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Landlord claiming we didn’t pay a deposit ( deposit scheme )

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  • Landlord claiming we didn’t pay a deposit ( deposit scheme )

    Hi everyone,

    Just looking for some advice.

    Myself and my partner were renting a 2 bedroom house last year when a family member contacted us to say that they knew someone who was renting out a 3 bedroom property near where we were currently living for a lot cheaper than what we were already paying. We had just found out that we were pregnant with our third child so this was ideal for us. We went to view the property with the previous tenancy still in there, who happened to be the landlords niece. Anyway, the property itself was nice and spacious but the woman living there wasn’t exactly the cleanest of people. We were promised it would be cleaned when we were to move in ourselves. We put our trust in him saying this and went and handed our notice in at the previous property. I know some of you will be thinking we were very gullible but at the time the house we were living in was being sold and we were desperate. We’d been to the local council asking for help which we thought we would get with my partner being ex military and suffering with PTSD. The local mp even contacted the council himself but we were basically told that because we weren’t yet homeless there was nothing that could be done.

    We had a day to move in to the property due to the landlords niece not moving out on time and had no choice really but to move in. I didn’t actually realise myself how much of a disgusting state the property was in. We had already signed the tenancy agreement and paid our 450
    months rent up front. We were strapped for cash at the time and the landlord agreed that we could pay the 500 pounds bond a month after moving in.

    The kitchen was absolutely disgusting. There was mould and limescale all over the sinks and taps. ( I do have pictures taken at the time ). As was the rest of the property. Basically we refused to pay a bond until the kitchen was rectified. The landlord then threatened us with eviction if we didn’t pay a bond. I need to stress how vulnerable and desperate we were at the time. I was suffering with hyperemesis at the time and my partner suffers with mental health problems himself. I paid the landlord 280
    pounds in to the bank account and told him he would get the rest when the problems were rectified. He basically told us we weren’t having another kitchen fitted until wed
    paid the bond, so the next day I deposited another 324 pounds. This was a weeks rent ( 104 pounds ) plus the 500 pounds bond.

    We have now since found a new property to rent and will be leaving this one on the 20th September.

    Two weeks ago my son kicked a football which resulted in the front room window being smashed. Completely our responsibility to pay this which we understand. The landlord paid for the window ( 160 pounds) and suggested we pay an extra 40 pounds per week on top of the rent to pay it off.

    We didn’t realise that he could have deducted the money from the bond. Nor did we realise that the bond should have been placed in to a deposit scheme. We received no details of any bond scheme. It does state on my tenancy agreement that a bond was paid. So my partner rang the landlord and asked which scheme it was in. We were told he would get back to us by the end of the week regarding the details.

    I then received an email from the landlord asking how we were going to pay for the window. I was told in the email once I had got back in touch with them stating how it was going to be paid they would then be able to tell me
    more details. I then emailed back saying I was entitled to the details of my bond.

    I was then sent an email back saying that no bond was ever paid and the reason I deposited 604 pounds at the beginning of the year was because we were supposed to be paying the rent monthly. It clearly states on my tenancy agreement the rent is to be paid weekly. They also attached a comprehensive statement with all payments received by me and my partner and claimed that after going through the transactions we were owed 240 pounds by them. ( baring in mind we were rang half way through by the property owner stating she had been through the accounts and we owed 4 pounds lol). She suggested she was going to deduct the money for the window from this and we would be given back 80 pounds upon leaving ‘if the property was left in a fit state’ We’ve studied this statement and there are 2 payments which she hasn’t put on there. This is a section of what was sent to us:



    I have attached a comprehensive statement of payments received in date order with the value for each transaction for datesbetween 2nd March 2018 and August 30th 2019.

    All payments made were in respect of rental payments for the above property.



    • You will note that the total paid by yourselves for this period amounts to £8,341.00.



    • The number of rental weeks between 2nd March and 30th August totals 78 weeks calculated at £103.85/week total =£8,100.30.



    It should be noted the initial rental agreement was based on a monthly rental payment of £450.00 in advance– subsequently as requested by yourselves we agreed to convert to a weekly payment which averaged £103.85 per week to help alleviate your cash flow problems.



    • You will note based on payments received and monies dues – there is now a net credit balance of £240.70 outstandingin your favour. We will deduct the agreed sum of £160.00 outstanding to cover the damaged window repair the cost ofwhich was agreed with yourselves.



    • This will then leave a credit balance in your favour of £80.70 we will refund this directly your account once alloutstanding weekly rent is paid, property vacated, and the keys returned, and a full inventory of the property is carriedout to our satisfaction.



    • It must be noted at no time can we see a separate £500.00 payment made to us by yourselves referenced as a bondpayment in advance …



    • Again, it must be noted subsequently we agreed to defer the sum of £500 in respect of the bond due to lack of funds on your side... and to be paid at a later date. All paymentsreceived subsequently only covered the weekly rental payments.



    Yours Sincerely


    I also have the rest of the emails between us and a copy of the statement she sent me. Could anyone give me some advice? I know this is a complicated post and there is so much more to it but any advice would be much appreciated


    thamk you

    Tags: None

  • #2
    I am not entirely sure from your writing, which I found difficulty following, what problem exists, such that you are seeking advice.

    So, I ask the following questions.

    Do you dispute the accuracy of the landlord's calculations which is that you will have 240 owing to you less the cost of the repairs at 160, leaving 80 to be credited to you?

    It seems from your writing, that except for two weekly payments for rent at 103 per week, that you do agree the landlord accounting.

    If that is right, the dispute seems to be that you say you are owed 240 - 160 =80 + 2x103 =206 i.e. you say you are owed 286.

    I recognise, of course that you say that you paid a deposit of 500, but you paid that late and in two tranches. The landlord says that you did pay 500, but that this amount was set against rent as reflected in his accounting, and was not therefore a deposit at all,
    Last edited by efpom; 7th September 2019, 11:43:AM.

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