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lala1978

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  1. Hi everyone, Hope you can help. We moved into a property in mid 2003 and paid £2100 deposit to the letting agent. There was an inventory done and it stated heavy marking to carpet through out, scuffs and W&T on walls, as well as various other general W&T. Every year we have signed a new tenancy agreement, until last year starting 1st dec 2007 ending Nov 2008. Before the end of the tenancy the letting agent called, as they did every year, and asked if we would be signing for another year. We said no. The landlord called later and asked if there was anything he could do to get us to stay, we said no. We moved out the day the tenancy ended and used the cleaners the agent suggested at a cost of £400. The check out report was done on 15th Dec but was not emailed to me, after many times of asking, till 29th Jan 2009. The landlord then emailed saying he was going to deduct over £1300, which I stated that I disputed. Now, when we moved out the carpet did have some extra stains, but it was already in need of replacement when we moved in. It did require repainting, but after 5 1/2 years and it being in only fair condition when we moved in, you would expect to have to repaint. In all the time we were there the only repair was to replace a fridge when it broke, and a dishwasher when that broke down. He sent us a cheque for the £790 that wasnt taken from the deposit, but when we sent a solicitors letter he cancelled the cheque and now says he made a mistake sending it as he got the figures wrong and requires all the deposit. Im really confused how he can pay back any money, shouldnt the deposit still be held until we agree on deductions? We have opted against mediation and decided to go straight to small claims as i he didnt notify us with in correct time scale for deductions. Is this right? We are ment to be going to court in a few weeks but i didnt know about the TDS until reading here. We were never notified about where it is being held, apart from that the agents were the deposit holders. Sorry if im being really stupid, I just dont understand.....if we were in teh TDS how could they send a cheque for £790 if we havent agreed to the deductions?
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