Rental Deposit Dispute - from a tenant

[brenawilson]

Here is my quandry:

 

I have my deposit held by DPS.

 

I ended my tenancy and was asked to give up almost half my deposit (£790 - £382)

 

As the house had dated decor and old fixtures (noted in the inventory) I argued the fact that I had left the property in as best condition as possible. In fact, I spent a great deal of my time cleaning a house that was falling to bits. I made a counter offer via the DPS site, which was rejected.

 

In the meantime the house was sold without any of the work (noted in an email from my letting agent) pertaining to the withheld portion of the deposit being done.

 

I know this because:

- I moved two doors down so I have a very good idea about who comes and goes

- I can see the house from the outside to the front and rear and

- The photos of the house put on the selling agent's website did not include any new work, besides a very dodgy wallpapering over of a severely damp-affected wall.

 

Thinking that the sale of the house may change the situation, I waited 3 weeks for my landlord to return from holidays to hear what her new instructions would be.

 

Today, I received an email from the letting agency that reads as follows:

 

I have been in discussions with your landlord with regards to a deduction and they have advised they will accept a £250 deduction to now get the matter settled. If this cannot be agreed and the matter is referred to the DPS for adjudication they will be making a claim for the full amount and not that of £250.

 

So...the landlord has sold the property without getting any of the work done and made an arbitrary claim for £250 with the implied threat that I should take it or suffer the consequences. What to do?

 

Thoughts?

[sir_gilmour]

Hi brenawilson

Welcome to The Consumer Action Group.

 

 

I am just letting you know that as you haven't had any replies to your post yet, it might be better if you post your message again in an appropriate sub-forum. You will get lots of help there.

 

Also take some time to read around the forum and get used to the layout. It is a big forum and takes a lot of getting used to.

 

 

Once you start to find your way, you will soon realise that it is fairly easy to get round and to get the help you need.

 

It can be bit confusing at first.

[maroondevo52]

Hello and Welcome, brenawilson.

 

I've moved your thread to the appropriate Forum.

 

Regards.

 

Scott.

[MrShed]

The landlord can only deduct for the actual financial cost of damages.

 

In this case, there has been no DIRECT financial cost, as the damage remedial work was not performed.

 

Generally speaking, I would say there is no basis for deductions due to this.

 

However, their counter may be the reduction in the value of the property due to the damages. I have never seen such a claim, and as such I wouldnt like to say if it would be valid or invalid. However, I think they would have a hard job quantifying the reduction.

 

My personal advice would be to pursue the full amount, on the basis that there is no proof of cost incurred.

[brenawilson]

Thank you for taking the time to answer me. I think that they know I am very much in need of getting the money back as soon as possible and therein lies the problem.

[mariner51]

If deposit is in DPS scheme, was their free alternative dispute resolution sheme invoked by you or LL?

Who rejected your offer?

If claim goes to ADR, the undisputed amount should be returned to you asap. The disputed sum will be retained in the scheme, pending a decision.

The LL would have to provide evidence of damage claimed. Normally compare pre & post tenancy inspections/inventories hopefully with photos.

Wear & tear assessment would depend on condition at start and length of Tenancy.

I assume LL is claiming the full deposit?