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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I and three others rented a private property for 14 months.

Resolved Question:

I and three others rented a private property for 14 months. The property is managed by a property company. The deposit is safeguarded by the Tenancy Deposit Scheme. In clause A15 of the AST tenancy agreement it states that the "Deposit will be released following the procedures set out in the deposit clauses of the Tenancy Agreement".
Section 34.7.1 of the agreed Tenancy Agreement deals among other things with the return of our deposit. Within this it states in Section 34.7.1 that "The Agent must tell the Tenant within 10 working days of the end of the Tenancy if they propose to make any deductions from the Deposit".
Despite several emails ( which we have evidence of) and phonecalls we were not notified of any proposed decutions within this time.
The property management notified of us proposed deductions 14 working days later.
We now maintain this precludes us from being pursued for any deduction irrelevant of their merit. The property management company are stating this is a guideline only and referencing section 34.7.2 which states
"If there is no dispute the Agent will keep or repay the Deposit,
according to the agreed deductions and the conditions of the
Tenancy Agreement. Payment of the Deposit or any balance of it will
be made within 10 working days of the Landlord and the Tenant
agreeing the allocation of the Deposit." The maintain this means we will only receice funds from our deposit once an agreement is made.
However in the above instance we will maintain they should have told us within 10 working days in accordance to our contract of the proposed deductions.
Please advise where we stand with this.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

On what legal basis do they say they are allowed 14 working days rather than 10 please?

Customer:

They do not mention anywhere that they are allowed 14 working days. They simply state that the ten working days to tell us of proposed deductions is a 'guideline'.

Customer:

They refer only to section 34.7.2 which states


If there is no dispute the Agent will keep or repay the Deposit,


according to the agreed deductions and the conditions of the


Tenancy Agreement. Payment of the Deposit or any balance of it will


be made within 10 working days of the Landlord and the Tenant

agreeing the allocation of the Deposit.

Customer:

They are ignoring section before this

Customer:

34.7.1. The Agent must tell the Tenant within 10 working days of the end of the

Tenancy if they propose to make any deductions from the Deposit.

Alex Watts :

Ok - let me give this some thought

Customer:

Thank you

Alex Watts : Ok, yes they are in breach. The contract clearly states 10 working days. They are not entitled to make deductions after 14 working days.
Alex Watts : You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
Alex Watts : If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
Alex Watts : The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
Alex Watts : Can I clarify anything for you about this today please?
Customer:

ok thanks for your help

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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