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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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There, I moved out from a property 20 days (working

Resolved Question:

Hello there,
I moved out from a property 20 days (working days) ago and according to the lease agreement : "The Landlord’s Agent must tell the Tenant within 20 working days of the end of
the tenancy if they propose to make any deductions from the Deposit"
i spoke with the landlord and he said to me, yes he's intending to make a claim however he's on holiday now and he will do so when he get back next week!
I'm a bit confused, my understanding is that he's supposed to send me the list of deductions within 20 working days, he said no, the sentence above which is on the agreement simply means that he should let me know that he will make a claim at some point.
I did not find any other clause on the agreement that sets a deadline for the landlord to send me the list of deductions.
How do I solve this?
many thanks
Submitted: 2 years ago.
Category: Law
Expert:  Nicola-mod replied 2 years ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 2 years ago.

please cancel the question and process the refund.

Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I can help you.
How much are they seeking to withhold?
Customer: replied 2 years ago.

Hi Alex,

I have no idea. The agreement says "The Landlord’s Agent must tell the Tenant within 20 working days of the end of
the tenancy if they propose to make any deductions from the Deposit"

The 20 working days period ended yesterday (friday), and I asked them to send me the list of the deductions the landlord wants to make, the agent said they will get back to me next week maybe and the clause above just says that they have to confirm to me that at some point the landlord will ask for deductions but there's no deadline as to when they have to send me this list.

I find this hard to believe...my understanding is that clause says that the landlord/agent has to send me the list of deductions within 20 working days from the day I vacate the property, is this correct?

How do you interpret this clause? and how can i set a deadline for the landlord/agent to send me the list of deductions? i'm sure from a legal point of view they cannot hold my deposit until they are back their vacation and send me the list of proposed deductions..

Thanks,

Expert:  Ash replied 2 years ago.
Ok then they can't do that. That is because it says 20 days, they must do this. They can not do it out of time, otherwise the contract is useless.
In any event if it's residential then the law says the must return it for 14 days.
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.

Hi Alex,

Just to clarify, the clause of the contract i mentioned, does it 100% mean that the list of deductions have to be sent to me within 20 working days? can this clause mean something else?

They keep telling me that they don't have to send me the deductions within 20 working days, they just have to let me know within 20 working days that they will not return my deposit in full and they will send me deductions at some point. They said, this is what their legal department says!

if they breached the agreement, what are my options to go after them? contact the TDS?

Expert:  Ash replied 2 years ago.
No the clause is clear, 20 working days, if not they can't claim anything.
You can sue for your deposit back as in any event they must return it back within 14 days, that is the law, it can not be moves to 20 working days.
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?
Customer: replied 2 years ago.

Thanks Alex, that is clear thanks.

I'd like you to review my lease if possible and let me know if I can go for the steps you mentioned above.

Can we do this on this platform? and how much it will cost me?

Thanks,

Khadija

Expert:  Ash replied 2 years ago.
Yes I can do that but it is an additional cost which I will offer now.
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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