Ex Landlord Threatening To Keep All Or Part Of The Bond.

[grandpajoe]

Details are :- Grandson rents a flat and uses £500 as a bond lent by me. I help paint and decorate the bedroom. The bedroom was a mess and I rubbed down,undercoated and glossed the woodwork and emulsioned the walls. I re-glossed the winowsill which was in a right state and it looks superb now.Kitchen Toilet Bathroom Hall stairs and Landing were in good condition and were so when he moved out.Landlord is making a fuss because he says there are patches showing through the emulsion on the walls of the living room. He says the toilet pan is dirty but we bleached it before grandson left. The place really is better than when he moved in.

I was not involved with the contract and am told by the letting agent that I can have no input. The problem is that i think the landlord is attempting to withold all or part of the bond (my brass) and as he is dealing with a boy of, 20 he'll get away with it. Another thing is this bloody virus because we cannot meet together to go round the property and sort things out on a face to face level.

Do you think my grandson would have a claim in a small claims court?? How does he go about it?/

Many thanks in advance Chris

[bednobs]

is his deposit in a protection scheme?

[bednobs]

if so, they will sort it all out. If not, he can apply to get up to 3x the deposit amount

[bednobs]

https://www.gov.uk/deposit-protection-schemes-and-landlords

[grandpajoe]

No. not as far as I know. I'll get him to ask the agents but I doubt it. The lad would present no problems to any landlord so we just think landlords would be equally honest and not invent problems to keep the bond

[bednobs]

did you read my link? There are penalties for landlords not protecting the deposit, and if it wasn't it's likely he will get it all back (or up to3x the amount) as a punishment for the landlord

[Tuvok]

Did you/grandson take photos at any point?

[Buenchico]

As Bednobs indicates, the landlord was obliged to place your grandson's deposit in an approved scheme. He was also obliged to inform your grandson (within 30 days from receiving the deposit from him) of the name and contact details of that scheme, together with information about the dispute resolution service they have.

If the landlord DID place the deposit into an approved scheme, your grandson should contact that scheme in order to use their dispute resolution service. As there are only three such schemes, it will be one of these links that he needs:

Deposit Protection Service:
https://www.depositprotection.com/im-a-tenant/i-want-to-know-more-about-disputes/

MyDeposits:
https://www.mydeposits.co.uk/tenants/raise-a-dispute/

Tenancy Deposit Scheme:
https://www.tenancydepositscheme.com/is-my-deposit-protected/
(Once the relevant information has been submitted on that page, there should be a link to the dispute resolution service)

If the landlord DIDN'T place the deposit into an approved scheme, your grandson should apply to the County Court to get his money back, ansd possibly more. (The court can order a landlord to pay a tenant up to three time his deposit if that deposit wasn't placed into a relevant scheme).

General information:
https://www.gov.uk/deposit-protection-schemes-and-landlords

[Peter Pedant]

yes he does have a claim
and he should start off by going thro the letting agent
I cant believe a proper letting agent doesnt have a deposit scheme

bear in mind the landlord is barred from suing himself if he has taken a deposit and not put it in a scheme ( not really applicable here)

please keep us informed

[grandpajoe]

It's getting interesting. Grandson works all day and i can't get involved so will speak to grandson this evening . Many thanks so far Chris

[grandpajoe]

Agents tell me that yes the deposit is in the scheme and that they have discussed this with grandson. He took a video of it after he moved out and it looks good. Very habitable

[bednobs]

ok thenhe needs to wait until the agents tell him how much they are retaining(if any) and what for. If he disagrees, he needs to use the dispute resolution mentioned above.

[grandpajoe]

Yes thanks bednobs that is the situation we are in at the mo'.. i am assuming people cannot move in because of the lockdown and also the agent might have told the landlord that things need to stay on hold at present. If he's a "buy to renter" he'll be wanting somone in sharpish. Will see what Friday brings and I'll get back. Chris

[bednobs]

thanks for the update chris. if it helps my experience of the dispute resolution service ( via a friend) was good

[grandpajoe]

Right after some time i can bring you "up to speed". Grandson has told the letting agents he wants to go T D S to sort it out. The landlord does not have a proverbial to stand on. The place is spotless and the room I decorated was to a high standard. The front room was/is good also. The landlord,out of the £500 deposit is asking for £270 For Funks Sake. If I was he I could let it immediately. There a few grey area showing through my immulsioned wall which would take about one hour to go over the four walls with another coat. I am livid but alas I cannot put my two penarth in. Chris

[Hopkirk]

I fail to see why the landlord thinks it is your grandson's fault if the living room walls need a fresh lick of paint.

[grandpajoe]

Exactly Hopkirk!! He's trying it on. Grandson has been given some things to mention by his Gran' and me so he will be submitting his POV this week. Cheers

[Peter Pedant]

dont be shy of interfering
I would monitor and suggest improvements on his POV for instance

and dont be livid - get even

there is quite a lot of this the letting agent should have dealt with
and looks as tho he didnt until you got involved
ripping off young people seems the name of the game and I have no compunction about giving a good kicking those tryhing it on

[grandpajoe]

The dispute has been resolved in favour of the landlord. What they are saying is that grandson did not follow the written agreements ie inventory. One which he signed going in and the one which was produced when he left were not compatible. He was given £230 of his (My brass)£500 bond. I am resigned to it as it's not worth the hassle. The flat is now in a much better decorative condition than when he went in and he's been shafted for being naive. I will be speaking to the letting agent next week