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Thomas
Thomas, Solicitor
Category: Property Law
Satisfied Customers: 7626
Experience:  UK solicitor holding an England and Wales practising Certificate.
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We have been tenants of a private rental for 3 years. We paid

Customer Question

We have been tenants of a private rental for 3 years. We paid 1.5 months deposit which was 3,400 gbp. We had the house professionally cleaned. our three year tenancy finished on 1/3/13 and our landlord is refusing to pay back our deposit? We have tried to find out what he is unhappy with, but as yet have had no reply. What can we do next?
Submitted: 4 years ago.
Category: Property Law
Expert:  Thomas replied 4 years ago.
Hi

Thanks for your patience.

If you are occupying the property under an assured shorthold tenancy then your deposit was legally required to have been lodged in a tenancy deposit scheme.

The first thing you must do is request the tenancy deposit reference and the name of the scheme.

If the deposit has been lodged and you are not able to agree on deductions with the Landlord then you can refer the matter to the scheme’s dispute resolution service. All schemes have one and they can examine the deduction claim and then make a determination.

If the decoration is simply because they fancy it then they won’t be successful.

If the deposit has not be lodged in a scheme then you should immediately sue in county court to recover the whole amount. You would be successful.


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Kind regards,


Tom
Customer: replied 4 years ago.

Thanks, XXXXX XXXXX deposit is with the TDS. However, what I wanted to know is if there is a time frame in which, we should be advised of any issues the landlord has?


 


Regard


 


Deborah

Expert:  Thomas replied 4 years ago.
Hi Deborah,

Really, the landlord should either make you aware of any proposed deductions or return the deposit within 10 days of the tenancy ending.

If you are in dispute though then the deposit stays in the scheme until it is sorted out.

Please remember to rate my answer.

Tom
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Customer: replied 4 years ago.

Sorry, if we do not hear within the 10 days and have chased on numerous occasions, do we have any legal rights?

Expert:  Thomas replied 4 years ago.
Hi,

yes, to sue them.

Tom