Another deposit question!!!

Nick_Mo_2

Morning,

any advice/info appreciated;

recently moved out of a long term let. All rules and notices observed.
The property was routinely observed in August and was given a clean bill of health. Gave keys in one day early for the convenience of the letting agent, infromally told everything was fine and final inspection highlighted no problems.

Approaching two weeks now and no return of deposit. Have now enquired and letting agent now says some of the furniture we left will have to be removed before we are refunded. Despite a written request to be informed of any problems at the hand over some 10 days earlier.

Furniture concerned is stand alone bedroom units (3 of). Although they are quite happy to retain the carpets, curtains and other pieces of furniture?

Now I'm not retiscent in going to the small claims court should this go sour, but I was hoping to be forearmed when I return next week. I'm undecided whether I should just remove the requested furniture or all additions made in their entirety including shelving.

Questions;
1. the deposit was given two years ago, should it legally be in a TDS or does this pre-date the requirement. What rights (if any) do I have in enquiring where the deposit actually resides?
2. the agents T+C's state the deposit will be returned on satisfactory completion of tenancy - what the hell does that mean?

Thanks

silvercar

1. The magic date is April 2007. Before that time you have no rights to know where the deposit is held. After that time you need to have been told in which deposit scheme it is registered.

2. It would include you moving your furniture out. The property needs to be in the same state it was when you received it, less reasonable wear and tear.

stick2000

Your deposit would only have been put into a protection scheme if a new contract was signed after April 2007. If you signed a new agreement after this date you would (or should) have been issued with the prescribed information under section 213. This would show where your deposit is held.

If you did not sign a new contract after April 2007 then I'm afraid your deposit did not require protection.

Is the furniture yours? including the curtains and other pieces of furniture? If they are then I would remove everything that is yours and leave only what was there when you moved in. You will need to contact the agent to gain access to the property. I would then put it in writing to them that you have done what was asked and request return of the deposit - this will be helpful if you do need to take things further as will act as evidence.

Nick_Mo_2

Contact signed ~ October 2006, have recently been on a rolling continuation. So that rules out the TDS.

Thanks for your help anyway - I'll endeavour to sort it next week.