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Old 07 August 2009, 04:31   #31
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It sounds like they are being deliberately awkward.

Is the deposit held under a tenancy protection deposit scheme?

http://www.direct.gov.uk/en/TenancyDeposit/index.htm

"At the end of tenancy the condition and contents of the property should be checked against the agreement made at the start of the tenancy. The landlord or agent then agrees with the tenant how much of the deposit will be returned to them.

Within 10 days the agreed amount of the deposit will be returned to the tenant."
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Old 07 August 2009, 05:24   #32
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Neil, thanks for that. I had a look on there but didn't see that bit at the bottom. To quote the full paragraph:

"At the end of the tenancy, check whether you are leaving the property and its contents in the condition in which it was let to you - allowing for fair wear and tear- and check that you have paid your rent and any other expenses. Then agree with your landlord or agent how much of the deposit should be returned to you.

Within 10 days you should have received the agreed amount of the deposit."

I'm guessing based on that they can legitimately wait as long as they like if you haven't proved/been able to prove all the bills are paid?
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Old 07 August 2009, 07:54   #33
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I think deposits now have to be registered under these schemes. It's worth checking this point.

The alternative might be to start small claims court proceedings against the landlord or agent or advise them you're considering it. There's absolutely no need to hang on to a tenants deposit unless the property is damaged in some way.
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Old 08 August 2009, 18:18   #34
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Sorry to hear about all this hassle

Quote:
Originally Posted by Tim M View Post
It's been quite a few weeks now since we moved out. We still haven't got out deposit back! The agents I'm fairly sure are trying everything in the book to stall for as long as possible just to irritate us. The latest is they need written confirmation from all the utility companies, council etc to prove that all the bills, council tax etc were paid off.......Are they within their rights to do this or are they taking us for a ride?
Tim

Agents don't hold the deposit as mentioned else where, sometimes they charge a commission to put it in a scheme. By law they are required to hold it in one of the 3 government recognised schemes. If they claim they have there own scheme then all they have done is sign up with one of the 3 umbrella schemes.

Deposits can not be held against utility bills and council tax, these things are specifically excluded by the act. So there stalling is wrong.

At the end of the tennancy the scheme will return the funds dierctly to the tennets unless the landlord makes a calim, in that case funds are held back from both parties until they either come to an agreement or go for arbitration.

The landlord (or his agent) are required by law to tell you where your money is held.

I have a very good property solicitor based in Fareham I have used for a few jobs. Give me a call /email and I will give you his details- I have worked my way through several of them and this firm is good.

If your still stuck for somewhere to live and feel like trying a more civilised city to live in I have somewhere that may suit you. I don't use agents, I hold your deposit in a recognised scheme and I fix problmes as they occur.
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Old 09 August 2009, 16:05   #35
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You need to give 7 days notice in writing and obtain a proof of delivery to return your cash otherwise you will:-
1 Issue a summons in the small claims court costs 70 ish depending on the size of your claim you can do this online really easy
2 You will inform the local trading standards
3 You will report them to the Inland Revenue on the basis that if they are f***ing you around they are probably fiddling their books.
4 Send a report to the Local press which will F**k them for future tennants any pics of the defects would be a bonus.

My guess is that they will pay up at the eleventh hour if they don't carry out your threat the 70 fee will be payable by the Tosser landlords

good luck
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