Tenancy deposit protection scheme
Discussion
Afternoon,
My partner & recently moved from a rented property, and have been told that a deduction will be made from our deposit for supposed damages to a carpet, which I contest as wear & tear.
I intend to seek resolution from the tenancy deposit scheme, however the landlord never served us with the information about our deposit (which I believe is meant to happen within the first 30 days of our tenancy).
I should also note we were not supplied with a contract despite requests, and during the tenancy we experienced several defects with the property (water ingress, dangerous electrics, fire escape hazard).
Legally, does the lack of TDP information or contract, and other defects with the property strengthen my stance?
My partner & recently moved from a rented property, and have been told that a deduction will be made from our deposit for supposed damages to a carpet, which I contest as wear & tear.
I intend to seek resolution from the tenancy deposit scheme, however the landlord never served us with the information about our deposit (which I believe is meant to happen within the first 30 days of our tenancy).
I should also note we were not supplied with a contract despite requests, and during the tenancy we experienced several defects with the property (water ingress, dangerous electrics, fire escape hazard).
Legally, does the lack of TDP information or contract, and other defects with the property strengthen my stance?
30 day rule - https://www.gov.uk/tenancy-deposit-protection/info...
This is from the other side of the fence - http://www.propertyinvestmentproject.co.uk/blog/i-...
It is a clear failure to comply with a statutory obligation which will not go in his/her favour.
Btw did you deal direct with the landlord or an agent? Either way it makes no difference, the LL is ultimately responsible. Don't pussyfoot around or rely on telephone conversations. Put everything in writing (including proof of posting if using snail mail) in case you need an audit trail later.
This is from the other side of the fence - http://www.propertyinvestmentproject.co.uk/blog/i-...
It is a clear failure to comply with a statutory obligation which will not go in his/her favour.
Btw did you deal direct with the landlord or an agent? Either way it makes no difference, the LL is ultimately responsible. Don't pussyfoot around or rely on telephone conversations. Put everything in writing (including proof of posting if using snail mail) in case you need an audit trail later.
If the tenancy is an assured shorthold tenancy that began after April 2007, then if the landlord has not given you proof that your deposit has been protected with one of the three government approved schemes then you can apply to the court to get your deposit back. The court can make an order for punitive damages of up to three times the deposit.
I've found some generic legal letters pertaining to the subject so I'll see what the landlord comes back with from my most recent e-mail.
I listed the defects with the property which were not addressed, to make a point that the property in general was not in a brilliant state of repair and thus not inconsistent with the wear and tear to the carpet.
I also made mention of the fact that I had not received a copy of the contract, nor of the TDP information.
I'm normally not one to chase these things, but the place had several issues that were dangerous & not resolved, and they have the gall to try and claim from my deposit for some wear & tear on a badly fitted carpet!
I listed the defects with the property which were not addressed, to make a point that the property in general was not in a brilliant state of repair and thus not inconsistent with the wear and tear to the carpet.
I also made mention of the fact that I had not received a copy of the contract, nor of the TDP information.
I'm normally not one to chase these things, but the place had several issues that were dangerous & not resolved, and they have the gall to try and claim from my deposit for some wear & tear on a badly fitted carpet!
Landlord has dropped one here, sounds like
1) No deposit protection
2) No ingoing inventory (needs to be agreed and signed by you)
This happens alot with amateur landlords, essentially you can get up to 3 x the deposit, however it will take time and not a small amount of hassle, as there is no deposit registered there is no money held, they cannot just send it to you; you may get awarded something, then you have to go the ccj route.
If he is a man with a mortgage the threat of a ccj could do it. If it were me I would write a conciliatory letter, showing him the error of his ways and the inevitable outcome and just call it a draw if he offers you your full deposit.
1) No deposit protection
2) No ingoing inventory (needs to be agreed and signed by you)
This happens alot with amateur landlords, essentially you can get up to 3 x the deposit, however it will take time and not a small amount of hassle, as there is no deposit registered there is no money held, they cannot just send it to you; you may get awarded something, then you have to go the ccj route.
If he is a man with a mortgage the threat of a ccj could do it. If it were me I would write a conciliatory letter, showing him the error of his ways and the inevitable outcome and just call it a draw if he offers you your full deposit.
jamesh764 said:
If the tenancy is an assured shorthold tenancy that began after April 2007, then if the landlord has not given you proof that your deposit has been protected with one of the three government approved schemes then you can apply to the court to get your deposit back. The court can make an order for punitive damages of up to three times the deposit.
I had the same issue with a landlord, tried to deduct nearly all of the deposit for supposed damage, cleaning etc. I then discovered he hadn't lodged it with the TDS. Gave him the option for a full refund or he could take his chances and have to pay maybe 3x more.
He stumped up without delay
Thing is, this is a letting agent, and so they should know the rules. At the time we leased it, the girl working there was a bit 'dizzy' - we never got a contract either (she took both copies away with her by mistake). We also struggled to set up utilities accounts because they had given us the wrong flat number, and it took a few e-mails to convince them that they were wrong!
Seems we have now entered into in a tit-for-tat letter exchange. I informed them of their failure to provide me with the prescribed information and they wrote back to me saying "yes we did" (I'm paraphrasing). They also included with their letter a copy of the prescribed information, UNSIGNED by me. I would have thought if they did have a signed copy it would have been the first thing they sent me to shoot me down.
So, next step?
So, next step?
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