Deposit Dispute - AST and 10 working days

geobat

Hi. After moving out of my rental I requested the deposit back and did not here anything back within 10 working days. According to the MyDeposits website and my contract agreement 'The landlord shall inform the Tenant within 10 working days of the Tenancy agreement ending if the landlord intends to withhold all or part of the Deposit as detailed in the Principle Terms'. I did hear back from the agent after the 10 days had past with the landlord trying to claim things that disagree with the check-in and check-out report (he is a very dishonest character). He is trying to claim £600, I do agree with one item worth £100. The agent also takes £60 if there are any deductions for admin. There has been to attempt by the landlord to justify the deductions with evidence.

I have requested the undisputed amount back whilst we negotiate, but have been told by the agent that the landlord will not release it - no reason given. So this means the whole £1500 of deposit is effectively in dispute.

So I believe now I have to use the MyDeposits dispute system. But, I have a few questions:
1. On the AST agreement the agent is named, not the landlord - is this normal? If it went to court who would my claim be against?
2. In my dispute should I argue the 10 working day clause - i.e. I pay nothing. Or argue the deductions are mostly false, I accept to pay the £100 + admin. I guess I don't know how seriously the '10 working days' clause is enforced - it is in the Tenancy Agreement. I want to present a clear case and think arguing both would weaken my argument.

Many thanks for any help.

Pixie5740

It's the person named on your tenancy agreement you have a contract with so if the letting agent is named (not just their address but actually named) on your tenancy agreement as the landlord then that is who you would take to court if you had to. Who is the letting agent out of interest? Northwood Lettings by any chance?

I would dispute the admin fee. What is the £100 for? Remember that the landlord isn't entitled to new for old (betterment) and that "professional cleaning" isn't enforceable, you just need to leave the property in the same or better condition as it was at the start of your tenancy.

I don't think the 10 day thing is really enforced so I'd just stick with the deductions and why you think they're a load of cobblers using evidence such as the check-in and check-out inventories as well as any of your own photos, correspondence reporting maintenance and repairs, etc.

bod1467

My daughter is about to go into private rental late next month. The above post is why I've told her to make sure a proper check-in inventory is done and to take (and file) lots of photos of the property at check-in.

(This is in Scotland by the way).

geobat

Hi, the agent is Countrywide/Gascoigne Pees. And the landlord is on the TA, but not the AST deposit certificate.

The admin fee is in the contract as a fee taken if any damages occur (it says up to £75, and they are saying £60). The £100 fee I am thinking of accepting (although now not sure!) is for cleaning. It is the only thing where there is not very clear evidence on my side - although as you say it was no worse than when I moved in. All the other items are basically listed in the check-in as already missing/broken, the check-out report even makes a note that the LL should fix/replace at own cost. The LL has clearly not read these documents or is ignoring them. He seems to have just gone around the house noticing faults and charging them to us.

Pixie5740

Then if you have to take someone to court you can take both the landlord and the letting agency I think, or just the landlord since he is the one responsible or protecting your deposit regardless of whether or not he has delegated that responsibility to someone else.

If you left the property no worse then I'd dispute the £100. The onus is on the landlord to prove the deductions are reasonable. It's up to you about the admin fee but I'd dispute it.

G_M

The agent registered the deposit on behalf of the landlord. So you sue the LL. However - belt and braces - you can name both and sue them jointly.

The 10 day thing is a red herring. Focus on the deductions. Raise a dispute. If you agree with the £100 cleaning charge then say so. The DPS should release £100 to the landlord (since it's undisputed) and £900 to you (1500 - 600).

edit: please confirm:

1. On the AST agreement the agent is named, not the landlord

And the landlord is on the TA, but not the AST deposit certificate.

It really helps to have acurate information when it relates directly to the question asked!

Marvel1

I would appeal for the whole amount returned.