Ending a tenancy and reclaiming bond

[mk1nova_rich]

Hello all, not been on much recently due to a hectic couple of months

Bought my first house so have been moved in a couple of weeks now. The house doesn't really need anything doing other than a couple of tidying up jobs. Mid terrace but with a driveway big enough for at least two cars and a decent back garden so I'm chuffed with it for the price I paid relative to other properties I viewed in the same price bracket.

The biggest bonus of buying a house is no longer having to pay someone else's mortgage by renting BUT I'm having a slight problem in getting my £800 bond back.

The landlord/letting agency are claiming the house isn't in exactly the same condition as when I moved in. The house had been freshly decorated and had new kitchen and bathroom but this was nearly 3 years ago! I have cleaned the house from top to bottom to what I consider a reasonable standard as well as making sure the garden was sorted out too. There is an issue with damp/mould which has been reported on numerous occasions but never rectified

Anybody had any problems in having a bond returned before? Do the letting agency or landlord just try their luck at taking your money? Anywhere to go to dispute it?

I don't need the money desperately but told them I will be getting it all back so its going to be very interesting

[Andy]

Aslong as nothing is damaged then there is no reasonable grounds to keep any of it.
Lamdlords are fucking scum a lot of them.

[EwanG]

So what's the reason for not getting your deposit back?

[Royston]

Aslong as nothing is damaged then there is no reasonable grounds to keep any of it.
Lamdlords are fucking scum a lot of them.

They should give details if there are any issues, normal wear and tear doesn't count, any damp is the landlords responsibility.

The bond iirc is suppose to be held by the agent, not the landlord

Been a while since I rented.

Get them to provide details........

[Andy]

The bond is held by the government these days and you get interest back now.

[Jonesfach]

The bond is held by the government these days and you get interest back now.

The bond should have been put in the gov scheme by the agent. I take it you gave the bond money to the agent not straight to the landlord?

As has been pointed out by Royston the landlord must expect to take a hit, at some point due to wear and tear, it goes with the territory. I know because I rent 2 places and you have to give and take. Ie cut the grass, replace the odd carpet because it's tired etc. If someone's been in a property 5 years you have had plenty of rent so you have to expect a bit of work once that person has moved out. If there is damages or broken things that aren't obviously an accident then these things need paying for.

A good agent would have taken photos prior to you moving in and thus compare them with photos taken when you have left. If they haven't that's there problem and points to a shit agent!

You need to ask the agent just exactly why are they withholding your bond money? Not just because it's not exactly how it was when you moved in, because that is bollox.

There are good agents, tenants and landlords aswell as bad ones, but it does sound suspect, with what they are saying.

[Botedly]

I work for a letting agent in Stafford. From my experience, you'll need to clarify the following:

- Make doubly sure the damp has been diagnosed as damp and not caused by condensation. Tenants are liable for damage caused by condensation as it's up to the tenant to well ventilate the property.
- As for the general state of the decorating, carpets, units and any appliances supplied by the landlord, fair wear and tear is acceptable. In cases where, for example, your missus has dropped her straighteners onto a carpet and burnt it slightly, the lanlord is due a small amount of compensation for this as it could have been avoided. This is usually a small amount, we charge tenants £30.00 for a something like this.
- The letting agent should inspect your cleaning efforts. They have the right to ensure the property is a s clean as it was when you moved in. They should tell you to go back and make more of an effort if it is not to the same standard, giving you a chance to sort it out before check-out. If it is still not up to standard, a cleaner will be hired to make it up to the standard it was when you moved in.

Basically, as long as you haven't damaged anything in the property, cleaned up to the same standard it was in when you moved in, and the mould is definitely mould, you should have your deposit back.

Your deposit should be held with The DPS (Deposit Protection Scheme) or a governed body similar to them. If it is not, you need to go to Citizens Advice and see who you can report the landlord and agent to.

If it has been registered properly, you should be contacted by DPS etc to ask if you accept the terms of the deposit being kept, thats when you say "no sir!" and then it goes to dispute which can lead to court hearings, most agents would back down at this point if they're just trying their luck.

Hope this helps.

Feel free to ask any questions and i'll try and answer them.

[Botedly]

If your landlord doesn't protect your deposit

Contact a tenancy deposit scheme (TDP) if you’re not sure whether your deposit has been protected.
Deposit Protection Service (Custodial and Insured)
Telephone: 0330 303 0030

MyDeposits
Telephone: 0844 980 0290

Tenancy Deposit Scheme (Custodial and Insured)
deposits@tds.gb.com
Telephone: 0845 226 7837 Find out about call charges.

Contact MyDeposits if your deposit was held by Capita.

Getting your deposit back

You can apply to your local county court if you think your landlord hasn’t used a TDP scheme when they should have.
Get legal advice before applying to court.

If the court finds your landlord hasn’t protected your deposit, it can order the person holding the deposit to either:

• repay it to you
• pay it into a custodial TDP scheme’s bank account within 14 days

The court may also order the landlord to pay you up to 3 times the deposit within 14 days of making the order.
At the end of the tenancy

The court may decide that you won’t have to leave the property when the tenancy ends if your landlord hasn’t used a TDP scheme when they should have.

[mk1nova_rich]

Yes the deposit is held by the DPS but the landlord can claim for damages etc before it is released.

My problem is that the landlord has had £18,500 in rent off me and is trying to get even more even though they haven't spent a penny on maintaining it. Even with the best will in the world its impossible to expect a house to be in absolutely immaculate condition after 3 years. Trying to get me to pay for someone to come in and bring it back to immaculate condition

[Andy]

What are they saying is wrong?