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Hello, this isCustomerand welcome to JustAnswer. I will be the lawyer working with you today and I will be happy to advise you to the extent possible on this platform. I will review your question and I will be back with my answer shortly. You will get notified when my answer is ready therefore there is no need to wait online.
Hello again. I have found your question. Can you please let me know more details. What contract was it? Why do you think they breached it?
Your starting point should be the underlying agreement. What are the relevant terms? If there is a term which obliges the agent to provide certain services and they fail to do so, then they will be in breach of the contract. You could send them a letter stating they are in breach and require a certain action. But it is very much dependent on what exactly they are breaching. Feel free to share the agreemnt with me and elaborate a bit more what they have failed to do and I will see if there is a term which they can be potentially breaching.
If the contract allowed them 10 days - then they will be in breach if they fail to respond within this timeframe!
You are right. Clause 28.4 gives them 10 days (of the end of tenancy) to notify you if they want to deduct anything from your deposit. If they fail to do so, they are breaching the terms of your tenancy. In any event, you can dispute any deductions with the TDS for free!
Well done. You did the right thing. Let's see what they come back with.
Please do. It was a pleasure assisting with your questions.
Judging your email and good references to the underlying lease - I think you will be a good lawyer! Seriously, well done.
You too. I think my last message hasn't gone through. You drafted a good email and made clear and logical references to the underlying lease so you will be a good lawyer! You didn't need me. Thank you and have a good night too!
Ok, let's hope they will reach a decision to refund the deposit before TDS does.
Yes, if you were to issue a claim in a small claims court, you would have a good chance to win as the contract makes it clear how many days they have to make any deductions!
Make a money claim online - GOV.UK (www.gov.uk)