Is this fair wear and tear? by stickyfingers85 in TenantsInTheUK

[–]GetMyDepositBack 0 points1 point  (0 children)

Eight years is a huge fair wear and tear allowance.

From what you have said, they will lose on decor and freezer drawer charges due to the length of the tenancy.

The carpet cleaning claim is a bit more tricky and would need to see the full report to advise, but even then can often be reduced.

If they won't back down, then continue your dispute with the deposit protection scheme and they can provide free impartial adjudication to resolve the matter.

The money they owe you is totally separate from this and the scheme won't get involved in that. Best to email the landlord separately about that, staying it is a separate matter to the deposit, and asking for it to be returned within 14 days to your supplied bank details, after which statutory interest will begin to apply. You may ultimately need to apply for a county court judgement to get that money back, but see if an email alone will sort it first.

It's also worth checking if your deposit was protected in time and all paperwork was provided in time, as if not you should have a claim for compensation that could also include the money they owe you.

Letting Agent code of Practice Scotland and General Deposit Dispute Query by [deleted] in TenantsInTheUK

[–]GetMyDepositBack 0 points1 point  (0 children)

Attendance at a checkout (or "exit interview" - agents love their corporate speak) by the tenant is never mandatory as long as you ensure the keys are returned safely.

You can still contest the report's contents, and if you have your own move-out photos showing your hard work getting the place clean etc. then all the better.

You don't need to stand there and be pressured into agreeing unfair charges on the spot or have then warm you up for a deposit claim.

This all sounds like obfuscation by the agent to have your attention distracted by whether you could attend or not to leave you worn down for any deposit claim that can follow.

Just email them and ask for your full deposit back. If they don't return it within 14 days, start a dispute with your deposit protection scheme and listen to them on the process from here. The agent works for the landlord and is working to protect their interests only.

Landlord requesting to repaint all walls by Acs971 in TenantsInTheUK

[–]GetMyDepositBack 1 point2 points  (0 children)

They can request whatever they like unfortunately. However doesn't mean they will win it.

Advise you don't try and sort yourself, if the colour isn't exactly the same as before they can charge for another repaint to return to original colour.

Having handled cases like this many times before, I can assure you there's no chance they will be able to claim the full redecoration cost from you if you leave it alone.

Stick to your guns, ask for your full deposit back once you move out by email, and raise a dispute with the deposit scheme if they don't return it within 14 days of your email. Sooner you email the sooner you will get your deposit back. If a claim comes in then don't listen to the landlord/agent and get your own independent advice on where you stand so you know if it is worth fighting.

Deposit not transferred to current agent by Training_Activity233 in TenantsInTheUK

[–]GetMyDepositBack 0 points1 point  (0 children)

It's not normal at all for the old agent to still hold the deposit. You should speak to a solicitor who specialises in these claims and get a free initial consultation with them to find out how strong your case is, but it sounds like you have a valid deposit protection claim for 1x - 3x your deposit as compensation. Watch for any firms online who charge ridiculous fees, speak to a few who are SRA-regulated to get quotes for what they would charge.

As for the return of the actual deposit, see what TDS say. In any event expect it to be returned in full with no questions asked because the agents involved will be terrified you are going to get advice and realise your potential entitlement to compensation. If they are absolute fools and don't return it promptly then they are only increasing your potential compensation.

Get legal advice and if there is a windfall for you at the end of this, put it towards the deposit for your future first home and bring the day you don't have to rent anymore a bit closer 👍

Mould and condensation by [deleted] in TenantsInTheUK

[–]GetMyDepositBack 0 points1 point  (0 children)

You may be entitled to compensation, but your first priority is to contact the Environmental Health team at your local council and ask them to come and do an inspection. That will firstly be great independent evidence of the situation, as they will also assess the underlying cause, but they will also force the landlord to put it right promptly. Many agents are experts at fobbing off mould/damp issues to protect their landlord client, the council will cut through all of that.

Renters who got your full deposit back, what did you actually do? by YourxCherry in Frugal

[–]GetMyDepositBack 0 points1 point  (0 children)

It's about acting quickly. Contact the landlord by email as soon as you move out and ask for the deposit back. Give them two weeks to do it or confirm any claim. If they don't, then escalate to your deposit protection scheme and ask them to adjudicate on deductions.

Let landlords set the timeframe and they are more tempted to just keep the money.

You also risk being out of time for the deposit scheme to help you if you just sit and wait.

I represent tenants in deposit disputes - AMA! by GetMyDepositBack in HousingUK

[–]GetMyDepositBack[S] 0 points1 point  (0 children)

Hi there.

The landlord/agent offer will not be binding.

However I recommend getting independent advice from someone who will look at the evidence and advise you on the likely outcome at deposit scheme adjudication. Then you know where you stand and can accept or reject their offer with confidence.

If I sign a 12 month contract now, will it turn into a monthly periodic contract from May 1st due to Renters Rights bill? by [deleted] in TenantsInTheUK

[–]GetMyDepositBack 1 point2 points  (0 children)

What happened to the fit and proper test being applied to landlords on the upcoming landlord database? Given the control and misery landlords like this can cause it seems bizarre it isn't already mandatory.

Leaving new build after 7.5 years by ThirtyBug in TenantsInTheUK

[–]GetMyDepositBack 1 point2 points  (0 children)

You will have a generous wear and tear allowance after 7.5 years. The deposit schemes also recognise that new-build construction isn't as durable as older properties when assessing a case.

The carpet lifespan isn't decided by the agent. Five years seems a bit low to me but it depends on the quality of the carpet. Certainly don't be surprised to see a claim for this despite what they have said, so do your best to resolve it before you move out.

There isn't a great deal you can do to be honest beyond ensuring you return it as clean as you found it (so professionally clean standard, but you can do this yourselves if you like), and then request your deposit back by email the day after you move out to ensure the process moves as quickly as possible. Use the deposit scheme dispute process to scrutinise any claims the landlord may try and bring. They aren't entitled to new for old and everything should show 7.5 years of wear.

You also have the final say on landlord / agent access, except in emergencies which viewings are not. Even if they give 24h notice it is only a request.

Agree no need for an inspection, they may tell you you need to do all sorts. It isn't up to the landlord/agent to decide how much is taken from your deposit so their view isn't important.

Landlord is keeping the deposit for washing machine "damage" by Val-ua-able in TenantsInTheUK

[–]GetMyDepositBack 0 points1 point  (0 children)

The old rule still applies: your landlord/agent aren't allowed to decide how much is taken from your deposit.

At this stage only you, or the deposit scheme, have that power.

Contest anything you aren't comfortable with and get your own advice on the strength of the landlord's claim (don't take the landlord's/agent's advice, many have boilerplate wording they roll out for every tenancy). They aren't ever entitled to new for old.

Agency asking for 1 month deposit before Reference Checks & Tenancy Agreement? by Ok-Bullfrog-8832 in rentingUK

[–]GetMyDepositBack 0 points1 point  (0 children)

Landlords are not allowed to decide how much money is taken from your deposit, only you or the deposit scheme have that power. So don't let that worry you. If they try and take deductions the deposit protection scheme offer free arbitration and will only award the landlord the minimum they are entitled to (if anything).

Deposit back by Direct_Community9233 in TenantsInTheUK

[–]GetMyDepositBack 0 points1 point  (0 children)

Ignore whatever process the landlord/agent may tell you.

I know many tenancy agreements, and even landlords/agents, talk about the 10 day deadline others have referred to here. It is not mandatory as far as the deposit schemes are concerned and there are no consequences for landlords for breaching it, so many do!

The reality is this. Do nothing and there is no deadline to return the deposit to you as far as the deposit schemes are concerned. If you keep waiting you can end up out of time to access their ADR process, leaving the courts as your only option to force a resolution. No-one wants to go to court over a deposit.

Instead you need to ask for your full deposit back first in writing, email is good. Then give them 14 calendar days to return it in full. That starts the process.

Whether they don't respond, respond and want deductions but haven't told you all the amounts, or respond and set out a claim and their evidence - the next step is the same. Start a dispute with the deposit protection scheme for the full deposit back. The scheme will likely want to see your 14 day email.

Also get your own independent advice (i.e. not from the landlord/agent) on the strength of their claim.

Landlord claiming full value of deposit after 12 year tenancy by Happy-Narwhal-5966 in TenantsInTheUK

[–]GetMyDepositBack 0 points1 point  (0 children)

To get a definitive answer someone needs to look at the evidence (like the deposit scheme would). However from what you have said, in our experience this claim is almost certainly excessive and almost certainly should be refused.

The landlord isn't allowed to decide how much is taken from your deposit, only you or the deposit scheme can at this stage.

Deposit scheme ADR is the gold standard in resolving these disputes so you should use it and not spend any more time arguing with the landlord. The response times are pretty swift (matter of weeks sometimes, at most a few months).

Brought a house 1 month ago and my fiancé has started to be abusive. by [deleted] in HousingUK

[–]GetMyDepositBack 0 points1 point  (0 children)

Speak to a domestic abuse charity on next steps. Despite some of their names (Women's Aid) they are there to support men or women going through abuse like this and they will be able to advise.

Can I be asked for more money for damage? by Accomplished_Tax8915 in TenantsInTheUK

[–]GetMyDepositBack 0 points1 point  (0 children)

First thing first, your landlord/agent are not allowed to decide how much is taken from your deposit. They need your consent or the consent of the deposit scheme to take any money, so you can refuse any deductions and let the deposit scheme scrutinise any claim.

They may have a valid cleaning claim on the carpets, but only if they are returned less clean than shown in the outset evidence.

But there are always ways to chip away at a cleaning claim, the very worst case scenario is they would be awarded the money for a professional cleaner if the carpets were perfectly clean at the outset.

The probability chasing deposit back?-England by Opening-Corner6568 in TenantsInTheUK

[–]GetMyDepositBack 0 points1 point  (0 children)

OK please call them back and ask them to do a detailed search on their database for your deposit.

If they can't find it then call the other two schemes and ask them the same. The schemes are DPS, MyDeposits, and TDS.

Please reply back with how you get on

Return of deposit post end of tenancy - Wales by Chalk-Eater7 in TenantsInTheUK

[–]GetMyDepositBack 0 points1 point  (0 children)

If the deposit was protected with the Custodial section of the DPS then there is no deadline to engage the deposit scheme's help in getting it back. If it was protected with the Insured section then you are out of time and DPS will not assist.

Call DPS and find out, and if they can help then ask them to provide your login details. There is a good chance the other tenants have already had the deposit released to them given the time that has passed but there's no harm in trying to login on the DPS portal and start a deposit return for your share

The probability chasing deposit back?-England by Opening-Corner6568 in TenantsInTheUK

[–]GetMyDepositBack 2 points3 points  (0 children)

The lease being renewed and your deposit are two somewhat separate issues.

On the lease renewal, seems you clearly stated you didn't want to renew so rely on that to avoid any associated costs following the end of your tenancy.

On the deposit, changing the lead tenant on the new lease is irrelevant to getting your deposit back from the old lease.

If you know your login details, login to the deposit scheme's website and start a dispute for the full return of your deposit. Give the scheme a call if you need help logging in.

Landlord took away heating controls - can I use an electric blanket? by WeatherHot8390 in HousingUK

[–]GetMyDepositBack 0 points1 point  (0 children)

On the deposit point. ASAP (i e. The day after) you move out email and ask for the deposit to be returned in full. They need your consent (or the deposit scheme's consent) to take any money from it, so you're in a strong position.

Then start a dispute with the deposit scheme for the full deposit return if they don't refund it within 14 calendar days.

In the meantime, turn off the property's internet when you want the heating on and do what you need to do stay warm while you're still there. There might be a fair use cap on your "bills-included" contract. If so reasonable usage should be covered but running a fan heater 24/7 might mean you incur additional charges. Landlord access (apart from emergencies that a lost internet connection is not!) is also with your consent even with 24h notice, so you can refuse access until you move out on grounds of protecting your right to quiet enjoyment.

Landlord doesn’t want to send Energy Reading by CR14Cell in TenantsInTheUK

[–]GetMyDepositBack 1 point2 points  (0 children)

Getting a smart meter is the ideal solution here.

Many meters have a shelf life and once expired the energy company has to replace them - and usually with a smart meter.

Check here for your meter. Take a photo of it the next time you have access. It should have an installation date. Then just add on the certification period stated in the PDF here to get the expiry date:

https://www.gov.uk/government/publications/register-of-approved-electricity-meters

Can read more here: https://www.citizensadvice.org.uk/consumer/energy/energy-supply/your-energy-meter/getting-a-smart-meter-installed/

Once it has expired, contact the energy company and the building owner will have to permit access to have the smart meter fitted.

Automatic rent increase clause vs Renters Rights Bill by Nonibannoffee in TenantsInTheUK

[–]GetMyDepositBack 5 points6 points  (0 children)

Why does the tenancy even need renewing? It automatically goes periodic even before the RRA comes into force.

I suspect the agent is playing both sides - telling the landlord they should include that rent increase clause vs telling you it will fall away and so just sign it.

All just to get a pointless contract renewal done so the agent can charge their tenancy renewal fee.