Timeframe to propose deductions on tenancy deposit

lee912

I wonder if there is any rules regarding when the landlord/agent must tell tenant about the deductions on deposit. In my Tenancy Agreement, it says:

"At the end of the Tenancy:
2(k) The Agent must tell the Tenant within 15 working days of the end of the Tenancy if they propose to make any deductions from the Deposit."

15 days have passed and the agent didn't tell me anything about deductions. Then I requested my deposit to be returned in full, but the agent claimed that the 15 days started only after I made my request.
Should I submit a request to TDS as well? Or wait until the agent propose the deduction, then dispute and go to TDS. In this case, is the deduction still legit?

Thanks in advance for any comments.

tealady

To me that clause is clear, they are out of time.
I would go ahead and raise a dispute.

grumiofoundation

Request full deposit back today from TDS. If landlord has any deductions can propose to TDS. If you believe you should get full amount back then you will dispute anyway?

propertyrental

Agent is wrong.
Submit a claim to TDS.

propertyrental

Deduction, if justified, is valid whenver/however the LL/agent claims it.

saajan_12

lee912 said:

I wonder if there is any rules regarding when the landlord/agent must tell tenant about the deductions on deposit. In my Tenancy Agreement, it says:

"At the end of the Tenancy:
2(k) The Agent must tell the Tenant within 15 working days of the end of the Tenancy if they propose to make any deductions from the Deposit."

15 days have passed and the agent didn't tell me anything about deductions. Then I requested my deposit to be returned in full, but the agent claimed that the 15 days started only after I made my request.
Should I submit a request to TDS as well? Or wait until the agent propose the deduction, then dispute and go to TDS. In this case, is the deduction still legit?

Thanks in advance for any comments.

There's really 2 separate clauses, which should each individually be fulfilled as far as possible, and damages claimed if not. 
1) You return the property in the same condition as the start, less fair wear & tear
2) Deposit to be returned after the end of the tenancy
3) Deductions claimed within 15 working days (though poor wording unless this is a tri-lateral agreement between the LL, Agent and Tenant.. otherwise should really say LL must tell the Tenant, and up to them whether the Agent does it on their behalf)

For (1) IF there are any provable issues with the property, then you're still liable for the damages
For (2) Your deposit should still be returned. 
So the net of these is a transfer of the deposit less damages. 
For (3) the LL / Agent has breached this (15 days from the date of request is nonsense).. So what are your resulting damages? If they had told you in time, then you'd still be liable for the same damages and the negotiation / evidence providing could still take a variable amount of time, so you wouldn't/shoudln't ahve banked on the money being returned within the 15 days.. So no real damages and more of a technical breach (just not for the agent's reason)

As for what to do next: request your deposit back in full from the LL, cc'ing the agent AND from the deposit scheme. There's nothing to say you can't start that process regardless of the 15 days. I wouldn't focus on the 15 days, but just whether the actual deductions are reasonable or not.