Will we be able to get our deposit back?

bramble1

I had a look at my agreement at home, it doesn't mention a timescale for letting us know about any deductions, only that deposit will be returned within 28 days in full if there is no dispute.... Do we wait for 28 days to be up and ask them politely for our money back? Is it up to us to chase for our money back or if they've got a problem with handing any amount of the deposit back, should they first be in touch with us to inform us?

bramble1

Just bumping this, because i really need some help!!

Fire_Fox

Have you checked on the deposit scheme website yet? They must have an FAQ section. Or try:
http://england.shelter.org.uk/get_advice/paying_for_a_home/tenancy_deposits/deposit_protection_schemes
http://www.direct.gov.uk/en/TenancyDeposit/index.htm

bramble1

3 weeks have passed and still not heard a thing! Legally where do they stand with not telling us about deductions after this length of time?

Is there any template for a letter I can write asking them about the whereabouts of my deposit?

BitterAndTwisted

In the first instance I would write them a letter sent by Recorded Delivery asking for details of any monies being withheld from your deposit as mentioned by them and as previously requested by you on the phone. There's no need for a formal template, just ask the question. Once you receive your reply, you will know what to do if you post back on here with their response.

Fire_Fox

I wouldn't mention any monies being withheld from the deposit - if the letting agents haven't bothered to put their concerns into writing within the allotted time that is their lookout!! Don't write anything that could be construed as you accepting damages, just ask for your deposit to be returned immediately.

bramble1

just had voicemail from EA apologised that it's taken over a month to get back to us but that they need to make deductions for

further cleaning that needed to be done - stated in our contract we'd get people to clean carpets and walls - we did that and cleaned rest of house our selves - house was appauling when we moved in anyway


Damage to carpet

Gardening - we agreed that we wouldn't have to mow the lawn when we moved due to the terrible weather.

Not had this in writing just a voicemail and no ammounts were mentioned

Not sure what to do next...

clutton_2

send him an email now, asking for clarification of his voice message and ask for a written itemised list of deductions and costs by next Tuesday.....

bramble1

I've been told i'll get a list of costs asap.

The extra cleaning might not take place if the new tennants have moved in (not sure why she didn't know if they'd moved in yet or not!)

N79

If the cleaning does not take place (even if it was a fair deduction) then the LL can not charge a T for it. A LL can only charge for actual costs incurred.