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Vineet S
Vineet S,
Category: Law
Satisfied Customers: 1426
Experience:  Freelance Solicitor at Self Employed
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My landlord deduct my deposit for an unreasonable amount,

Customer Question

Hi, my landlord deduct my deposit for an unreasonable amount
JA: What state is the property located in? And has anyone consulted a local attorney about this?
Customer: LE2 1AJ lEICESTER
JA: What are the terms of the lease? Any issues related to maintenance or upkeep?
Customer: L
JA: Anything else you want the Lawyer to know before I connect you?
Customer: https://www.inventoryhive.co.uk/approve-report-tenant/1?report=08aafe81*****************54d61*****************e4f1fef288941718a55ab8c5c154d4b54f758c6ded2a90b512d7c7afb6fabed0d5d714bb8ae8053f1h0AosjbA6w3mK18USe4LIwmVDhHb4ER6K%2BnDo3CRQ6k1hBFgM21KdDxXzxI8UlHaSwIsYlm6rbytd4nrZQmQFnVAd%2FqC0sH9aBu8tizM2Pr0cBJ2kPt7%2FEgcDjt0h3PpFm%2Bu2bApuAA8oCwVW0kKtMClhK1Dbaz2Xi52pMS9rJx0OBPGjB5ubGulX6sfRsYRkdB10FLkIofjJjzXj621lisMk2D1R36mW6vSMGBGPwsjxVmUdli21mf3zuBp3RHn
Submitted: 7 days ago.
Category: Law
Customer: replied 7 days ago.
https://www.inventoryhive.co.uk/approve-report-tenant/1?report=08aafe81*****************54d61*****************e4f1fef288941718a55ab8c5c154d4b54f758c6ded2a90b512d7c7afb6fabed0d5d714bb8ae8053f1h0AosjbA6w3mK18USe4LIwmVDhHb4ER6K%2BnDo3CRQ6k1hBFgM21KdDxXzxI8UlHaSwIsYlm6rbytd4nrZQmQFnVAd%2FqC0sH9aBu8tizM2Pr0cBJ2kPt7%2FEgcDjt0h3PpFm%2Bu2bApuAA8oCwVW0kKtMClhK1Dbaz2Xi52pMS9rJx0OBPGjB5ubGulX6sfRsYRkdB10FLkIofjJjzXj621lisMk2D1R36mW6vSMGBGPwsjxVmUdli21mf3zuBp3RHn
Customer: replied 7 days ago.
It is the link of the report of checkout. My room is room 1
Customer: replied 7 days ago.
Can I ask the landlord not to deduct so much
deposit
Customer: replied 7 days ago.
File attached (VQ75PT2)
Customer: replied 7 days ago.
the landlord ask me to deduct £208.33 from my deposit
Expert:  Vineet S replied 7 days ago.

Welcome to Just Answer, I am a practicing solicitor in England and Wales and I will be dealing with your case today.

Kindly note, I am not available for phone calls at the moment, however I can easily assist you via this online chat.

Customer: replied 7 days ago.
OK
Expert:  Vineet S replied 7 days ago.

Hi there,

A certain amount of wear and tear is unavoidable in rental properties. Over time as tenants live in homes, some damage will occur. This isn’t a result of abuse or neglect by the tenants, meaning tenants can’t be held responsible for it.

At the end of the tenancy, tenants have to give the property more or less in a similar condition that they take at the start of the tenancy.

Normal wear and tear refers to gradual damage that you would expect to see in a property over time.

Only if the damage has been caused by tenant abuse or neglect rather than simple wear and tear, and provided Landlord have all the necessary evidence that the damage occurred during their tenancy, i.e. dated pictures of the condition of the property when the tenants moved in, the landlord may be able to successfully claim the amount from the tenant's deposit.

Expert:  Vineet S replied 7 days ago.

dispute any unauthorised deduction from the deposit with the Administrator of your deposit scheme

Customer: replied 7 days ago.
but the company itself did not have a third party to keep the deposit
Customer: replied 7 days ago.
the company itself keep the deposit
Expert:  Vineet S replied 7 days ago.

If the Landlord still deduct any other costs from your deposit , then you can claim it back via a small claims proceedings

Customer: replied 7 days ago.
How to do small claims proceedings
Expert:  Vineet S replied 7 days ago.

Before starting your court claim, you must send a letter before claim to the Agents for return of your deposit within 14 days .

If they fail to repay you within the given time , then you can initiate your court claim against them.

you can start your court claim online using the below link-

https://www.moneyclaim.gov.uk/web/mcol/welcome

Customer: replied 7 days ago.
Could you please open the link i send to you? The deduction amount is made of two parts. £125 for the cleaning and damages to bedside desks. The second part is made of the community cleaning fees
Expert:  Vineet S replied 7 days ago.

For further information on small claims proceedings click below web link-

https://www.gov.uk/make-court-claim-for-money

Customer: replied 7 days ago.
I have already cleaned the room, but they say my room is very dirty and the condition is very poor
Expert:  Vineet S replied 7 days ago.

You have attached your tenancy agreement.

Expert:  Vineet S replied 7 days ago.

If any check-in inventory was recorded and agreed at the start of the tenancy?

Customer: replied 7 days ago.
there is of a link of the checkout photo
Customer: replied 7 days ago.
Did you open the link
Expert:  Vineet S replied 7 days ago.

Yes

Customer: replied 7 days ago.
No, the landlord did not give me any record of check-in inventory
Customer: replied 7 days ago.
at the start of the tenancy
Expert:  Vineet S replied 7 days ago.

Can you attach the photos here

Expert:  Vineet S replied 7 days ago.

Having a detailed and accurate inventory in place can be a big help when it comes to avoiding disputes over damage between tenants and landlords.

If there was no check-in inventory agreed to record the condition of the rented property at the start , then landlord can not say now that tenant has damaged/made the property dirty , not as clean as provided by the Landlord.

Expert:  Vineet S replied 7 days ago.

With what you have to compare the cleanliness now when check-in inventory was not recorded at the time of handing you possession.

Expert:  Vineet S replied 7 days ago.

Thus Landlord can not claim anything on the basis of cleanliness , if Landlord do not have a check-in inventory to back his claim.

Expert:  Vineet S replied 7 days ago.

I hope the position is now clear , what can or can not be deducted from tenancy deposit.

If you need further assistance, please let me know.

Thank you and all the best.

Customer: replied 7 days ago.
how about the damages to the bedside desk
Customer: replied 7 days ago.
I do not have the photo of bedside desk at the beginning
Expert:  Vineet S replied 7 days ago.

still need to be proved that the desk got damaged by you.

Customer: replied 7 days ago.
If they stick to deduct the deposit, then I can submit the link you sent to me
Customer: replied 7 days ago.
right?
Expert:  Vineet S replied 7 days ago.

yes, if they try to deduct anything that they should not, then yes you can claim it back using the above web link, using small claims proceedings.

Customer: replied 7 days ago.
landlord himself keeps my deposit and he does not ask a third party to keep my deposit, is it illegal
Customer: replied 7 days ago.
Where are the rules you suggest me from? Can I know which rule from contract law say these things? I want to send a formal claim to the agent ? Do you have some templates for me?
Expert:  Vineet S replied 7 days ago.

Landlord can hold the tenancy deposit themselves, however If a landlord wishes to hold the deposit themselves, they have to join the TDS Insured Scheme.

Customer: replied 7 days ago.
How can I know whether they have joined the TDS?
Expert:  Vineet S replied 7 days ago.

Agents /Landlord are legally obliged to provide to their tenants. the following Prescribed Information within 30 days of the agent/landlord receiving the deposit.

The amount of the deposit

The address of the property

The name, address and contact details of the administrator of the tenancy deposit scheme with which the deposit is held

The name, address, and contact details of the landlord and tenants and any third parties who have contributed to the deposit.

Expert:  Vineet S replied 7 days ago.

From this prescribed information, you can know where the deposit is protected.

Customer: replied 7 days ago.
They have not joined TDS, I am sure because they do not joined TDS
Customer: replied 7 days ago.
Can I use this reason in my claim ?
Expert:  Vineet S replied 7 days ago.

If the deposit is not protected , they could be penalized between one and three times the amount of the deposit.

Customer: replied 7 days ago.
hi, can I know the number of the rule from which law that I should use
Customer: replied 7 days ago.
hi?
Expert:  Vineet S replied 7 days ago.

Under S213-214 of the Housing Act 2004 (non-compliance with the Tenancy Deposit Scheme)'.

Many thanks and all the best.

Customer: replied 7 days ago.
Do you have any templates of the similar claim?
Customer: replied 7 days ago.
I want to do a formal writing
Expert:  Vineet S replied 7 days ago.

Please find attached template letter.

Expert:  Vineet S replied 7 days ago.

Many thanks and all the very best.

Customer: replied 6 days ago.
Hi, my current forced me to find another two flata mates otherwise she does not agree to make a contract with me
Customer: replied 6 days ago.
landlord
Customer: replied 6 days ago.
But before I moved in, she said she will give me a single room
Customer: replied 6 days ago.
she said if I find other flatmates, she will give me some discount
Customer: replied 6 days ago.
But now she suddenly said it is compulsory that I have to find other flatmates
Expert:  Vineet S replied 6 days ago.

Hi there,

I am replying to you in your other post.

.

Thank you.

Customer: replied 6 days ago.
Hi, if my old landlord show me the inventory check in list one year ago now, is that effective
Customer: replied 6 days ago.
She did not show me when I moved in the house, but she wants to show me now
Customer: replied 6 days ago.
hi?
Expert:  Vineet S replied 6 days ago.

Check-in inventory shown at the time of check out would be invalid.

Thank you.

Customer: replied 6 days ago.
which law I can tell her, is there a number
Expert:  Vineet S replied 6 days ago.

Hi there,

Check-in inventory is signed and agreed by both tenant and landlord at the start of the tenancy, not at the time of expiry of tenancy

Thank you and enjoy rest of your day.

Customer: replied 6 days ago.
Is that under the house act you tell me
Expert:  Vineet S replied 6 days ago.

Yes, under the Housing Act,

Thank you .

Customer: replied 6 days ago.
File attached (ZMZ45SL)
Customer: replied 6 days ago.
Could you please have a look at my letter and tell me whether something is needed to be modified and added?
Customer: replied 6 days ago.
Can I just email them or post a letter to them?
Expert:  Vineet S replied 3 days ago.

Hi there,

You would have to send it via recorded delivery and retain all the proof of postage.

Thank you and all the best.