Tenancy Deposit Scheme and Tenancy Notice to quit

[LiverpoolTenant]

Hi All,

 

I originally moved into a property on the 31/05/08 and after 'encouragement' by the CAB, the landlord finally paid my deposit (£750.00) into one of the schemes on the 27/02/09. On 27/02/09 I also gave my notice to quit the accomodation on th 31/03/09 (this month). My tenancy contract is between myself and my landlord, but set up by an ageny on a 'let only' basis. I notice within the original documentation that the Agency look to charge the tenant £120.00 for checking out the flat upon vacating. Two questions have arisen: -

1. Now that the landlord has paid the deposit into the scheme, am I still able to proceed with an action via the small claims? What are the timeframes for this i.e. could I enable action in a few months time post vacating the property and having received the deposit?

2. Given that my contract is between myself and the landlord, are the agency able to deduct the £120 from the deposit?

 

Help much welcomed.

 

Many thanks all.

[help me kick his butt]

Hi there. Although the guidelines say that the tenant should have the prescribed information within 14 days, if the LL has protected your deposit before the court hearing the judge "usually finds in the favour of the LL.

[LiverpoolTenant]

Great thanks