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Stuart J
Stuart J, Solicitor
Category: UK Property Law
Satisfied Customers: 20044
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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Our tenancy agreement states that the landlord must inform

Resolved Question:

Our tenancy agreement states that the landlord must inform us if they intend to deduct anything from the deposit within 10 days. They did not do so infact it was over 30 working days before they raised anything. They're refusing to return any of our deposit because they have not agreed on deductions as per the deposit protection scheme Our tenancy finished on 31.7. 2013.
Submitted: 12 months ago via Tenancy Agreement Service.
Category: UK Property Law
Expert:  Stuart J replied 12 months ago.
Thank you for your question here on Just answer. It is my pleasure to try and assist you with this today. Please bear with me if I need to ask for any further information from you in order for me to be able to advise you fully. My name isXXXXX and I am a practising solicitor. I have been an expert on this website in UK law since 2008. During that time, as you appreciate, I have answered thousands of questions from satisfied users on a variety of subjects.

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On what grounds do they feel they are able to deduct money from the deposit?
Customer: replied 12 months ago.
At present we have been told they need to check the number of flower pots ( they are all there) whether the nest curtains were laundered - they were and whether the boiler chimney was swept. - it wasnt. The Point is they were supposed to notify us with in 10 days of the tenancy ending and they didn't. Nor did the agent. The agent ( Hamptons international) is refusing to return the deposit because under the deposit scheme there has to be agreement between land lord and tenant. But theybare in breach of the tenancy agreement with the 10 days this states they must notify with that time
Expert:  Stuart J replied 12 months ago.


I accept that they are in breach of the 10 day period but do you
accept the things that they are griping about are correct or not ?

How much are they withholding?

Customer: replied 12 months ago.
The only thing would be the flue to the boiler. We have been v careful tenants and only used the flat as a base one night a week. Never late with rent or anything. They are with holding the full £5000 of our deposit.
Expert:  Stuart J replied 12 months ago.




Thank you.



I would not get hung up on the 10 day issue. Yes okay, they may be
in breach of that but to be honest in the whole scale of things it is neither
here and there because it does not strike to the very heart of the agreement.



You are still responsible for anything which you of damaged or not
repaired, regardless of whether the landlord claims for it in 10 days or not.



I assume that you have already filed a dispute with the deposit
scheme but I would also issue Small Claims Court proceedings for the return of
the deposit which you can quite easily do here www.moneyclaim.gov.uk



the court will then decide, based upon his evidence whether you
have caused this damage or not



Does that answer the question? Can I assist further or answer any
specific queries?



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Stuart J, Solicitor
Category: UK Property Law
Satisfied Customers: 20044
Experience: PGD Law. 20 years legal profession, 6 as partner in High Street practice
Stuart J and 2 other UK Property Law Specialists are ready to help you

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