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Joshua, Lawyer
Category: Property Law
Satisfied Customers: 28229
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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Morning, thank you for your information yesterday regarding

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Morning Joshua, thank you for your information yesterday regarding the landing asking for transfer of the deposit to her account. I have one further question, with regards ***** ***** undisputed amount which she is still holding. Can you confirm the correct wording regarding the 10 day marker for releasing undisputed amounts to the tenants please? Many thanks Janine

Hello again and thank you for your question. My name is ***** ***** I will be very pleased to assist you. I'm a practising lawyer in England with over 15 years’ experience. Please be aware that although I will endeavour to reply to you promptly, I am also in full time private practice and so I may not be available to respond immediately and it may also take me a few minutes to prepare a reply. The site will notify you as soon as I respond. I look forward to working with you to answer your question fully.

Are you able to kindly clarify what you refer to by "10 day marker" please?

Customer: replied 6 days ago.
Hello, I understand the general rule is that once the landlord has advised the tenant of the dispute amount, the non disputed amount should be transferred back to the tenant within 10 days? As per TDS "Any undisputed deposit amount (after discussion and agreement with the landlord) should be returned to the tenants within 10 calendar days of their request for it to be returned.  It should not be retained to persuade a tenant to settle proposed deductions" Is this mandatory?

thank you for the clarification. These are scheme regulations laid down by deposit protection schemes. They do not apply to common law tenancies (contractual tenancies). there are no specific rules for deposits in relation to contractual tenancy is. Some contractual tenancy agreements will contain provisions relating to a timeframe for the parties to agree terms in relation to a deposit but often the agreement contains no such provisions. In the absence of any revisions within the agreement, it is simply for the parties to negotiate in good faith with each other as regards ***** ***** the remedy for either party if agreement cannot be reached would be to issue proceedings in the County Court following service of a letter before action giving ideally 14 days notice

Customer: replied 6 days ago.
Ok thank you for the clarification.

I'm glad the above answers all your questions. If there is anything else I can help with please reply back to me otherwise thank you very much for visiting JustAnswer and I hope we will see you again in the future.

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