Tenancy deposit deductions

applesyumyum

Sent it! I'll update with the reply as soon as I get one

applesyumyum

I've received a rather unpleasant voicemail from the letting agent telling me how disgusted he is at my actions, he tells me this twice and says if I was to go to court my chances are zero.

Also just received this email;

Dear Ms ---

I am absolutely stunned at the content of your email, we did you a huge favour by allowing u to move into ---property2--- WITHOUT paying any bond as you had no funds as your bond was still held on ---property1--- (which was being repossessed). You never requested your ‘FULLY PROTECTED BOND’ FROM THE DPS so therefore it couldn’t be released to you, (however your bond was, is and always has been fully protected) so there is zero chance of any successful legal action on that front! As the bond held is on ---property1--- you are fully entitled to have this returned in full which will be authorised today, I trust that this to your satisfaction and the matter is now closed.

It actually states on your tenancy contract for ---property2--- that you had 28 days to pay the deposit (which you didn’t) it actually states that otherwise it would need to be transferred but as you never requested your bond despite our requests that wasn’t possible either.

Regards

---Letting agent---

Director

They never asked me to request my bond back of course, the only time I knew of the DPS process of having to go online to do it was yesterday when I'd emailed the LA asking when my bond was due back and they replied, 'have you been online and requested it?'

The Deposit status on DPS is still 'Awaiting Agent/Landlord response' So I'll keep checking up on it

gazter

i think there is the argument about, theyve been a good letting agent and youve been a good tenant. A fair contribution to the carpet doesnt seem unreasonable, but make this a good will reduction, and a condition of you not going to court is that you expect a good reference....

Pixie5740

So what the LA are saying is that your deposit is for Property 1 and has always been correctly protected...fair enough, and that you've never paid a deposit for Property 2. You could well end up getting your full deposit back for Property 1 but the LL of Property 2 could take you to small claims for the damage you caused to the property.

Guest101

Ok, did u sign an inventory for property 2?

I don't buy their argument when the tenancy states will be transferred. And then they include prescribed information for P1 with tenancy agreement for P2....

I think they've f'ed up and are now trying to cover themselves.

applesyumyum

They weren't a particularly good letting agent during my two years with them. With regards to him saying 'WITHOUT paying any bond as you had no funds', this isn't true. He had phoned me to say LL1 was being repossessed but good news is we have Property2. He said they would transfer the bond over so I didn't have to pay again and to make it easier for me as they wanted to keep me as a tenant. There was never a conversation where they asked me to pay a new bond and I couldn't due to lack of funds.

I wouldn't mind paying a goodwill gesture towards the carpet as I did cause the damage. However at this point I will wait and see what happens. Really appreciate all the help I've received! Thank you

applesyumyum

I have a signed inventory for property2 yes. What happened with regards to the tenancy2 was that they'd given me the same copy as tenancy1 but hadn't written the address on it. I'd noticed this a few months later and asked them to send me a new one with the address on it. All they did was take the front page off and staple a new one to it with property2 address on it, meaning they left the property1 address on the prescribed information. I only realised all that from help with this thread

Guest101

Personally I think Uve got a strong claim, or atleast counter claim if this goes to court.

I might not instigate action as the deposit is returned.

applesyumyum

Could the letting agent take me to small claims court? Or would it have to be the Landlord?

Guest101

applesyumyum wrote: »

Could the letting agent take me to small claims court? Or would it have to be the Landlord?

Your contract is with the LL.

Even if the LA does, they do so on his/her behalf.

Just like i could instruct a solicitor to begin action on my behalf.