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Marky T
01-06-2007, 09:37 AM
Does anyone know if there is a time restriction on deposit dispute. One of my tenants moved out six weeks ago and I advised him that I would not be returning deposit due to damage. I advised him to take legal advice but as yet he has not been in contact. It has been appox 6 weeks.

The deposit is being held by an agent and they have informed me that they cannot hand over the deposit until the tenant agrees. I cannot wait too long as I have already paid for the work to be done. Any advice?

Colincbayley
01-06-2007, 10:20 AM
There should be a time limit written into the AST saying when a deposit should be returned to the tenent or costs accounted for.

Send a letter to your LA together with quotes/receipts for the works and request that they forward the deposit onto you by return.

Marky T
01-06-2007, 10:35 AM
The tenancy agreement states that the deposit should be returned to the tenant after one month is there is no dispute. Obviously there is a dispute and it hasn't been returned. I was going to contact the tenant via the agent and advise them they have 14 days to respond otherwise the deposit will paid to me as I cannot hold on any longer.

tobylaura@btinternet.com
05-06-2007, 20:52 PM
I'm sorry u lot, but the above is rubbish.

You say u r witholding the dep for damage. well what damage? u have to prove that the tenant caused the alleged damage, further to fair wear and tear and that they alone r reposbible for it. the agents is right and cannot release the dep until u and the tenant come to an agreement in writing.
the onus is on you as L.L to prove why u want to withold the dep and give exact detiails in writing to show this.

If i was your T I would say the above and u cannot claim a penny until u can prove what your witholding reasons are and prove as to how much and why...ie: present costs incurred etc.

Sorry mate. I would take your arse to court if I was in your T's position and you did not act on any of the above. And I have done before and won.

L

DianeB
06-06-2007, 07:49 AM
I'm sorry u lot, but the above is rubbish.

You say u r witholding the dep for damage. well what damage? u have to prove that the tenant caused the alleged damage, further to fair wear and tear and that they alone r reposbible for it. the agents is right and cannot release the dep until u and the tenant come to an agreement in writing.
the onus is on you as L.L to prove why u want to withold the dep and give exact detiails in writing to show this.

If i was your T I would say the above and u cannot claim a penny until u can prove what your witholding reasons are and prove as to how much and why...ie: present costs incurred etc.

Sorry mate. I would take your arse to court if I was in your T's position and you did not act on any of the above. And I have done before and won.

L

Tobylaura, I've got news for you. There are tenants out there who DO cause damage to landlords properties and they DO deserve to have costs taken out of their deposits. I don't think you can claim to take any part of the OP's body to court without understanding the facts of his situation (which are not in question on this thread).

Colincbayley
06-06-2007, 09:09 AM
Tobylaura, I've got news for you. There are tenants out there who DO cause damage to landlords properties and they DO deserve to have costs taken out of their deposits. I don't think you can claim to take any part of the OP's body to court without understanding the facts of his situation (which are not in question on this thread).

I fully agree.

Paragon
06-06-2007, 09:51 AM
I'm sorry u lot, but the above is rubbish.

You say u r witholding the dep for damage. well what damage? u have to prove that the tenant caused the alleged damage, further to fair wear and tear and that they alone r reposbible for it. the agents is right and cannot release the dep until u and the tenant come to an agreement in writing.
the onus is on you as L.L to prove why u want to withold the dep and give exact detiails in writing to show this.

If i was your T I would say the above and u cannot claim a penny until u can prove what your witholding reasons are and prove as to how much and why...ie: present costs incurred etc.

Sorry mate. I would take your arse to court if I was in your T's position and you did not act on any of the above. And I have done before and won.

L

What a load of idiotic nonsense!!

Marky T
12-06-2007, 17:17 PM
Just to let everyone know that I still have not had a response even though we have confirmed in writing how much the redecoration and carpet cleaning has cost. It has actually cost £400 more than we were holding in deposit.

It has been approximately 8 weeks and I have not heard from the tenant or there legal representatives.

Colincbayley
13-06-2007, 08:04 AM
Looks like it is time is take them to the small claims court !