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Letting Agent not returned depost after 3 weeks - WTD?

(6 Posts)
hf128219 Sun 14-Aug-11 09:16:47

We left our rented property on 21 July. There were a couple of things picked up on - a chipped wall and a stain on a carpet (estimate of repairs £72).

We have agreed to that. However we have still not had our deposit returned (this is 4K).

I emailed last week to say if I did not hear from them by the end of the week I would be contacting our solicitor. Nothing heard and now I am getting cross!

What to do next? Any advice welcome. Thanks!

hf128219 Sun 14-Aug-11 09:17:14

Deposit!

lalalonglegs Sun 14-Aug-11 10:41:28

You shouldn't need to go to the expense of legal action as your deposit should be protected by a tenancy deposit scheme (if you are in England or Wales - I'm not sure of the situation in the rest of the UK). Details should appear on your contract, so just get in touch with them direct and explain the situation.

Even if you do wish to go down the legal route, it will be cheaper to go through small claims court (as amount is less than £5,000). As you have already agreed to a small deduction, it is obvious that you are not being unreasonable and I can't imagine the TDS or court would rule against you - the onus is on the LL or EA to justify deductions and holding onto the deposit, not the other way round.

Good luck.

halfbabyhalfbiscuit Sun 14-Aug-11 14:37:29

lala's right - broadly speaking, if your tenancy is an AST (most are) which was entered into after 7 April 2007, the deposit should have been protected in a recognised scheme. The landlord/agent should have given you details about the scheme as soon as your deposit was registered there.

There are a few schemes but IME, the most used one is the Deposit Protection Service (because it's free!) www.depositprotection.com/ You can type in your postcode to see if your deposit is lodged with them.

If it isn't registered in any of the schemes, i'm pretty certain you (as a tenant) are entitled to compensation worth 3x the amount of the deposit.

More info is here www.direct.gov.uk/en/HomeAndCommunity/Privaterenting/Tenancies/DG_189120

You should ask the agent which scheme the deposit is lodged in and then contact the scheme to say that you've agreed to the £72 being retained, but the rest is to be paid back to you. The deposit holder will then contact the landlord to check if this is agreed. If it is, they'll pay you both the sums direct and if any part is disputed, they'll hold on to the disputed sum whilst you try to negoiate an agreement. In the meantime, any undisputed amounts should be repaid to you.

gregssausageroll Sun 14-Aug-11 16:38:41

Check your lease. Lots say up to 28 days to return the deposit.

hf128219 Sun 14-Aug-11 21:21:38

Thanks for all the advice. Will check the lease.

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