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Moving out - Deposit battle

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KLR600
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PostPosted: 20:28 - 23 Sep 2008    Post subject: Moving out - Deposit battle Reply with quote

I'm moving out in about 3 days (depending on wether agents can get themselves into gear to sort the new place out Evil or Very Mad Evil or Very Mad ) and I'm kind of stressing over getting the deposit back for the place we're in now.

The house we're in now is unfurnished and the agents DIDN'T make an inventory of any marks and scratches on the walls or the actual condition of the gardens, unfortunately neither did me and my G/F which would of been a big help about now but that's hindsight for you. We fully plan on returning it to the condition it was in when we moved in but I'm worried they're going to try and tack extra stuff onto us claiming that the property was totally pristine when we moved in which it wasn't (curtain rail holes over most of the windows, old picture hanging holes on a lot of the walls etc etc). I have also spent all day in he garden weeding and trying to generally tidy it up to get it looking good again and while I've shifted the most of it there's still a few weeds left here and there but there were a few weeds here and there when we moved in but some of the bushes that aren't weeds have grown taller and while they don't look untidy they are generally a big bigger.

I'm worried they're going to come in and try and charge us for all sorts like getting a gardener in to "fix" the garden (even though it's as good as when we moved in) and for the holes above the windows etc.

Where do we stand on it? The agents came round the other day just as a general check up and to "make us aware" that we would be charged for stuff like carpets etc if they aren't up to scratch but I can't see how thy can charge us for something if they have no way of comparing it to how it was unless it was by memory. They're adamant the property was pristine when we moved in but it most definitely wasn't pristine although it was in good condition, but then that's just our word against there's and they have our money so it's not ideal.

I'm just wondering how to approach it. Obviously I don't want to get stung but the agents are going to be out for blood if other peoples stories of moving out are to be believed (which I do).
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Itchy
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Joined: 07 Apr 2005
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PostPosted: 20:48 - 23 Sep 2008    Post subject: Reply with quote

214+215 2004 Housing act, see if your deposit has been protected or not first things first (only applies to deposits taken post April 5th 2007) ...they are supposed to keep it in case of dispute like the one you describe.


Use it as a beating stick
Quote:

Dear landlord

Having checked my records I can't seem to find any reference to the deposit protection scheme my deposit is held in. As you are legally required to provide me with this information within 14 days of the tenancy starting, with the penalty for failing to do so being 3 times the original deposit figure, I assume this was simply an oversight and you have protected the deposit in the correct manner and failed to inform me.

I look forward to receiving the details of the scheme along with the appropriate evidence that it was registered in the required 14 days.

Yours Lovingly

A. Tennant"


But live and learn most landlords I've rented from keep deposits , which means prawns in the curtain rails (if its hollow) and water cress seeds everywhere and water the carpets..

I had a nasty battle with one once where I specifically went round with a cam corder and took photos of everything , she still kept it (it was around 1998).

You can also bluff say I took some photos here do you want to have a look to call their bluff.
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Kwaks
I'm not a fast rider



Joined: 28 Jan 2006
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PostPosted: 21:01 - 23 Sep 2008    Post subject: Reply with quote

When GF moved in with me she never got her deposit back, until a few calls, texts then finally threatening with the small claims court.

Just keep badgering until its more hassle for them to keep it.
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carvell
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Joined: 05 Sep 2003
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PostPosted: 21:25 - 23 Sep 2008    Post subject: Reply with quote

You haven't actually asked for it or moved out yet have you?

Cross the bridge when you get there, don't worry about nothing!
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KLR600
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PostPosted: 21:29 - 23 Sep 2008    Post subject: Reply with quote

We haven't moved out just yet although we will be this week most likely. I know our deposit isn't protected as we moved in Feb '07 which I think was just before all this new protection scheme stuff came in. We did take pictures of the inside of the house when we moved in but who's to say we didn't take them yesterday? I know that the exif data will show when they were taken but I doubt an estate agent is going to know exif data from a file created date so he could argue I manipulated the dates or something.

I'm just getting very paranoid and stressed over this whole thing really Sad Thanks for the replies so far though, keep them coming!
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rotax81
Nearly there...



Joined: 10 Sep 2008
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PostPosted: 21:40 - 23 Sep 2008    Post subject: Reply with quote

best of luck with it.

im on both sides. i never got my deposit back from the last house i rented and i could see it coming.
so i stayed an extra 3 weeks then nicked both his sets of ladders,
some electronic stuff that was in there and some other bits to make it up. i was chuffed with that lol.

on another note, my parents once rented their house out for 6 months and they wrecked it. she had so much hassle from the letting agent about damages that she just forgot everything and put it down to experience.

agents will grab money left right and centre from either side.
greedy coonts the lot of them and will use any excuse Evil or Very Mad

i hope yours are ok Thumbs Up
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EuropeanNC30R...
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Joined: 20 Jun 2002
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PostPosted: 08:55 - 24 Sep 2008    Post subject: Reply with quote

KLR600 wrote:
We haven't moved out just yet although we will be this week most likely. I know our deposit isn't protected as we moved in Feb '07 which I think was just before all this new protection scheme stuff came in.


Have you renewed the AST since? If so it's 50:50 on whether it should have been protected - govt guidance says it should be, law is a bit vague.

I'm taking my old landlord to court at the moment over it, if judge agrees (some do/some don't), then it's 3 times deposit compensation + all original deposit back.
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Tonka
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PostPosted: 10:25 - 24 Sep 2008    Post subject: Reply with quote

Well, a post in favour of good agents to balance up the thread!

Last place I rented the Landlord was a bit of a pain and his wife a right nosey bint - insisted on accompanying the Agents on their 3 month inspection and then commenting on my furniture - cheeky cow! Anyway, Landlord was a tight ar5e and didn't pay for a detailed inventory and then when I had to move (their daughter taking on the house) they tried a couple of fast ones! Asked for an electrical certificate for the sockets I'd put in Shocked they were there when I moved as believe me I'm no electrician and don't touch electrics under any circumstances and then complained about the bathroom being re-tiled even though I'd done that 3 years previously and they'd been inspecting all the way through and not complained before!

Agent stuck her neck right out and told the Landlord he had no right to withhold a single penny of my deposit as he couldn't substantiate any of his complaints and the money was all transferred into my account within a week of my leaving.

Don't panic, but do be realistic. Agents often employ their mates companies to do the cleaning indoors and windows and the gardening at the most extortionate rates, so if possible be prepared by getting an inspection earlier than necessary so that you can make any amendments - go round again with duster, carpet cleaner etc. Your photos should be fine and I can't see that you'd have a problem if you just keep calm and confident!!
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bikerchick82
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PostPosted: 11:09 - 24 Sep 2008    Post subject: Reply with quote

Cover your arse further...

For example, the holes above the curtain rails, fill them with polyfilla and if you can, patch over with some cheap emulsion that fits the decor, hire a carpet cleaner and clean the carpets, go and pull those last few weeds out.

Yes it's all extra work and you shouldn't have to do it but surely it's less hassle than taking the agents to SCC?

I've only ever privately rented so I'm used to all this, it's why I try and keep up a good relationship with the letting agent, it pays off in the end Wink
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Kal
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PostPosted: 23:14 - 24 Sep 2008    Post subject: Reply with quote

Couldn't agree more with Bikerchick

The only time I ever had a problem like that was when we turned down for a property before we moved in.

I went in to ask for my deposit back everyday for two weeks. Of course I was stood in the middle of their business at busy times of the day and discussing this in a loud, clear voice.
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lozzypop1
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PostPosted: 08:53 - 25 Sep 2008    Post subject: Reply with quote

If you have no polyfilla...
The best thing I've found to fill small holes is toothpaste.

Honestly.
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bazza
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PostPosted: 11:37 - 25 Sep 2008    Post subject: Reply with quote

lozzypop1 wrote:
If you have no polyfilla...
The best thing I've found to fill small holes is toothpaste.

Honestly.


The white stuff, not the green minty gel stuff.
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KLR600
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PostPosted: 10:40 - 12 Oct 2008    Post subject: Reply with quote

Just an update, we got it all back! We basically just pushed the boat out and pulled up the last few weeds and painted the walls with the cheapest emulsion B+Q had. The agent then came round and had a look around and said "well I wasn't sure if you were going to do the work but you've obviously done well" so it pays to just do the work!

I pulled the BT line out aswell as when we had it installed they were adamant that we had to pay for all of it which kind of cheesed me off a bit but a bit of toothpaste (thanks lozzy!) and some paint soon filled that hole in the wall!
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J0Al1
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PostPosted: 16:41 - 16 Oct 2008    Post subject: Reply with quote

I hate estate agents for this kinda thing.

I rented for a while, left the place in much better condition then found. Re-painted, tidied the garden etc.

But 2 weeks before I left broke the oven top (expensive to replace). Got replacement, agents agreed to give deposit back once fitted. New tenants agreed we could visit to fit it (old top still worked, just cracked), we turned up to fit it (arranged time), new tennants were cooking a roast (fucking twats). They kicked up fuss that it wasnt done, got a prof in to fit it - cost us a fortune where as dad could have done it for free!

Did get deposit back, but pain in the bloody ass!

Hope its OK for you
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thx1138
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PostPosted: 09:59 - 17 Oct 2008    Post subject: Reply with quote

the one time I needed a deposit back, I waited in with four other family members for the landlord to collect the last rent, and asked for it back,,,,
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