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No notification of deductions and 15 days have passed


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Hi,

 

Quick one. In my AST it says The Landlord or the Agent shall notify the Tenant in writing of any proposed deduction made under this Part of the Agreement within 15 working days of the end of the tenancy.

 

15 days has been and gone, not a word from the landlord or agent so I decided to drop the agent an email, advising that as I hadn't heard from either of them within the specified period I can only assume there are no deductions, and could they arrange for the full amount to be returned. They replied saying as they haven't heard from either of us they won't be releasing the deposit.

 

Question (or two): 1. I appreciate what the agent is saying, but in the absence of contact to either the tenant or agent from the landlord what happens? And 2. Does the landlord now lose the right to dispute as the specified period has expired?

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DISCLAIMER: My opinions are strictly personal, and should not be taken as a substitute for individual professional legal advice on your own particular situation.

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1) You are entitled to the deposit

2) No - he can still dispute.

  • Haha 1

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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Thanks MrShed. Funny thing is the landlord (and entourage) certainly knew where I was when they wanted something - barrages of emails and late night phone calls when I was a tenant. They also have my forwarding address too, so it's not like there's any excuse.

 

I assume the best thing to do now is drop the landlord an email cc'ing in the agent requesting they confirm they are happy to release the deposit? I am tempted to point out the 15 working days, but don't want to get too harsh quite yet.

If my reply or advice was helpful, please click the scales!

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DISCLAIMER: My opinions are strictly personal, and should not be taken as a substitute for individual professional legal advice on your own particular situation.

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Had the same problem, its over 2 months now, I rang the agents last week and she came up with some rubbish about the landlord freshening up the house so they didnt rent it out

 

I told her that had nothing to do with us and to sort out the deposit ASAP

 

next will be a letter asking for the same then it will be court, sick and tired of these leeches thinking its easy money.

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TP - exactly as summer said really is the way to continue!

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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Still no reply from the landlord, the agent is claiming this is a matter for the dispute resolution scheme they are a member of. However, as there isn't exactly a dispute in the amount of deposit returned, I'm not sure whether this is the best option - or even one legally mandated.

If my reply or advice was helpful, please click the scales!

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DISCLAIMER: My opinions are strictly personal, and should not be taken as a substitute for individual professional legal advice on your own particular situation.

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If the landlord isnt willing to co-operate, then yes that would be the next step.

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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Thanks MrShed. Literally just got an email from the agent with details of proposed deductions - so things are sort of back on track.

If my reply or advice was helpful, please click the scales!

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DISCLAIMER: My opinions are strictly personal, and should not be taken as a substitute for individual professional legal advice on your own particular situation.

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