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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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It has been 31 days and my estate agent says the Landford still

Resolved Question:

It has been 31 days and my estate agent says the Landford still hasn't worked out how much they want to deduct from b or deposit. No seeming end to the delay. Is there a statutory period in which they must formally notify us?
Submitted: 1 year ago.
Category: Property Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.
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?
Alex
Customer: replied 1 year ago.
The point of law I an interested in is whether they have a set period to tell us what they are claiming. That was what i was asking. They have vaguely told us that they are looking to keep some of the deposit for refurbishment, fixing a shower head, fixing a shaving light and renovating a wooden floor. We would contest some. They have stalled on giving us their claim numbers though. The deposit is over £1300, so we are keen to get it back asap.
Expert:  Ash replied 1 year ago.
They should return the deposit within 10 days.Can I clarify anything else?Alex
Customer: replied 1 year ago.
I don't think that is the answer. They should return the deposit within 10 days of both parties agreeing the amount to be returned, yes. But how long do they have to agree the amount. I know in some countries there is a set time where they must send a formal letter with their claim on the deposit. If that time is passed then they forfeit their ability to claim anything. What you have told me I know.
Expert:  Ash replied 1 year ago.
Yes, where agreed its 14 days. If its disputed then no time limit. If you get it back then they have 6 years to bring a claim. But they cant just hold onto it.If they do, that is where you send the letter etcDoes that clarify?Alex
Customer: replied 1 year ago.
It hasn't been disputed. They just haven't told us how much they want to claim. Surely there is a time limit on that?
Expert:  Ash replied 1 year ago.
No - there is no mention of that in the Act. If they dont give it back then you sue, thats it. That would make them act quicker.Does that clarify?Alex
Ash and other Property Law Specialists are ready to help you
Customer: replied 1 year ago.
Yes. Simple answer no legal time limit ;)
Expert:  Ash replied 1 year ago.
Have a good weekend.

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