Tenancy Deposit

imran22

Dear members

I recently vacated my property. The property was left in great condition and the estate agent admitted this in front of me. Since then I have paid all the final bills but my council has closed the account day earlier, so if I was responsible until 2nd of April they closed the account on 1st April. I raised it with the council and they emailed back copying the estate agent saying they don’t charge for the last day as they don’t consider the tenant living in the property till midnight so they won’t issue me a bill for a day and declared that I don’t owe them anything. The agent was making a big fuss about it so I said to him that it is an issue between you and the council but you can keep 1 day of council tax from my deposit and return the rest to me which they agreed on the phone. A week has passed since then and they are not responding to my emails and the lettings person don’t speak to me on the phone. They keep on saying they are out or with somebody. My deposit is protected with myDeposits. I understand that you can only raise a dispute if you don’t owe anything and in the estate agents eyes I do. I don’t know what to do now it is a lot of money they are holding

Please guide me how should I approach this. I have written several emails and sent a letter asking for the deposit back.

Thanks

Guest101

You dont owe them anything.

The council arent charging you for the day.

Go to my deposits and claim back YOUR money.

imran22

They have to agree to use the dispute service and I am unable to force them.

Also do I need to wait 10 days from when I asked for deposit to be returned? Will the email asking when I can have my deposit back counts or I need to count 10 days from when they received physical letter?


Are there any other options that don't cost?

Guest101

imran22 wrote: »

They have to agree to use the dispute service and I am unable to force them.

Also do I need to wait 10 days from when I asked for deposit to be returned? Will the email asking when I can have my deposit back counts or I need to count 10 days from when they received physical letter?


Are there any other options that don't cost?

OK.

You contact mydeposits and they offer ADR (Alternate Dispute Resolution) to the Landlord.

If the Landlord refuses to go through that process (idiot if he does), you go to court, and sue for the deposit and costs and presumebly will win. The Landlord will have to prove that they are owed the money.

No only the deposit scheme is free.

Contact mydeposits straight away.

imran22

Should I try "notice to action" and say if they don't return the deposit by 10th May (I emailed my letter on 1st May) I will raise a dispute with mydeposits

Guest101

imran22 wrote: »

Should I try "notice to action" and say if they don't return the deposit by 10th May (I emailed my letter on 1st May) I will raise a dispute with mydeposits

No.

A notice before action is for court. My deposits doesnt require that.

G_M

1) have you written to the andlord at the address "for the serving of notices" requesting your deposit be returned in full?opy the agent.

2) have you applied to the deposit scheme for return of your deposit?

If the LL/agent does not respond, make a single person claim.

* Deposits (payment, protection and return)

imran22

Thank you

I do not have landlord's address as the property was let & manage. Everything goes through the agent and that is the only contact on the contract.

On mydeposit website there is no process of starting the claim process (like you have on dps website). The website says you have to write to the agent which I did and they have to return the deposit in 10 days

What is single person claim?

imran22

I don't think single person claim applies here because with mydeposits the deposit stays with the agent/landlord. That is the ugliness don't know the exact mechanics but reading the website I was surprised by that.

Guest101

imran22 wrote: »

I don't think single person claim applies here because with mydeposits the deposit stays with the agent/landlord. That is the ugliness don't know the exact mechanics but reading the website I was surprised by that.

Mydeposits guarantees the deposit. It is secured in their scheme, even if the physical money is held by the agent.

There should be a process to begin a claim, either a form, or a telephone or whatever

LEJC

I have recently had to query the last day council tax policy and received a response from my local authority which Letting agents should be aware of...there is no reason for your deposit to be held purely for the purpose of council tax payment.....


Under Paragraph 14 Section 2(2)(d) of The Local Government Finance Act 1992, a person cannot be liable for Council Tax on the day they vacate a property as they would not have been in occupation at the end of that day (midnight). If a tenant vacates the property, the liability must pass into the owner’s name on the last day of that tenancy.