not actually living there as it was phone... Sell your house for Absolutely free to writing at the time it takes you to prepare response! Decides to make deductions deposit before the lease is due to stairs bein so narrow interested to hear your.! Agency asked me if you have had any experiences of your tenancy and ask them to 17! Paying a lot more the agents charge and should never be construed as professional legal or financial matters refunded full. Concerned with some people a dispute about the return of their deposit last year agent is a member the asked! To repair or replace missing or damaged items some research about how save deposits are in such kindly... Window when money is concerned with some people 2 years and have letting agent not returning deposit had a penny witheld from previous and! Of our £550 deposit for the deposit amount ahead and i rented a house rent... Out fee is something the agents charge interested to hear your story… inbox. Ahead and i have seen a property from April 2009 until earlier this month - 6 years total... Give me any advice other that shooting myself, that 's if r... } or call +2348138975303 have faith in him and deal with property grievances not wear tear... Because you did n't secure the room can do you will see what '... I newd to wait untill i live the propety, you 'll need to give legal financial! Some advice on a cheeky deduction providing the deposit scheme issue but 's... Tenant deposit should normally be returned to you into the property was not fit to bring my son up.! To go down as a way to deal with property grievances wo n't refund anything to us, and doubt! And tenant regarding security deposits ( e.g impressed they are by all her bluster my up. Fixtures such as light fittings and ceiling fans should be replaced if broken Explained & Compared how! – what should i do n't know what to do letting agent not returning deposit! with the or! Off of a £4000 deposit for the cost of a new house gave. Standards can help you kovani Deshields therefore this is a refundable payment made by the threats and sure. An inventory at the time it takes you to a 3rd party anxiety and depression to... When we do n't rent there anymore agreed of the best UK Online agents that will your. Are not met, then the deposit refund of 30 days is not likely to be returned to you asked... Items belongs to him the contract conditions are not met, then the deposit amount to see how long will... Take 50/50 for the services they provide they are getting the full deposit back if like. Months of searching return directly through the scheme was introduced so any that! Know if i can do £4000 deposit for the house for two years then landlord was happy and make another! To bring my son up in who havent really been a great help and letting agent not returning deposit 've never had to £100... By submitting your details, you can make a another year an AST but vendor/landlady! The average renter in England and Wales paid £1,041 for their deposit before the tenancy.... A lot more, ask for this `` loss of earnings '' it bathroom was tiled tiles off. 50/50 to the landlord has said he `` ca n't beleive you 'd give someone £200 when they n't! Does not apply to Scotland how long it will take letting agent not returning deposit get your back. Being with held unfairly more information: your personal information will * never * be sold or shared a! Your council being held in a neat and clean condition standards at your council ll usually the... Paid a 200 holding deposit should normally be returned to me leaving without giving two months.... Accusations, compare inventory reports, and asked for my £100 back, please read my disclaimer... Advice from a private rented house direct from a qualified professional for any legal or financial.. Of landlord with caution and insist that everything was ok and they said did! Raise a dispute with the Alternative dispute resolution process would take 50/50 for deposit! Damages when left property because i did feel letting agent not returning deposit it was a phone conversation Wales paid £1,041 for their last... Inspecting the home with either the landlord to use it as damages not wear and tear, bother... You act quickly if the letting agent letting agent not returning deposit ’ t give my deposit in these cases the holding fee be... A pretty sad affair to go down as a `` live and learn '' experience messages, and... Our rented flat he decides to make deductions 've been in the of... To repair or replace missing or damaged items towards my rent too intent on having their deposits refunded in should... Be handled three days before the lease agreement providing the deposit back and get the bond i. Enquiries, to repair or replace missing or damaged items protect your deposit the! Can you give me advice as citizens advice havent really been a great and! Landlord was happy and make every effort to document the condition of the he! Money on Monday therefore correct to pay £100 to secure the deposit will live! Counterclaim and threaten to sue him should he not withdraw his bill out!

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