Can anyone advise me on disputing deposit deductions?

kitrat

I've just received a letter from my old letting agent with their proposal to take some of my deposit plus an admin fee (to both myself and my partner, the other tenant - they want to charge an admin fee to each of us).

I'm going to dispute this. How do I go about doing this, what are the time frames I need to abide by?

Firstly I'm going to write a letter to the letting agent explaining that we're disputing it and why.

Do I need to contact the tenancy deposit scheme at this stage, or is that just if I can't settle the dispute with the agent first?

BitterAndTwisted

You attempt to negotiate with the LANDLORD first, and then if you can't reach an agreement then you claim the whole of your deposit back from the scheme. In order to make a deduction the LANDLORD will have to either go through the scheme's arbitration procedure once you've disputed their deduction, or go to court.

Is this admin fee mentioned in your tenancy agreement anywhere? They can't just make up fees as they go along. What precisely is this admin fee charging you for?

kitrat

BitterAndTwisted wrote: »

You attempt to negotiate with the LANDLORD first, and then if you can't reach an agreement then you claim the whole of your deposit back from the scheme. In order to make a deduction the LANDLORD will have to either go through the scheme's arbitration procedure once you've disputed their deduction, or go to court.

Is this admin fee mentioned in your tenancy agreement anywhere? They can't just make up fees as they go along. What precisely is this admin fee charging you for?

As far as I can see there has been no mention of an admin fee in any letters prior to this one stating deductions ( I received one about checking out and what needed to be done), I will check my contract in a second. It just says 'admin fee', no explanation but I guess theyre trying it on for the cost of sending the letter.

kitrat

Sorry it says the admin fee is for co-ordination and processing of the invoice.

G_M

Write to the LANDLORD at the address provided "for the serving of notices" requesting the return of your deposit in full within 5 days. Refer to the agent's proposed deduction and say you do not accept this.

Claim the full deposit from the scheme. Which one is it? Look at their website for the relevant process, and also refer to the 'Prescribed Information' you were sent went the deposit was first registered.

kitrat

G_M wrote: »

Write to the LANDLORD at the address provided "for the serving of notices" requesting the return of your deposit in full within 5 days. Refer to the agent's proposed deduction and say you do not accept this.

Claim the full deposit from the scheme. Which one is it? Look at their website for the relevant process, and also refer to the 'Prescribed Information' you were sent went the deposit was first registered.

Right, the property is part-managed by the letting agent and they have said in writing that to disagree with the deposit deduction we must write to them, not the landlord. We don't have the landlords address, all communication has always been via the letting agents.

We have never been informed of which scheme it is, I am asking them to forward me the details. They do at least seem competent enough to protect the deposit, they have so many tenants on their books (student letting agents) that it seems unlikely they could routinely get away without doing so. You never know though?

G_M

Well then you are on a winner!

We have never been informed of which scheme it is

unless your deposit was registered within 30 daysof receipt AND you were given the 'Prescribed Information' then they have not complied with the Housing Act and Localism Act and you can claim 3 times the deposit as penalty.

See:
Deposits (Rules on deposit protection)

Localism Act 2011 (section 184 - updates to deposit scheme rules) Plain English explanation!

Housing Act 2004 (Deposits see S212 ) -note, amended by localism act.

we must write to them, not the landlord

Yourcontract is with the landlord. The agency is just.... his agent.
1) by law (Landlord and Tenant Act 1987 ) you must be given an address "for the serving of notices" on the LL. True, this may be c/o the agency, but this is where you MUST write, so look it up and use it.

2) Also by law ( Landlord & Tenant Act 1985 ) if you write and ask the agent for the LL's actual address, they must provide it within 21 days.

kitrat

G_M wrote: »

Well then you are on a winner!

unless your deposit was registered within 30 daysof receipt AND you were given the 'Prescribed Information' then they have not complied with the Housing Act and Localism Act and you can claim 3 times the deposit as penalty.

See:
Deposits (Rules on deposit protection)

Localism Act 2011 (section 184 - updates to deposit scheme rules) Plain English explanation!

Housing Act 2004 (Deposits see S212 ) -note, amended by localism act.

Yourcontract is with the landlord. The agency is just.... his agent.
1) by law (Landlord and Tenant Act 1987 ) you must be given an address "for the serving of notices" on the LL. True, this may be c/o the agency, but this is where you MUST write, so look it up and use it.

2) Also by law ( Landlord & Tenant Act 1985 ) if you write and ask the agent for the LL's actual address, they must provide it within 21 days.

Thanks for the help, is that for sure? If they told us the scheme now despite not telling us earlier I feel like any court would disapprove of their actions but not necessarily award us all the money back? Thanks again.

G_M

kitrat wrote: »

Thanks for the help, is that for sure? If they told us the scheme now despite not telling us earlier I feel like any court would disapprove of their actions but not necessarily award us all the money back? Thanks again.

Read the links.

They are provided so you don't have totake the word of a stranger on a forum- you can see the rules/law.