deposit clause in contract, how enforcable

squizz11

I recently left a house after a very short tenancy,  it was a no fault s21 eviction.   it ended on the 28th October and i requested the deposit back within 10 days on the 2nd November,  the landlord responded on the 9th saying "we are currently in the process of reviewing the inventory report and assessing any costs ,  we will be back in touch when we we have any info regarding any deductions if any"

in the contract it says this

7.7.1 The Landlord/Agent must tell the Tenant within ten working days of the end of the Tenancy if they

propose to make any deductions from the Deposit.

how enforceable is this clause ,  if it is enforceable what date to i use ,  end of tenancy?  when i requested deposit? or when he responded?

thanks in advance

TripleH

Do you include weekends in the 10 working days?

squizz11

TripleH said:

Do you include weekends in the 10 working days?

personally no I wouldn't 

propertyrental

Not enforceable, in the sense that you can't claim compensation nor demand the full deposit back based on that.

However, simply put in a request to your deposit scheme for the full return and the LL will have to respond to that.with either the full deposit or justification for any deduction.

squizz11

why do they bother putting it in there then

propertyrental

Makes you feel warm and cuddly when you sign it at the start of the tenancy.....

saajan_12

squizz11 said:

I recently left a house after a very short tenancy,  it was a no fault s21 eviction.   it ended on the 28th October and i requested the deposit back within 10 days on the 2nd November,  the landlord responded on the 9th saying "we are currently in the process of reviewing the inventory report and assessing any costs ,  we will be back in touch when we we have any info regarding any deductions if any"

in the contract it says this

7.7.1 The Landlord/Agent must tell the Tenant within ten working days of the end of the Tenancy if they

propose to make any deductions from the Deposit.

how enforceable is this clause ,  if it is enforceable what date to i use ,  end of tenancy?  when i requested deposit? or when he responded?

thanks in advance

How do you want to enforce it? 

There'll be a clause saying you paid a deposit and this should be returned to you. If they don't, then your damages are the amount of the deposit, so you can claim that via the deposit protection scheme or in court.

There'll be a clause saying you can't cause damages or leave it unclean beyond fair wear & tear. --> If you do, the LL's damages are the costs to remediate or replace (avoiding betterment) which they can claim via the deposit protection scheme or in court. 

There's this clause 7.7.1 that the notification must be within 10 days --> if its not, then what are your damages? ie what is your downside if its 15 days? Note there's no mention on when the deposit balance is actually paid, as it could take time to negotiate the deductions, and you can go to the deposit scheme anytime. The notification doesn't affect the interest you lose, or costs if you planned on spending the money.