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Deposit

BillieTheBotBillieTheBot Posts: 8,721 Bot
in Home, Law & Money
Ok, so the end of my tenancy at my current rental property is on the horizon, and am a bit unsure about what the situation with the deposit is. The house has had no damage, in fact we have improved it (with permission) by decorating, things like that. Our letting agency, I have discovered during the duration of our tenancy, are totally crap. They take weeks to do anything, I mean when we moved in someone else still had the keys and it took 3 weeks to change the locks - in the end its because I called the locksmith. It took them 6 weeks to fix our broken boiler. Anyway, you get the picture.

So we gave them £1125 before we moved in as our damages deposit (month and a halfs rent). What the best way of ensuring we get it back? One of the girls at work had to take them to court to get hers back, I don't want it to get that far as in all honesty I need the money as I have rent to pay on the new house, and need the money asap really. I'm tempted to withold the last 6 weeks of our rent, even though it isn't the right thing to do, just to make sure we get it back.

So, any advice on what to do? Previous experiences?

Thanks in advance.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    I would strongly advise against witholding rent. Deposits cannot really be used to repay rent arrears, so you could theoretically end up losing your deposit and being held liable for the arrears.

    Before returning the keys to the landlord or their agent get them to come around and agree with you that everything is satisfactory. Prepare a letter for them to sign if everything is fine, and ensure that if they say something isn't right you take steps to rectify it. Take photos of everything.

    Agree with them a timeframe for the return of a deposit, and get this in writing. Usually one calendar month is a reasonable period of time to return deposits.

    Get everything in writing, chase everything in writing, and keep as much proof as you can.

    We got stitched up by both our previous landlords, but we didn't follow the golden rules as well as we should have done though. First time the hassle wasn't worth the £50 they were witholding, and second time around we did do a little bit of damage and didn't photograph everything properly.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    I guess this isn't the most ethical suggestion, but if you're worried they wont give your deposit back, you may just want to not pay for your last 6 weeks there, and that way you are all square.

    The reason I suggest this is, our landlord was terrible and we had good reason to believe he might try to refuse to give our deposit back - the estate agent who we got the house through advised us to just not pay our last month's rent. Technically no-one has lost out, but this way you wont be cheated out of any money.

    We were told it also costs the landlord too much to try and get rent money from you through the proper channels, particularly if it is only for a month or two's worth. Plus, if you haven't done anything wrong, then you have nothing to feel guilty about.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    oops posted twice
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    usual suspect wrote:
    We were told it also costs the landlord too much to try and get rent money from you through the proper channels, particularly if it is only for a month or two's worth. Plus, if you haven't done anything wrong, then you have nothing to feel guilty about.


    It can cost alot of money but if he took you to court and won the court could (and probably would) order you also to pay his court costs.

    Also like Kermit said they are not allowed to use the deposit for rent so you would still be owing rent if they gave you the deposit back or not.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Cheers for the advice, especially Kermit. We've decided to take the proper route.

    I phoned the SU advice centre too see what they said too, and they strongly advised against witholding the rent too, as the agency are a bit unpredictable in their experience, and are just as likely to take us to court for it as they are to let it go. They also said if it gets to the stage of court because they won't give us the deposit they will help us all the way through, but hopefully it wont get that far.
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    **helen****helen** Deactivated Posts: 9,235 Supreme Poster
    I agree - Kermit's advice is really sensible and it's great you've contacted your SU. You might also want to read this question from our askTheSite archive: Deposit dispute.

    I hope everything works out.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    MoonArcanum wrote:
    Cheers for the advice, especially Kermit. We've decided to take the proper route.

    I phoned the SU advice centre too see what they said too, and they strongly advised against witholding the rent too, as the agency are a bit unpredictable in their experience, and are just as likely to take us to court for it as they are to let it go. They also said if it gets to the stage of court because they won't give us the deposit they will help us all the way through, but hopefully it wont get that far.

    Definitely good advice. I also *think* they are legally obliged to return your deposit (minus any charges) within 28 days of you vacating the property :)
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