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Stuart J
Stuart J, Solicitor
Category: UK Property Law
Satisfied Customers: 22624
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

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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.
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On what grounds do they feel they are able to deduct money from the deposit?
Customer: replied 4 years 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

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 4 years 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.

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

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

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