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Aston Lawyer
Aston Lawyer, Property Solicitor
Category: UK Property Law
Satisfied Customers: 1719
Experience:  LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
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I paid my deposit to an agent and it is currently in the

Customer Question

Hi, i paid my deposit to an agent and it is currently in the DPS. The end date of the tenancy was 18th Feb 16. However the landlord is still looking at what she can claim towards any damages (which are hardly anything, very minor). Also last year according to the terms of the AST, the tenant can suspend paying rent if the property is uninhabitable. This was the case and we couldnt live at the property for 3 weeks. However we still paid the rent. We paid rent till 5th Feb 16 (monthly billing was 5th) however not from 5th Feb to 18th Feb after seving notice on 18th Dec 15.
If the landlord makes any claim, am i entitled to claim this 3 weeks money back, effectively the 3 weeks is just over the period from 5th to 18th Feb? So even if the landlord want to claim for this from the deposit, cant i counter claim.
The other thing here is that the property was burgled on 5th Dec 2015, this is the reason we moved out and gave notice on 18th Dec 15. Till we actually left (i.e. around mid Jan) the burgled broken door was not fixed by the landlord, so well over a month. PLus there was no ventilation in the property causing condensation as this door was nailed in and couldnt be opened.
Secondly how long can a landlord take to confirm how much they want to take off the deposit, my answer from the agent is that we need to allow a reasonable amount of time, but it is coming up to a month already. I know once a figure is agreed it has to be paid within 10 days. But we are not there yet and the landlord seems to have all the control here. It was my wife, me and 2 kids living at the property.
Considering all of the above, do i have a case to claim for the 3 weeks plus anything else? More importantly how long can the landlord take to claim anything for the deposit.
Submitted: 11 months ago.
Category: UK Property Law
Expert:  Jo C. replied 11 months ago.

Hello what else do you want to claim for?

Customer: replied 11 months ago.
im not sure, can i claim for health issues from the condenation caused because of lack of ventilation etc...not sure
Expert:  Jo C. replied 11 months ago.

From what health issues have you suffered?

Customer: replied 11 months ago.
just coughing etc...anyway this is a side point, leave it if its going to be complicated, the other points are more important, thanks
Customer: replied 11 months ago.
just an update here, i have now received a response from the landlord about how much to claim. To paint the best picture, here is what i had sent the estate agent on 18th Jan 2016. FYI she is claiming rent arrears of nearly £770, painting cost of £200, cleaning of £175
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To add, between the period of 18th Jan and 18th Feb (exact dates unsure) work was being done in the property as seen by the inventory clerk who came on 18th Feb. He also advised that Chancellors should have told him to come when we left in January. The state of the property was not like for like a) due to reasons explained above and b) due to work being done during this vacate time.Furthermore as stated once the Kitchen floor was refitted in June/July 2015 no follow up inventory by a 3rd party was carried out or pictures taken off the property. Even though the kitchen was being redone, this affected all rooms due to dust and materials needing to be stored. Appliances had to be moved from the Kitchen to Living room and stayed there throughout this time.What steps have been taken to resolve the matter so far?Contact with TDS via Sarah on 9th March 16, at this time as the claim amount had not been given to date, she advised to submit a dispute depsite of this.Constant dialogue with Chancellors informing them of the deposit situation since 18th Jan 16 (see reasons below). Advised by Chancellors all information has been relayed to landlord constantly. Despite this the claim amount was provided by Chancellors only on 10th March 2016. 7-8 weeks after property was made vacant, professionally cleaned and left unfurnished. To re-iterate Chancellors and Landlord knew about the situation since 18th Jan 16 therefore no claim should have been submitted in the first instance and full deposit amount should have been returned as per reasoning below.

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