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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11154
Experience:  30 years as a practising solicitor.
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I have dispute about deposit with my letting agent

Customer Question

I have dispute about deposit with my letting agent.


 


I was a tenant for 4 years in a property in Glasgow, then we moved , the letting agent is not giving my deposit back and demanding  extra for few thing, as things were not same as inventory, but the inventory was written by the agent after i left the property , my understanding is it should be sign by both parties at the time of exit and entry, and inventory should be written by third party, but that is not the case, please guide me, i never missed rent in four years always on time no arrears or bills to be paid


thanks

Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

Was the deposit put in one of the deposit schemes?
Customer: replied 3 years ago.
Yea
Customer: replied 3 years ago.
Yes
Customer: replied 3 years ago.

yes

Expert:  JGM replied 3 years ago.
The deposit scheme should arbitrate any dispute between landlord and tenant. Has this happened?
Customer: replied 3 years ago.

i was told by the letting agent that they have the deposit, but i did not authorised, i was never asked, by the safedeposit,

Customer: replied 3 years ago.
Relist: Answer quality.
Expert:  JGM replied 3 years ago.
That's what makes me suspicious. Do you have evidence that Safe-deposit ever had the funds?
Customer: replied 3 years ago.

i think they sent me confirmation but i am not 100%

Expert:  JGM replied 3 years ago.
My advice is that you contact safedeposits directly and ask them. The reason for this is twofold.

1. If your deposit was sent to them, you should be asking why there was no contact made when the landlord applied to retain part of the deposit on the basis of an inventory which was not contractually agreed.

2. Secondly if the landlord didn't send the deport to safedeposits or one of the other deposit custodians you can apply to the sheriff court for a payment from the landlord almost by way of a fine. The landlord is ordered to pay you an amount of up to three times the amount. See regulation 9 of the The Tenancy Deposit Schemes (Scotland) Regulations 2011 as follows:

"9.(1) A tenant who has paid a tenancy deposit may apply to the sheriff for an order under
regulation 10 where the landlord did not comply with any duty in regulation 3 in respect of that
tenancy deposit.
(2) An application under paragraph (1) must be made by summary application and must be made
no later than 3 months after the tenancy has ended.
10. If satisfied that the landlord did not comply with any duty in regulation 3 the sheriff
(a) must order the landlord to pay the tenant an amount not exceeding three times the amount
of the tenancy deposit"
JGM and other Scots Law Specialists are ready to help you
Customer: replied 3 years ago.

hi i have spoken to safe deposit but they have released the deposit back to letting agent, as they tried to contact me via email, i have had no email it must have gone to junck mail, i was told by them he email was update on February when i left the property, so obviously all these years i had no contact with safe deposit , i don't know what to do, it the letting agent have them the wrong email.


regards

Expert:  JGM replied 3 years ago.
You only remedy in those circumstances would be to sue the landlord for return of the deposit. However, if they had the wrong email and this was the landlords fault you should ask them what the solution is in such circumstances.
Customer: replied 3 years ago.

ok, but it was letting agent

Expert:  JGM replied 3 years ago.
The letting agent is the agent of the landlord. The landlord has ultimate responsibility.
Customer: replied 3 years ago.

so let me clear it


 


1: agent did put money with safe deposit, but gave wrong email and i was not contacted at the start of the contract, but after i left the property agent realised he gave them my wrong email and updated the correct one .


2: safe deposit did contact me but after the detail was updated , but email must have gone to my junk mail, they say if they don't get response they release the money so the did and its with the agent now, so they have followed the procedure which the law states,


3: agent is now demanding more money as he things there was some extra work carried out


4: what is legal position as i have left the property and have not been given any papers that i am not in the contract any more


really appreciate your kind respose


 

Expert:  JGM replied 3 years ago.
I now understand that at the relevant time they did have your correct email address but you didn't get the email. I am not aware of any way, under the deposit scheme, of backtracking the issue as the rules are that if there is no response to the contrary the landlord's submission will stand.

So I don't think there is any way of getting the deposit back at this stage.

As far as additional monies claimed by the landlord, you would be free to defend your position on this in the event that they issued proceedings. Realistically unless they are trying to claim a substantial amount I doubt they would take it to court given the additional costs involved.
JGM and other Scots Law Specialists are ready to help you
Customer: replied 3 years ago.
Hi
Thanks for your kind advices , the landlord is claiming an other £1300 , can they take me to the court for this, i have a meeting with them, so i want be ready for negotiations, i am not will to pay any thing as they already have the deposit. There service was not that great either, i lived there for 4 year and never missed rent or delayed .
What is legel position as this the money they requested in final inventory but that was made by the agent.
Thanks
Expert:  JGM replied 3 years ago.
A landlord can always sue for damage or cleaning to the property but it has to be properly established and the landlord has a duty to minimise any loss and act reasonably. He can't, as in this case, make up an inventory after the event as you have not agreed an inventory. I think the landlord would be in some difficulty if he tried to rely on a made up inventory after th event.
Customer: replied 3 years ago.
So legally how the inventory should be made, by the third party or by the the agent , and at the time if exit it should be agreed upon and signed , if not who is at fault ?
Regards
Customer: replied 3 years ago.


So legally how the inventory should be made, by the third party or by the the agent , and at the time if exit it should be agreed upon and signed , if not who is at fault ?
Regards

Expert:  JGM replied 3 years ago.
The landlord's duty is to make up an inventory and agree it with the tenant before the tenant moves in. At the end of the tenancy the signed inventory is checked. Best practice is to do this with the tenant present although there is law that says this has to be the case.

What can't happen is that the inventory is made up at the end of the tenancy. That is just stupidity on the part of the agent.