Unfair deposit deductions: Must deposits be returned within a certain time?

[Louise 123]

My tenancy agreement says the Agent must tell me how much he intends to withold from my deposit (and exactly what for) within 14 days of my vacating. He didn't do this. It has taken him a month to get around to it, and he wants to withhold the lot! (He thinks with justification of course).

 

Does the fact that he has not notified me within the 14 days mean he has lost the opportunity to withold money from me and that any claims by him after the 14 days are unenforceable?

[Planner]

Does the fact that he has not notified me within the 14 days mean he has lost the opportunity to withold money from me and that any claims by him after the 14 days are unenforceable?

 

 

Come on, Do you really need that question answering?

 

Get in touch with what ever TDS scheme your deposit is held in and begin the arbitration process - I assume you are denying that you owe all your deposit - why not post the intended deductions and we can go through them?

[Bernard97]

My situation is similar to Louise's:

Landlord has not returned the deposit (states that he will get back to me in due course, in fact he claimed that it may take a long time to get resolved). Meanwhile, the house is on the market to be sold. My deposit is held by Landlord and has not been registered by any Deposit Protection agency as the rent was above the AST treshhold when tenancy started in 2007.

 

I vacated the property 2 weeks ago and there are no signs that deposit will be returned anytime soon. What to do next? How can I enforce the issue? Go to Court? What procedures to follow?

Thanks

[Planner]

My situation is similar to Louise's:

Landlord has not returned the deposit (states that he will get back to me in due course, in fact he claimed that it may take a long time to get resolved). Meanwhile, the house is on the market to be sold. My deposit is held by Landlord and has not been registered by any Deposit Protection agency as the rent was above the AST treshhold when tenancy started in 2007.

 

I vacated the property 2 weeks ago and there are no signs that deposit will be returned anytime soon. What to do next? How can I enforce the issue? Go to Court? What procedures to follow?

Thanks

 

In your particular instance you will have to go to court to reclaim the deposit as at the time, you where not and are not covered by the TDS scheme.

[Bernard97]

What is the procedure before going to Court and what Court to go to? How does one file a claim? And, what would be reasonable time before going to Court?

Edited November 12, 2010 by Bernard97
additional question

[Louise 123]

Dear Planner, Thankyou for your response. You imply that the answer to my question should be obvious, but I am new at this, and I am afraid it is not obvious at all to me, so I would really appreciate your view. The DPS sent me an email saying the Agent wanted 100% dedcution of my deposit, and I have responded that I do not agree. I think this means the matter is in dispute and the arbitration process now begins automatically under the auspices of the DPS. I will contact the DPS to clarify this. Thanks again, Louise.

[Louise 123]

Dear Planner,

When we get into the details of the deductions it gets a bit more complicated, but since you have been kind enough to ask, here goes! The main deductions being sought from me are:

1. Rent arrears £950 (one month): For 3 months of the tenancy the boiler was on the blink and for 3 to 4 days a week I had no hot water or central heating. (despite repeated visits from the plumbers). I repeatedly asked for a rent reduction to reflect this but was either ignored or denied. In frustration, and in an effort to get them to negotiate, I withheld the last month's rent. It didnt work, they still ignored me!

2. Cleaning £150: Despite the fact that I spent the last month cleaning and scrubbing (including employing a prefessional cleaner), they brought in more cleaners after I left. (Must have been the easiest £150 the cleaners ever made)

3. Carpet Cleaning £95: As required by my lease I employed professional carpet cleaners to clean and deflea the carpet (I have a cat, although she doesn't have fleas). I gave the Agent the receipt. Nevertheless they brought in more carpet cleaners after I left and did it again.

4. Repairs to 6 dining chairs £510: My cat had put tiny pin prick sized holes into 3 of the six dining chairs bought in 2002. These are habitat chairs currently available at £140 each. When I moved in, in mid 2008 when the chairs were 6 years old, their writtten down value would have been about zero!

 

I cant help thinking they are being a bit vindictive because I upset them by complaining about the hot water/cenrtal heating.

 

Any thoughts most welcome. Thankyou for your help so far.

 

(PS I am still hoping that if the deductions are time limited and therefore unenforceable, perhaps that is the best way out for me)

[Planner]

Dear Planner,

When we get into the details of the deductions it gets a bit more complicated, but since you have been kind enough to ask, here goes! The main deductions being sought from me are:

1. Rent arrears £950 (one month): For 3 months of the tenancy the boiler was on the blink and for 3 to 4 days a week I had no hot water or central heating. (despite repeated visits from the plumbers). I repeatedly asked for a rent reduction to reflect this but was either ignored or denied. In frustration, and in an effort to get them to negotiate, I withheld the last month's rent. It didnt work, they still ignored me!

 

There are certain procedures for witholding rent - in brief withold it and get the work done yourself. You owe £950.

 

2. Cleaning £150: Despite the fact that I spent the last month cleaning and scrubbing (including employing a prefessional cleaner), they brought in more cleaners after I left. (Must have been the easiest £150 the cleaners ever made)

 

What does the original inventory say about cleanliness at the start of the tenancy? Did you get pics of how clean it was when you left?

 

3. Carpet Cleaning £95: As required by my lease I employed professional carpet cleaners to clean and deflea the carpet (I have a cat, although she doesn't have fleas). I gave the Agent the receipt. Nevertheless they brought in more carpet cleaners after I left and did it again.

 

In my opinnion you didnt owe this. Hope you have a copy of that recipt.

 

4. Repairs to 6 dining chairs £510: My cat had put tiny pin prick sized holes into 3 of the six dining chairs bought in 2002. These are habitat chairs currently available at £140 each. When I moved in, in mid 2008 when the chairs were 6 years old, their writtten down value would have been about zero!

 

They cannot charge you full price for their replacement. What does the inventory state about their condition?

 

I cant help thinking they are being a bit vindictive because I upset them by complaining about the hot water/cenrtal heating.

 

Any thoughts most welcome. Thankyou for your help so far.

 

(PS I am still hoping that if the deductions are time limited and therefore unenforceable, perhaps that is the best way out for me)

 

As far as I can see at the moment, you owe £950.

[Planner]

Dear Planner, Thankyou for your response. You imply that the answer to my question should be obvious, but I am new at this, and I am afraid it is not obvious at all to me, so I would really appreciate your view.

 

No it doesnt mean any claim they make is invalid - they have simply chosen to ignore it, the same way you have chosen to ignore the contract clause concerning rent payment - doesnt mean they cant claim.