Monday, 17 June 2019

Deposits And Departure Gates!

Heyy, 

In a few days from now, I will be probably writing from you in the hotel lobby or maybe by the pool of our holiday apartment in the centre of Malaga, Spain. Sipping on cocktails and sunning myself in the warmer weather I will certainly be glad of the break, especially since it has been a couple of years since mine and Mr Warehouse's Tenerife break! What with saving for a house, my mental health issues and every spare penny going towards our new home Mr Warehouse and I decided against a summer break in 2018. That being said it was not exactly planned this year either, what with the wedding less than a year and a half away now I expected to be ploughing every penny we had not only into our new home but also towards the wedding of our dreams. That would have been the case until Mr Warehouse gave me an ultimatum back in the dreary depths of March. "What will you do with the money?"

It all started when we moved out of our little starter flat in Bedford town centre. We had just received our new keys when we had noted that days earlier paid our rent for the next month up until the end of November 2018. 
"Don't suppose you could give us half of it back and we can be out in a fortnight?" I asked my Landlord cheekily. He didn't agree, although I knew he wouldn't. I had, along with my new fiance, a month to move our things out and clean the property ready for the Landlord's new tenants. Clearing most of our stuff in one weekend we made sure to give the flat a good solid three days worth of cleaning, scrubbing every skirting board, every wall, every tile to make sure it was spotless. 

I had been relying on my £400.00 deposit money coming back to me before we had bought a lot of the home stuff we needed and as Christmas approached it would have been nice to maybe go somewhere or just have a more enjoyable festive period, especially after the year Mr Warehouse and I had just battled. And on checking out with the Landlord everything seemed to go swimmingly. There were a few items that needed to be collected and taken care of furniture wise however on returning the keys the Landlord mentioned that the carpet may need changing and he agreed that he would find a few quotes and be in touch with a price so I knew how much of my deposit would be used, something we reluctantly agreed to. As the festivities got underway Mr Warehouse and I was able to even steal a weekend away to Bournemouth with our eldest. Soon enough Christmas arrived as did New Years and without a moments thought I realised it had been well over six weeks and I had still to hear anything from my ex-landlord regarding my deposit and what he thought was appropriate for a carpet that needed replacing waaaay before I moved in. 

I called and called and called but nothing; texting every time I left a voice mail, just in case he was out of the county or not able to answer a call. After several weeks I tried emailing, however the email I had just kept bouncing back. Hell, even Mr Warehouse had gone round to the Flat after work some nights just on the off chance he may be there but still nothing. Clutching at straws at the beginning of January this year I called the estate agents that originally dealt with me in letting the penthouse flat in the same block. They were helpful and put me in contact with the DPS, Deposit Protection Scheme. Since April 2007, a landlord must put the deposit for the property you are renting into a government-backed tenancy deposit scheme (TDP). This gives the landlord or letting agent's assurance that the tenants will meet the terms of the tenancy agreement, not cause damage to the property and pay the rent/bills. 

Finding out where my deposit was the first thing, next was trying to get it back. I found out, again through the helpful lettings agent, that my landlord must have returned my deposit within 10 days of us both agreeing how much you’ll get back. Since it was January and I had heard absolutely nothing since I handed back my keys there was only one thing left to do - Raise a dispute. I was told it would be pretty easy since it was clear that I had made every effort to try any other means of getting this resolved and had the texts and phone calls to prove it. And so I put pen to paper (well fingers to keyboard really) and filled in the online application form with ease. A few days later I had a response and was told that the Landlord / Agent would have a right of reply and that this would be allowed up until the beginning of February, three-weeks away. Should what I thought the inevitable would be and that there was no response from the Landlord then the DPS would look in favour to the tenant and in most cases award the full amount back to me. I was anxious but confident I had done everything I could. 

Within a day or two of logging a deposit dispute, I had a text from my ex-landlord, asking if we could meet at the property the following day to discuss the deposit issue and collect the "piles of post that was building up". I explained that the following day was not convenient and since I had been trying to get ahold of him for months now that he would have to wait until the weekend when Mr Warehouse and I would be free. I never heard back. 
Friday afternoon of that week came and I received another text message asking about the time Mr Warehouse and I would be meeting my ex-landlord at the property. I explained that since I had not had confirmation that I had assumed it was inconvenient and had made other plans for the weekend. I had instead agreed that I could meet him at the property, along with my fiance after work that day but that we needed to be finished by a certain time as we had somewhere to be, a lie but I didn't want to be waiting around for hours. 

Incidentally, on arriving at the flat, rushing there from work in 4pm traffic, my ex-landlord still did not show up for a further forty-minutes, only to arrive and announce he had forgotten the keys so needed to return home to fetch them, delaying the meet by a further half hour or so. During which time I took a look through the windows of my once precious abode. I was horrified to see that in the darkness of that January evening my ex-landlord had completely decked out my old gaff with new carpets and even painted the walls. Terrified he was going to try and charge me all of this, I thought it best to call the TDS and get some advice on how best to proceed, considering I had already filed a dispute. They explained that despite the ex-landlord fully fitting the flat out he would not be able to put that charge to me, even if they were cashmere carpets and golden paint (of which they were certainly not)! 

It was at this point that I also found out to my shock that legally my ex-landlord could not ask for any of the deposit to be used on the downstairs flat. You see, when I first moved into the block I rented the top floor 1-bedroom apartment and loved every moment of it. I paid a £400.00 deposit and then a year or so later when the ground floor property came up for rent I initiated a conversation to my Landlord and asked if I could have the first refusal. He agreed and since I had been a good tenant and always paid my rent on time with never any issues he agreed that the deposit for the penthouse apartment would simply be used for the ground floor one and so nothing more was said. Although that had not been the case as the Landlord have never moved the deposits over and for the sake of a letter at the end of the numerals (I moved from A to B), there was nothing he could do. 

And so as the van pulled into our old street again for the second time that evening I was relieved to know I had the upper hand and that every penny of that £400.00 I scrimped together for back in 2013 was coming back to me one way or another. A snotty and rather uncomfortable chat with the ex-landlord ensued, something in which I sound recorded on my phone simply for evidence should I have needed it. He accused Mr Warehouse and I of not cleaning the flat and leaving it in a "diabolical state" claiming that there were holes left in walls, paint jobs messy (from the tenant before me I must add) and that the carpets were threadbare and in need of replacement since they smelt like dog and were damaged. Offended I explained about how difficult it was to get hold of him and he brushed it off stating that it was "no excuse for how you left it". Some bully tactics took place and at one point he asked us about coming back to clean the oven, which in all fairness we had forgotten totally about until he brought it up. 
"Well," I started, knowing I was fully going to fucking win this. "Considering we had not been able to reach you for several weeks that had turned into months, I was not wholly confident you were going to turn up this evening and even then I was not sure what to expect so, therefore, have not come equipped with any cleaning tools, however, if you would like both of us to come back at a later date and clean this and anything else we would be more than happy to do so." I finished. This caught him off guard completely and maybe expected me to roll over and just agree to be billed. It was at this point he made some excuse about not wanting the hassle and that he would just arrange it himself. On getting down to the crunch however my ex-landlord reeled off the long list of thing we had left for him to clear and clean up, mainly redecorating works which needed to be done really in order for the property to be let again in a reasonable state. 

"I have had to pay out over £400.00 for the work I have done here and I would say I am being fair in only asking for half of it back from your deposit? Don't you agree?" the ex-landlord ushered to Mr Warehouse. My fiance, big and strong, chest puffed out like a peacock stood his ground and reiterated what I had said time and time again stating that this was out of our hands and that it was going through a deposit dispute with the TDS. 
"Well, we only have to tell them what we want them to know," the ex-landlord said slimily trying to claw back some money from his crappy paint job and cheap carpet. 
"Besides, who are they more likely to believe?" he ended. Then, awkward silence. 
"We need to think about it" I ended the long period of silence with explaining it was now a joint decision and that I needed to discuss it with my new fiance and come back to him knowing full well I wouldn't and would eventually walk away with my money, rightfully mine. 

And true to that, I did. A few weeks later I received an email in my inbox stating that despite timeline and numerous attempts to contact the Landlord /Agent even past the cut-off date for a right of reply, I was being awarded my full deposit back to me. The money landed in my account within a few hours. A couple of days after the TDS settled the claim I received a call from my ex-landlord. I was in the hairdresser's chair so could have answered but in any instance, I would have been at work and so screened the call. I listened to the polite and slightly sinister voice mail, demanding I contact him as a matter of urgency regarding the "damage" to his property and to discuss the "deposit issue" suffice to say that I did not return his call. Instead, I blocked his number and booked a holiday! Malaga here we come!

'Til next time, Love A.Lou xx

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