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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I've ended a tenancy agreement with an agency. Third-party

Customer Question

Hi,
I've ended a tenancy agreement with an agency. Third-party check-out service report had indicate that no deposit should be retained by the landlord/agency. Later the agency emailed me saying that the landlord had to keep £100 for additional cleaning, which I'm not ready to agree. Since the deposit is held by DPS, I submitted a claim for my deposit less the £100 disputable among. The agency just kept rejecting the request and do not respond. I would like to seek some legal advice on this.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
Has the landlord said on what basis he thinks the agency didn't do their job?
Customer: replied 2 years ago.
Hi,
Thanks for you quick reply!
The agency said it was the kitchen. However, the checkout report had said we had left the kitchen in the same status as when we moved in. Even more, we were told this days after the new tenant moved in so I have my suspicion which I'm sure you can understand. I was also told no additional cleaning had actually been performed. In my opinion the agency is firstly wrongly preventing me to claim back the non-disputable amount and is attempting to retain the £100 deposit without any solid ground.
Expert:  Ash replied 2 years ago.
Ok, then you don't need to worry. The deposit will be protected so they should return the balance less £100 and then use the Tenancy Dispute Service. Or you can take it to court for the £100.
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.
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.
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.
If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.
Can I clarify anything for you about this today please?
Ash and other Law Specialists are ready to help you
Expert:  Ash replied 2 years ago.
Hi
I am just following up on this. Is there anything else I can help with? If so, please let me know.
Alex.
Customer: replied 2 years ago.

How much losses am I able to claim?

Customer: replied 2 years ago.

There is a Late Payment of Commercial Debts Regulations 2002 but does it apply to my situation?

Also who should I send the 14 day notice to and go to Court with? The landlord or the agency?

Expert:  Ash replied 2 years ago.
No that is for. Haines to business. You should be sending letter to landlord
Alex