More deposit deduction Qs

kitrat

The letting agent I was with who part-managed the property I've just left are proposing deposit deductions which I am disputing.

They wrote in their letter which first set out the deductions that I must reply within 7 days if I disagree or they'll assume I'm fine with it. Is this time frame set out in law or is it something they've pulled out of their backsides?

It's just I'm getting a bit antsy. They wrote the letter on the 1st. I received it on the 3rd. I wrote a letter which I sent on the 4th first class signed for delivery which you'd think anyone reasonable would have expected to arrive the next day or maybe the day after, but noooo Royal Mail apparently don't work in the same world as the rest of us and the letter isn't going to be getting there any earlier than the 8th.

Now I'm worried that the letting agency are going to say 'oh well it didn't get to us in time we're taking the money'. Can they do this?

I mean I think it's reasonable to count the seven days from the 3rd when I received it, but I bet they'll count from the 1st.

I've tried sending them an email copy of the letter but they rather conveniently are rejecting all my emails from being delivered (at a time of year when all the student tenants will be having deposit deductions). So I've asked another branch of the agents to forward it to them. But I'm worried they'll just say they never got it.

Help! Please calm my fears!

LEJC

Are you able to go to the letting agency in person on monday to discuss...
If not could you telephone them to confirm recept of the letter...in my mind if you have dated the letter 4th and its a postal issue that its not been received then I would say you have taken reasonable steps to reply within 7 days as instructed and you have sent it to them in a secure manner

Im sorry i can offer no advice as to whether the time limit is a legal obligation or not...but hopefully those who are wiser than me will.

kitrat

LEJC wrote: »

Are you able to go to the letting agency in person on monday to discuss...
If not could you telephone them to confirm recept of the letter...in my mind if you have dated the letter 4th and its a postal issue that its not been received then I would say you have taken reasonable steps to reply within 7 days as instructed and you have sent it to them in a secure manner

Im sorry i can offer no advice as to whether the time limit is a legal obligation or not...but hopefully those who are wiser than me will.

Thanks! Yes I think what you've said would be the fair response. I can't go in but I could ring them. Just didn't want to as it was an angry letter and I don't want to get sucked into any conversation on the phone. But I guess I'll have to.

[Deleted User]

You can just ignore their letters if you so desire, deposit deductions can only be done through the deposit protection schemes mediation process if you refuse... if your deposit wasn't protected then they owe you the entire thing (and then some) and if they want to recover expenses from you for the state of the property they'd have to go through small claims.

Do you have information on the deposit protection scheme used?

kitrat

citricsquid wrote: »

You can just ignore their letters if you so desire, deposit deductions can only be done through the deposit protection schemes mediation process if you refuse... if your deposit wasn't protected then they owe you the entire thing (and then some) and if they want to recover expenses from you for the state of the property they'd have to go through small claims.

Do you have information on the deposit protection scheme used?

Yeah, only just received it yesterday after giving them a ring. They never told us before which I understand is also grounds for getting our money back in full but seems like a difficult route to pursue. I'm just worried they're going to assume we are ok with the changes and take our money if they don't hear from us within 7 days.

tim123456789

kitrat wrote: »

The letting agent I was with who part-managed the property I've just left are proposing deposit deductions which I am disputing.

They wrote in their letter which first set out the deductions that I must reply within 7 days if I disagree or they'll assume I'm fine with it. Is this time frame set out in law or is it something they've pulled out of their backsides?!

As a general rule a "if you don't hear otherwise from you we will assume that you agree" statement is completely worthless in law.

But for deposit protection once the deposit has been claimed by the LL from TDS here is a time limit that you must tell then that you don't agree with the deductions being proposed.

Though the person who you tell is the deposit scheme and the deadline is longer than 7 days (but not much longer)

tim

kitrat

tim123456789 wrote: »

As a general rule a "if you don't hear otherwise from you we will assume that you agree" statement is completely worthless in law.

But for deposit protection once the deposit has been claimed by the LL from TDS here is a time limit that you must tell then that you don't agree with the deductions being proposed.

Though the person who you tell is the deposit scheme and the deadline is longer than 7 days (but not much longer)

tim

Thanks I'll look into the scheme and find out how long that is.

wannahouse

you actual should have been given your "repayment id"so technically you should be able to put a claim in for the full amount with deposit protection, and wait for them to dispute it!

if they don't dispute it, you get it all back, but i sincerely doubt they actually did protect your deposit, as ,if they did, you would have received the email with all that info directly from deposit protection when the deposit was lodged!


i would give deposit protection service a call and check if it actually really was deposited!

kitrat

wannahouse wrote: »

you actual should have been given your "repayment id"so technically you should be able to put a claim in for the full amount with deposit protection, and wait for them to dispute it!

if they don't dispute it, you get it all back, but i sincerely doubt they actually did protect your deposit, as ,if they did, you would have received the email with all that info directly from deposit protection when the deposit was lodged!


i would give deposit protection service a call and check if it actually really was deposited!

Hmm yes I have similar suspicions to you. I think it might be worth a call to double check.

This is because with our new letting agents they gave us a brochure from the same scheme shortly after we paid our deposit and the leaflet said that it legally had to be given to us within 30 days. So presumably the old agents would have received such a document to pass on? Unless they have to print it off themselves and couldn't be bothered which is also quite likely.