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Jamie-Law
Jamie-Law, Solicitor
Category: Property Law
Satisfied Customers: 5380
Experience:  Solicitor
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Can you help me regarding private renting and deposit TDS?

Resolved Question:

Good evening! Can you help me regarding private renting and deposit TDS?
Submitted: 1 month ago.
Category: Property Law
Expert:  Jamie-Law replied 1 month ago.

Hello my name is ***** ***** I will help you with this.

Can you please explain your situation a little more?

Customer: replied 1 month ago.
I moved out of the property 30th September 2017 and the landlord is still holding my full deposit. I went back last Saturday to clean up and now he is indicating I was not a good tenant, despite email with very good reference and email thanking for being a "wonderful tenant". He sold the house and should exchange 1st November. He took 13 days after I moved out to give me feedback and I agreed to go back the very next (last Sarurday) to attend to his points. Now he expects me to pay for new carpets, claiming my dogs ruined it. I have 2 small ***** *****s. I cleaned the entire house again last Saturday and noticed the dark markings on the carpet in the lounge was wet. Looking underneath the carpet both the underlayer as well as under the underlayer was humid. As there appears to be a contractual condition he still needs works done to the house. How long can he hold my deposit. Thanks.
Arletr
Customer: replied 1 month ago.
Arlete
Expert:  Jamie-Law replied 1 month ago.

Was your deposit protected?

Customer: replied 1 month ago.
with TDS
Expert:  Jamie-Law replied 1 month ago.

You need to write and set out your losses and request a refund within 14 days or say 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://s3-eu-west-1.amazonaws.com/hmctsformfinder/n1-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?

If not, I would appreciate a 5 star rating for my answer. Thanks!

Customer: replied 1 month ago.
I need to write to TDS?
Customer: replied 1 month ago.
How long is he allowed to retain my deposit?
Customer: replied 1 month ago.
Can I get an answer please?
Expert:  Jamie-Law replied 1 month ago.

Sorry I am just on a train.

You write to the Landlord. He must return it within 14 days of your tenancy ending.

Does that clarify?

Customer: replied 1 month ago.
his time has elapsed. He is holding the deposit until it's closer to the sale of his house.
He did not lay the carpets. My friend who was previous tenant paid for the carpets. Can I be made responsible for the carpets?
Expert:  Jamie-Law replied 1 month ago.

Correct. You can issue proceedings and no, you are not liable for the carpet.

How can you be - you didnt cause it!

Does that clarify?

Customer: replied 1 month ago.
it does clarify thank you BUT I'm just not sure how I can prove it because I have the dogs and he is using that as an excuse.
Expert:  Jamie-Law replied 1 month ago.

It wouldnt be for you to prove. It would be for him to prove YOU damaged it.

Does that clarify?

Customer: replied 1 month ago.
thank you.
Expert:  Jamie-Law replied 1 month ago.

All the best. If I could ask you to rate my answer before you go today, by clicking on the 5 stars or happy face at the bottom of the screen, otherwise the site does not pay me for the time spent with you today. It is also an important part of the online process. Thank you in advance and good luck!

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