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Topic: So over 2 months and no security deposit back  (Read 3459 times)

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So over 2 months and no security deposit back
« on: September 03, 2009, 11:00:18 AM »
So I moved out of my old place over 2 months ago and my landlord is still not giving me my deposit back, nor telling me what he needs the money for. He said there were some issues- fine, but what are they??? Also, it pisses me off, because he told me two months ago if something dirty or in need of repair, I would have been more than happy to go and clean it instead of paying for someone to do it and lose my deposit money. Grrr  :-\\\\

He had a death of a friend, so he was too distraught to give me money back and deal with these issues. Funny though, he wasn't too distraught to get a new tenant in there.

He's now just ignoring me and not responding to me. I'm really getting at my wits end.  The deposit isn't a small chunk of change to lose.

Should I go seek help for the CAB?  Anything else I can do? 

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Re: So over 2 months and no security deposit back
« Reply #1 on: September 03, 2009, 11:10:45 AM »
You can actuallly take him to small claims court for it, IIRC.

http://www.adviceguide.org.uk/scotland/family_parent/housing_scotland/common_problems_with_tenancies_scotland.htm#getting_a_deposit_back_at_the_end_of_a_tenancy

Oh, start logging every single time you contact him about getting the money back - where, how, when, record of the conversation, etc.

« Last Edit: September 03, 2009, 11:27:19 AM by WestHighlandWay »


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Re: So over 2 months and no security deposit back
« Reply #2 on: September 03, 2009, 11:38:08 AM »
Thanks!  :)
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Re: So over 2 months and no security deposit back
« Reply #3 on: September 03, 2009, 02:38:27 PM »
Uggh, I threatened legal action to him. So, somehow he got back to me.  ::)
Oh but now he's decided I need to pay for something that's gone wrong with the boiler. How is that my fault?????????  
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Re: So over 2 months and no security deposit back
« Reply #4 on: September 03, 2009, 02:44:38 PM »
Not to mention, he has tenants in there already, right? So how can he prove the boiler went bad while you were in there? Regardless, it shouldn't be your responsibility to fix it!


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Re: So over 2 months and no security deposit back
« Reply #5 on: September 03, 2009, 02:48:17 PM »
Whoa, wait a second. What are the laws here? In Oregon, the landlord had thirty days to get it back, period. If they didn't refund your deposit or send you an itemized list of what repairs your deposit went toward, they had to refund the entire thing. They couldn't go back and say, "well, actually, I still need to fix x, y, and z".

Isn't there something like that here? If so, let him know you're aware of the law, and unless every penny of your deposit is returned you'll be taking him to small claims.

Sorry if that sounds harsh... I'm in an awful mood right now, and I've been jacked around by one too many landlords before. They aren't allowed to pull this crap.
Jen





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Re: So over 2 months and no security deposit back
« Reply #6 on: September 03, 2009, 02:53:10 PM »
He hadn't done his yearly maintenance on the thing in a long time in like 4 years. Grrr. 
He gave me other cheeky charges too, but I'm willing to accept I didn't clean the oven or cut the grass right before I left  ::)

I am so sick of landlords.  But I don't really have a choice. 
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Re: So over 2 months and no security deposit back
« Reply #7 on: September 03, 2009, 02:59:44 PM »
He hadn't done his yearly maintenance on the thing in a long time in like 4 years. Grrr. 
He gave me other cheeky charges too, but I'm willing to accept I didn't clean the oven or cut the grass right before I left  ::)

I am so sick of landlords.  But I don't really have a choice. 

Wait a minute.  I don't think they can charge you for a dirty oven or slightly long-ish grass.  They can only charge for things that are DAMAGED beyond normal wear and tear (ie: holes in walls, stained and unuseable carpet, broken furniture, etc).  Ovens get dirty.  Grass grows.  As long as the garden didn't turn into a forest and the oven didn't break due to having dirt in it, there is no issue here.
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Re: So over 2 months and no security deposit back
« Reply #8 on: September 03, 2009, 03:14:44 PM »
phatbeetle - will consult hubby on what you should do.  When did you move into property as that will determine whether you're covered by Tenancy Deposit Scheme rules or not.
BUNAC: 9/2004 - 12/2004. Student visa: 1/2005 - 7/2005. Student visa #2: 9/2006 - 1/2008. FLR(IGS): 1/2008 - 10/2008. FLR(M): 10/2008 - 10/2010. ILR 10/2010!!

Finn, 25/12/2009; Micah, 10/08/2012


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Re: So over 2 months and no security deposit back
« Reply #9 on: September 03, 2009, 03:25:04 PM »
phatbeetle - will consult hubby on what you should do.  When did you move into property as that will determine whether you're covered by Tenancy Deposit Scheme rules or not.

Thanks. I moved in 11 January 2008.
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Re: So over 2 months and no security deposit back
« Reply #10 on: September 03, 2009, 05:29:00 PM »
phatbeetle - will consult hubby on what you should do.  When did you move into property as that will determine whether you're covered by Tenancy Deposit Scheme rules or not.

NB phatbeetle is in Scotland which does not have a compulsory tenancy deposit scheme.

I seem to remember there is now a register that all landlords in Scotland have to sign up with though. If your landlord is being unreasonable or shonky you can report him and he may not be allowed to rent his property out any more.

http://www.adviceguide.org.uk/scotland/coming_soon_mar06_private_landlord_registration_scotland.htm


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Re: So over 2 months and no security deposit back
« Reply #11 on: September 03, 2009, 05:34:01 PM »
He hadn't done his yearly maintenance on the thing in a long time in like 4 years. Grrr. 
He gave me other cheeky charges too, but I'm willing to accept I didn't clean the oven or cut the grass right before I left  ::)

The friendly neighbourhood boiler lady here ...  please tell me that it wasn't a gas boiler?  He didn't to the LEGALLY required yearly gas safety checks on your boiler?
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Re: So over 2 months and no security deposit back
« Reply #12 on: September 03, 2009, 06:24:31 PM »
Scottish law regarding landlords and tenancies is slightly different.

He will have had to register with his council in order to legally let the place.

PB, if you click on on that link it links you to the entire Shelter Scotland site, which may be a bit more helpful.

Let me have a dig on the Law Society of Scotland site as well.

The laws make it easier for a Scottish landlord to evict a squatter, for example, and to charge more for a deposit than is possible in England or Wales. 


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Re: So over 2 months and no security deposit back
« Reply #13 on: September 03, 2009, 06:31:25 PM »
They still have to do gas safety checks though don't they?


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Re: So over 2 months and no security deposit back
« Reply #14 on: September 03, 2009, 06:39:09 PM »
Crap, yeah I realised after I asked DH for advice that you are in Scotland, where things differ slightly.

The best info I can find is you will have to file through a small claims court to get your deposit back if he still refuses.  I wouldn't take deductions for anything that did not happen during your tenancy, i.e. the boiler, as that's utterly unfair.  Also, like WestHighlandWay posted, you can also complain to the council who hold a register of landlords.  If he's NOT registered, then he'll get hit with a £5k fine!  Oftentimes, just being served court papers scares people enough that he'll refund you.  Talk to CAB if you plan on going to small claims.

Also regarding the gas safety: similar to England/Wales, he has to do this every 12 months.  Failure to follow is a criminal offence and you should report him to HSE ASAP.

Best advice is to not take this lying down!  You are owed that money and should not let him get away with being a bully.
BUNAC: 9/2004 - 12/2004. Student visa: 1/2005 - 7/2005. Student visa #2: 9/2006 - 1/2008. FLR(IGS): 1/2008 - 10/2008. FLR(M): 10/2008 - 10/2010. ILR 10/2010!!

Finn, 25/12/2009; Micah, 10/08/2012


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