Estate agents deposit 14 day clause.

Dodge_c_uk

Hello,

I have just moved house, my tennancy agreement specifically states that they have 14 days after the end of the tennancy to notify me of any deductions and 28 days to return the deposit.

30 Days after the tennancy has ended I have recieved a letter to say that they will be deducting £80 from my deposit.

Now this isn't a great sum, but I have kept to my end of the agreement. Do have I the estate agents over a barrel here, with them not complying to the terms that they themselves have set out.

If so I am a little unhappy that they would try and take monies from me that they are not legally entitled to.

Any advice welcome, they have given me a rather unfair ammount of time to protest this, the letter arriving on a Friday and I have until Wednesday.

DVardysShadow

No, you don't have them over a barrel, you just have them being a bit slack.

If so I am a little unhappy that they would try and take monies from me that they are not legally entitled to.

Their entitlement to your £80 derives from how you left the place or not and you should argue for your £80 on that basis or not. If you argue on the basis of 2 days late, it is going to give tehm an easy let out that you did not think you had left the place in good order, or else that is what you would have argued.

Dodge_c_uk

That is true but they have breached their contractual obligation.

Does their right to deduct money, regardless of the state of the property get supceeded by this.

Meaning that although there was fault in the property that required the deduction of £80 they have 14 days to let us know, they did not do that.

DVardysShadow

If the argument is for £80 over the condition you left the place in and you think that it was not £80 worth, then it should be followed through. But if it is an argument for £80 over whether they met a 14 day deadline, it is a much longer shot and on the whole, you are less likely to prevail if the £80 is justified had they met the deadline. Your call on this one.

loulou41

A friend of mine got a full refund and was really surprised. It says in her contract " The Member must tell the tenant within 10 working days of the end of the tenancy if they propose to make any deductions from the deposit." She has not heard anything after three weeks and told EA since they have not been in contact, she assumed she will get the full refund. She did and was surprised as there was so issues about not cleaning windows and light cleaning like light switches has got finger arks, how petty can you get. The floor although it has been mopped feels sticky, she wiped the floor with a tissue and ran her fingers on the window sill to check for dust. I do agree with DVardysShadow. £80 is not a lot.

Dodge_c_uk

loulou41 wrote: »

£80 is not a lot.

Im sorry, it is alot to me.

loulou41

I did not mean it that way, I meant to say £80 is not a lot if EA decided to deduct from your deposit. They always find something to pick at. I guess it depends how much your deposit is. My friend's deposit was £900 and she was prepared at least to have £200 deducted. You could argue they have not met the 14 days deadline and since you have not heard anything, you presumed you are getting your full deposit. Did you find out why EA is deducting £80. You could try it and let us know how you got on.