Served with S21 Requiring Posession

[MartinPC]

Hi People,

 

I've read the "Unfair Deposit Deductions" thread, in particular that if there is no initial inventory then the landlord has no grounds for deducting from deposit for condition of property, but I'm seeking, before responding to the agent/landlord, clarification if this makes such a deduction illegal and/or if the TDS will agree regarding no inititial inventory etc.

 

Here is my scenario:

 

My 6 months tenancy came to an end during April, whilst the landlord had appointed an agent to find tenant(s), and my deposit was paid to, and held by, the agent the landlord thereafter managed the property and thereafter my rent payments were paid directly to the landlord.

 

Upon vacating the property the landlord & wife and myself all did a walk round inspection of the property, all was sound and indeed the landlord thanked me for taking good care of the property, the landlord asked for, and I provided, my thereafter contact information and indeed we subsequently exchanged emails just clarifying the utility providers, I mention this as there can be no subsequent excuse why he should not contact me relating to other matters.

 

Since vacating the property I have been mega busy doing other things, and unfamiliar with TDS procedures regarding the return of the deposit, and 3 weeks after vacating the property I emailed the agent to enquire regarding why my deposit has not yet been returned.

 

The agent, one afternoon, informed me of the TDS procedure but the following morning, obviously having then been in contact with the landlord, then informed me that a deduction from the deposit will be made for a dirty carpet, there was no dirty carpet at the time I vacated the property and they are only informing me of this 3 weeks after the event and only, now, because I have requested the return of my deposit!

 

I'm seeking advice before I respond to the agent, or landlord. Before even getting down to the nitty gritty there was no initial inventory made and/or I certainly didn't sign any inventory, is this sufficient to win the argument that I am about to raise, will the TDS back me merely on the fact that there was no inventory or do I need to go further regarding the departure inspection being passed with only compliment and I not being informed of a supposed dirty carpet until long after departure and only when I ask for the return of my deposit?

 

Thanks

[Guest Old_andrew2018]

I notice that you have not received replies I am not expert, however can I suggest that you look around the forum there are similar scenarios to your own.

Consider inviting some of the experts to visit your thread, to do this send a PM with link to the thread, finally look at posts by kentish lass, she has some expertise in this field.

 

Andy