Deposit Dspute - Deposit Protected at end of tenancy

[Tristesse]

I have a problem with the letting agents for our previous home regarding the return of a deposit the story is as follows:

 

This morning i recieved a call from the agent who was inspecting the property, they stated that the property was is a poor state of cleanliness and they would be witholding a large part of the deposit to get cleaners in (stated approx £600). I wholly dispute this as we spent two days cleaning everything from the carpets to the walls.

 

I asked the letting agent which scheme the deposit was protected in, they stated the TDS. I contacted the TDS who had no record. I then contacted the other two for good measure - no record.

 

On advice of TDS i contacted the agent for the reference number, they could not find it but half an hour later left me a message with a number.

 

I checked this number online and found it to be a closed account for a property we rented 2 years ago (this deposit returned in full) so i contacted TDS to see if they had transferred it in some way, they hadn't.

 

A while later i wanted to check one more time with the TDS and this time they found the deposit registered today @ 2:32pm. I explained to the TDS that the tenancy expired last week.

 

I called the agent back and told them the number provided earlier was for the place we rented two years ago, our mistake they replied we will try and get the new reference. No need i said as i had contacted the TDS but what confused me i explained was the fact the deposit had only been registered today. They replied that they couldn't understand that and would look into it and get back to me.

 

The agent phoned my wife (stating they had left me numerous messages - i had none) and that a 19 year admin assistant had remembered that over a year ago she had forgot to register the deposit and had indeed just got round to it - amazing, they stated there was no deceipt at all and said that actually the place wasn't so bad and would she like to go back into the house to clean some cobwebs and then they would return the deposit.

 

I'm feeling very bitter about this and am considering going for the full penalty. I would like some advice as to wether this is practical and also if my wife should go in tomorrow to clean some cobwebs.

 

Any advice would be much appreciated,

 

Sincerely

Tristesse

[MrShed]

In these circumstances, I feel the best thing is to simply accept the deposit and be done with it.

 

If the deposit is protected before any court case, it is very unlikely that a court will entertain any claim.

 

You may have grounds under the failure to adhere to the prescribed terms of the TDS - but I personally wouldnt want to chance it.

[Tristesse]

Thanks for your advice MrShed, does this count even though the tenancy has ended? A tenancy ending 06/03/10 should surely not be allowed to have the deposit protected 09/03/10 as this would make a mockery of the whole idea of a protection scheme?

 

I would not consider going for it on prescribed terms alone.

 

Many thanks

[MrShed]

It does count as far as I am aware - although bear in mind that test cases are few on the ground as of yet.

 

Although it does make a mockery of the scheme to an extent, you are now protected - as such, you have no actual loss. Therefore, in the absence of absolute clarity on the law due to a test case, any judge is likely to be sympathetic to the landlord on a non clear cut case such as this.

[Tristesse]

Thanks MrShed,

 

You are quite correct and i see it as no actual loss either, if my wife was to take the keys back to remove the cobwebs i assume in the eyes of the law we would be doing no wrong? The only reason i ask is i have after today lost complete trust in the letting agent through what i deem to be deception on their part.

 

The last thing i would want is for them to make another claim to the tune of of the last one because she has been allowed back in.

 

Cheers

Tristesse

[MrShed]

I think that is a fair point.

 

I understand that emotions run high, but I suspect deception is too strong a word - cackhanded is probably a better one

 

In any event - yes, I think you should tread relatively carefully before re-entering the property. I would simply ask them to put in writing when collecting the keys that you have permission to enter the property for cleaning purposes. Alternatively, you could always record the conversation on a mobile phone or similar.

[Tristesse]

Thanks again for your reply i shall certainly do that, agreed that i'm probably reading too much into the situation just a long day ringing round the schemes etc when an admission followed by resolution in the first instance would have been enough to solve the problem for me.

 

I'll let you know how we get on.

 

Thanks again

[MrShed]

You are welcome.

 

I understand that its annoying, and they have clearly acted badly.

 

But I think its more a point of them dropping a rather sizeable ball and trying to pick up the pieces, rather than deliberately leading you up the garden path.

 

As such be cautious when going in, but dont be paranoid - if that makes sense.

[Tristesse]

Small update,

 

We returned to the property and carried out the required tasks, on returning the keys the LA asked who to make the cheque out to so i'm starting to think we may receive a cheque in the post.