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Advice re withholding of deposit paid

My son left his rented house on 20 February and has not had his deposit back yet.  The house was rented via an Estate Agent for a private landlord.  8 weeks after leaving he received an email detailing the cost of some things the landlord has paid for since he left, however, we disagree with the amount of money he is requesting from his deposit and the reason for the work he said has been done.  He is also struggling to get responses from the Estate Agent to try and sort the problem out.  
What is the process to take this further and does anyone know if the ombudsman would deal with the issue?

Comments

  • PRAISETHESUN
    PRAISETHESUN Posts: 5,194 Forumite
    Seventh Anniversary 1,000 Posts Photogenic Name Dropper
    Is his deposit protected? If so, request it back in full through the relevant protection scheme. They will arbitrate any disputes over deductions. If not, then the agent/LL is in hot water and he'll probably get it back after he reminds them of the penalty for not protecting it!

    Post 3: Deposits: Payment, Protection and Return.

  • 8 weeks?!! Actually now it's 9 weeks!
    What has your son being doing/waiting for?
    As above (and assuming this is England) either
    * the deposit was protected in a valid scheme, in which claim it back via the scheme, or
    * it was not in which case apply for the penalty of 3 times the deposit (plus the deposit itself) via the small claims court
  • Thanks for comments. my son is ill at this time, this is why I'm trying to sort out.  I will email agent again with suggestions and hopefully will get a response.
  • Myci85
    Myci85 Posts: 606 Forumite
    Ninth Anniversary 500 Posts Name Dropper Combo Breaker
    Thanks for comments. my son is ill at this time, this is why I'm trying to sort out.  I will email agent again with suggestions and hopefully will get a response.
    You don't need to go through the agent. Your son should have been given details when he moved in of the deposit scheme provider his deposit is registered with. He can contact them directly. 
  • theartfullodger
    theartfullodger Posts: 15,996 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Son (not you) needs to start dispute process with deposit scheme.

    Lots of guidance on Shelter website...
  • PRAISETHESUN
    PRAISETHESUN Posts: 5,194 Forumite
    Seventh Anniversary 1,000 Posts Photogenic Name Dropper
    Thanks for comments. my son is ill at this time, this is why I'm trying to sort out.  I will email agent again with suggestions and hopefully will get a response.

    As above, bon't bother emailing the agent, as they are being paid to act in the LL's interest (ie. to withhold your son's deposit money).

    Have your son engage directly with the deposit protection scheme and open a dispute. This will force the LL to act as they will lose by default if they don't respond. If they try to claim any unfair deductions, then the scheme will abitrate.
  • Many thanks for your comments.  The agent has come back to me.  Initially he has requested £366 from a £865 bond and has now reduced this to £274.50.  Can I ask your advice regarding if my son is responsible for the amount requested - I will detail the items under discussion.
    1 - Weeding back of the garage area £80 reduced to £60 (the garden was weeded, swept and tidy when he left. the garage was not part of the tenancy so we did not go behind it)
    2 - Damage to front window blind £140 reduced to £105 (the blind was not damaged and did work, however, the string at the side of the blind was frayed so the weight did not act as a pulley and the string did break).  I think this is wear and tear but unsure if we are responsible for the whole blind.
    3 - Blind in the main bedroom broken ££71 reduced to £53.25 (the blind was not broken, however, it was damp and although when he left we cleaned it and left a cream coloured blind, when they checked the property the black damp had returned)
    4 - Radiator in bathroom £75.00 reduced to £56.25 (the landlord replaced the radiator because it had started to go rusty on the top and side - the agent suggested this was not wear and tear and due to lack of cleaning of any spillages as it is near the toilet, however, it did work)
    I've told the agent I am seeking advice - he has provided details of the deposit scheme.
    Again many thanks for your help
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