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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 2447
Experience:  Over 5 years in practice.
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If a deposit is in dispute does a tenant get any money from

Customer Question

Hello
If a deposit is in dispute does a tenant get any money from that deposit returned before the dispute is settled? Even if the value of the landlords settlement figure is lower than the actual deposit
Thank you
Submitted: 10 months ago.
Category: Property Law
Expert:  Jamie-Law replied 10 months ago.

Hello my name is ***** ***** I will help you with this.
Could you please explain your situation a little more?

Customer: replied 10 months ago.
Hello sorry is this £44 in top of the £38?
Expert:  Jamie-Law replied 10 months ago.

If you want a call yes, or we can keep it online.

Customer: replied 10 months ago.
I submitted a figure to my letting agent upon the tenant leaving my house trashed I had until the 2nd November to submit my statement to the dispute company, I have submitted a full and final figure which is now higher and my letting agent has told me the balance from my original figure and the deposit has been returned to the tenant. I wanted to check if this is legally allowed and acceptable to do?
Customer: replied 10 months ago.
Online please I just need an answer with regard the deposit money, thank you
Expert:  Jamie-Law replied 10 months ago.

What does your agreement with the letting agent say about what they can / cant do?

Customer: replied 10 months ago.
There is nothing with regard this particular scenario only that any deposit will be put into dispute upon any damage caused by a tenant and will be arbitrated by the dispute resolution company
Expert:  Jamie-Law replied 10 months ago.

Was the deposit held by the Tenancy Deposit service or similar?

Customer: replied 10 months ago.
it was held with a Deposit Protection Service who is now arbitrating the dispute
Expert:  Jamie-Law replied 10 months ago.

Ok - if they are making a decision how is it they are being sent the full amount before this?

Customer: replied 10 months ago.
Do I take it you cannot answer this question?
Expert:  Jamie-Law replied 10 months ago.

No, I just need to understand where we are.
Usually the TDS make a decision before a deposit is released, but from what you are saying, its been released?