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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Hi, It's me again. As you know my contract will end on 27.12.14

Customer Question

Hi, It's me again. As you know my contract will end on 27.12.14 as per section 21 notice. My future property will be available from 01.01.15 so I requested agency to allow me to live in property until 01.01.15 and they agreed via email which I am attached here
(
Hi Ronak
Landlord has agreed for you to leave the property on 1st January 2015. A check out inspection will be held on 2nd January 2015.
You will be required to make 5 days rent payment immediately which is for the sum of £238.36. Please let us know when you have made the payment into our account.
)
Here is my deposit cause via my tenancy agreement.
Hi, It's me again. As you know my contract ended on 27.12.14 as per section 21 notice. My future property will be available from 01.01.15 so I requested agency to allow me to live in property until 01.01.15 and they agreed via email which I am attached here "" 4. Deposit.
4.1 The Tenant shall not be entitled to withhold the payment of any instalment of rent or any
other monies payable under this Agreement or any part of the same on the ground that the
Landlord has in his or his Agent’s possession monies in respect of the Deposit.
4.2 The Tenant shall pay to the Landlord upon signing this Agreement £1450 by way of a
security deposit (“the Deposit”).
4.3 The Landlord acknowledges that the deposit referred to in Clause 4.2 has been paid by the
Tenant to the Agent and that such deposit will be held and/or dealt with in accordance with
the Tenancy Deposit Schemes as provided for in the Housing Act 2004. Subject thereto the
Landlord shall have a right to claim against the deposit for:-
4.3.1 Any damage, or compensation for damage, to the Premises its Fixtures and Fittings or for
missing items for which the Tenant may be liable, subject to an apportionment or allowance
for reasonable fair wear and tear and for the age and condition of each and any such item at
the commencement of the Tenancy.
4.3.2 The fair costs incurred in compensating the Landlord for, or for rectifying or remedying any
breach by the Tenant of his obligations under this Agreement, including those relating to the
cleaning of the Premises, its Fixtures and Fittings, and any additional charges made by the
Agent relating thereto or by legal advisers.
4.3.3 Any unpaid accounts for utilities or water charges or environmental services or other similar
services or Council Tax incurred at the Premises for which the Tenant is liable.
4.3.4 Any rent or other money lawfully due or payable by the Tenant under this Agreement which
remains unpaid after the end of the Tenancy.
4.3.5 Details of the Tenancy Deposit Scheme to which the Landlord/Agent subscribes are given in
the documentation annexed hereto receipt whereof the Tenant hereby acknowledges. Further
information prescribed by the Housing Act 2004 is as follows:-
Landlord:
Mr ***** ***** of Barham Court, Rectory Lane, Barham, Canterbury, Kent, CT4 6PD
Lead Tenant:
Mr Ronakkumar Anilkumar Dave of***** Upton Park, London, E7 9PT
4.4 At the determination of the Tenancy the parties will use their best endeavours acting in good
faith to agree what deductions should be made from the deposit and will in any event, within
ten days of the termination of the Tenancy, notify the agent of what sums/issues remain in
dispute.
4.5 The Landlord will as soon as reasonably practicable after such notification, refer the dispute
to the administrator of the Tenancy Deposit Scheme subscribed to who will then determine
matters in accordance with the provisions of that scheme. Such a referral does not prejudice
the rights of the Tenant to make his own separate or additional referral following the
termination of the Tenancy.
Now my question is
1) What causes I can face even after confirmation from them to allow me up to 01.01.15?
2) Can they deduct any rent from my deposit even after confirmation?
3) Can they deduct any legal charges from my deposit
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 :

For now please let me know what your question about this is?

JACUSTOMER-p6bvx8xz- :

Hi

JACUSTOMER-p6bvx8xz- :

Hi, It's me again. As you know my contract will end on 27.12.14 as per section 21 notice. My future property will be available from 01.01.15 so I requested agency to allow me to live in property until 01.01.15 and they agreed via email which I am attached here

(

Hi Ronak

Landlord has agreed for you to leave the property on 1st January 2015. A check out inspection will be held on 2nd January 2015.

You will be required to make 5 days rent payment immediately which is for the sum of £238.36. Please let us know when you have made the payment into our account.

)

Here is my deposit cause via my tenancy agreement.

Hi, It's me again. As you know my contract ended on 27.12.14 as per section 21 notice. My future property will be available from 01.01.15 so I requested agency to allow me to live in property until 01.01.15 and they agreed via email which I am attached here "" 4. Deposit.

4.1 The Tenant shall not be entitled to withhold the payment of any instalment of rent or any

other monies payable under this Agreement or any part of the same on the ground that the

Landlord has in his or his Agent’s possession monies in respect of the Deposit.

4.2 The Tenant shall pay to the Landlord upon signing this Agreement £1450 by way of a

security deposit (“the Deposit”).

4.3 The Landlord acknowledges that the deposit referred to in Clause 4.2 has been paid by the

Tenant to the Agent and that such deposit will be held and/or dealt with in accordance with

the Tenancy Deposit Schemes as provided for in the Housing Act 2004. Subject thereto the

Landlord shall have a right to claim against the deposit for:-

4.3.1 Any damage, or compensation for damage, to the Premises its Fixtures and Fittings or for

missing items for which the Tenant may be liable, subject to an apportionment or allowance

for reasonable fair wear and tear and for the age and condition of each and any such item at

the commencement of the Tenancy.

4.3.2 The fair costs incurred in compensating the Landlord for, or for rectifying or remedying any

breach by the Tenant of his obligations under this Agreement, including those relating to the

cleaning of the Premises, its Fixtures and Fittings, and any additional charges made by the

Agent relating thereto or by legal advisers.

4.3.3 Any unpaid accounts for utilities or water charges or environmental services or other similar

services or Council Tax incurred at the Premises for which the Tenant is liable.

4.3.4 Any rent or other money lawfully due or payable by the Tenant under this Agreement which

remains unpaid after the end of the Tenancy.

4.3.5 Details of the Tenancy Deposit Scheme to which the Landlord/Agent subscribes are given in

the documentation annexed hereto receipt whereof the Tenant hereby acknowledges. Further

information prescribed by the Housing Act 2004 is as follows:-

Landlord:

Mr ***** ***** of Barham Court, Rectory Lane, Barham, Canterbury, Kent, CT4 6PD

Lead Tenant:

Mr Ronakkumar Anilkumar Dave of***** Upton Park, London, E7 9PT

4.4 At the determination of the Tenancy the parties will use their best endeavours acting in good

faith to agree what deductions should be made from the deposit and will in any event, within

ten days of the termination of the Tenancy, notify the agent of what sums/issues remain in

dispute.

4.5 The Landlord will as soon as reasonably practicable after such notification, refer the dispute

to the administrator of the Tenancy Deposit Scheme subscribed to who will then determine

matters in accordance with the provisions of that scheme. Such a referral does not prejudice

the rights of the Tenant to make his own separate or additional referral following the

termination of the Tenancy.

Now my question is

1) What causes I can face even after confirmation from them to allow me up to 01.01.15?
2) Can they deduct any rent from my deposit even after confirmation?
3) Can they deduct any legal charges from my deposit

JACUSTOMER-p6bvx8xz- :

Are you there

JACUSTOMER-p6bvx8xz- :

Hi Alex you there?

Alex Watts :

1) This is a breach of contract

Alex Watts :

2) No

Alex Watts :

3) No

Alex Watts :

If they try to you can dispute this to the Tenancy Dispute Service

Alex Watts :

Does that help?

Alex Watts :

If this answers your question could I invite you rate my answer before you leave today.


If the system won’t let you please click reply.



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