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Agent refuses to return the deposit/informs will refuse TDS
Comments
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Ok. This is helpful. But, how can they justify holding the full amount of the deposit! Is this legal? The cleaning issue does not cost GBP 3,500. Aren't they obliged to return the significant part of the deposit and hold only the disputed amount (which they have not actually calculated and indicated yet!). I am wasting a lot of my time on them - will I be able to claim via court for my time wasted on this unreasonable situation?
Define 'legal'.
It's not a crime, you cant go to the police. This is civil law. That's what the courts do.
You can ask for costs if this goes to court.
But typically this is time of work for the court date, stationary in preparing the case etc. (few £100 at most.)0 -
You need to be clear on what your problem is, because they're opposite.
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My problem is - my deposit is not returned and the amount is significant. The flat was left clean - they are just pedantic and are trying to steal my money. They want me to finance betterment of the place whilst providing a flat far from spotless at the check in. I disagree the flat is not clean, yet I offered to rectify in the benefit of time to receive my deposit back. They are introducing new items 9 days later, after actually sending a signed report without these items.
My other question. If I initiate arbitration and they actually accept arbitration and the decision is made in their favour - can I still go to the court after that?0 -
Another question to the tenants who went through the TDS process: If I am not provided with any estimate of the deductions, do I need to provide all evidence at the start of my initial dispute or can I provide it later during the process? I.e. do I just file for the full deposit and will have an ability later to add emails, audio files, pictures after they provide their evidence or do I need to provide all evidence right away and will not be able to provide anything after the initial filing?0
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You have the check in and out report? you can simply state that the items they added after the check out report was signed off must have occurred AFTER you left the property so you are not liable to pay for those items.
However i would warn you that you are underestimating the cost to have a cleaner come and rectify those items you did leave, it certainly will be at least double the £30 estimate you think is reasonable.When using the housing forum please use the sticky threads for valuable information.0 -
Have you actually requested the return of your deposit through the TDS? Seems to be that you should have done that shortly after you moved out, rather than wrangling with the agents about deductions that they haven't even told you the amount of...0
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* Deposits: payment, protection and returnThe link does not help. I do not have time for the court to get my own money back.well, I am spending time on posts only because I do not know what to do and need advice from people.
The purpose of the link is to provide a comprehensive explanation of the law, and processes, involved in deposit taking/return, so that we (the regular posters on the forum) do not need to endlessly re-write the same information in reply to each enquiry, and also to provide full information in a single post.
If I have missed something, or failed to explain your options clearly, please let me know and suggest improvements, both to help yourself and the next 100 people who come here with a similar problem.
Oh, and if arbitration is excluded by the LL/agent, and the courts are excluded by you, then the remaining options are
* tea & cake and a friendly chat to resolve or
* walk away and earn another deposit.0 -
I think you need to add -
G. What to do when you can't be arsed with sections A - F0 -
I made a claim through Tds some time ago. get all your paperwork together - check in, check out, anything else that is relevant, ready to scan and upload. State that anything they claim after your check out report is irrelevant because it either contradicts the check out or must have occurred after you left. Any offer you made to assist them after the check ou was out if good will and did not amount to accepting liability.
My suspicion is that the agency will cave in once they know you are serious. If they refuse arbitration, then you just go through the whole process via small claims, but you have at least done things properly by going to TDS first.0 -
You have the check in and out report? you can simply state that the items they added after the check out report was signed off must have occurred AFTER you left the property so you are not liable to pay for those items.
However i would warn you that you are underestimating the cost to have a cleaner come and rectify those items you did leave, it certainly will be at least double the £30 estimate you think is reasonable.
Thank you. Yes, I have both reports and will proceed as per your suggestion.0
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