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Frank Scorpio

Landlord Not Acknowledging Checkout Report

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I need some advice regarding return of rental deposit having not been able to find an answer anywhere else.

About a month ago we moved out of our rented property as the AST had come to an end (Korean based landlord wanted to change agencies but didn't inform us quickly enough). An independent checkout company did our inventory check and the report states that there is no issue with the house just normal wear and tear.

So we are expecting to get the whole deposit back.

A month on and we have still not been paid back by the agency (who no longer have the landlord as a client). They are saying that they have emailed him the report but cannot pay us until he has agreed. He has simply not contacted them.

I've read a lot about return of deposits under the TDS but the sources I've read only refer to repayment having to be made within 10 days of both parties agreeing how much should be paid back. We are not in any kind of dispute and the landlord doesn't have the money he just probably doesn't care or its an oversight.

Are the agency right in saying that until they have his agreement with the indepdendent report, that they can't repay us? Kind of makes paying for an independent inventory check pointless.

This surely can't be true, there must be a limit in how long they can hold the deposit but I can't find any reference to this anywhere.

Cheers.

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I went through this, through the TDS.

Firstly, I am assuming that your deposit has been kept with the TDS, throughout your tenancy, or a comparable service? [if not I believe they are obliged to pay you back three times the amount of the deposit.]

Generally speaking, read the terms and conditions of your tenancy carefully. They are self explanatory.

[Does'nt apply in your case, as they have agreed to return your deposit, but fro anyone else, Be smart. E.G. If the landlord, goes with the Estate Agent to inspect your property, prior to awarding you with a 'move out report'.

Check that against the original 'inventory of condition' they gave you when you moved in. On ours, the Estate Agent was stupid enough to list the same damages on both reports. This proof that the damage was already existing when we moved in, showed proof of their fraudulent intentions, which I pointed out to the TDS. Allow them some room to make stupid mistakes. Don't hover over them, when they are compiling the final inventory of condition, pointing out to them that those damages were already there when you moved in. Get it all in writing first.]

Letter I sent. [One of many :angry:]

I would once again direct you to Clause A2.2

The agent must tell the tenant within 10 working days of the end of the tenancy, if they propose to make any deductions from the deposit.

You have until Friday 27th November, as per the contractual agreement which does exist between myself, **************, and Reeds Rains.

To inform me whether you intend to make any deductions from my deposit.

These are your terms and conditions of business.

If you do not understand your own clauses, I respectfully suggest that you contact your solicitors, who prepared your Terms and conditions, and ask them to clarify clause A2.2 to you.

If you do not tell me, the tenant, within 10 working days, that you do propose to make any deductions from my deposit, I expect my deposit to be returned to me in full.

-------------------------------------------------------------------------------------------------------

They are saying that they have emailed him the report but cannot pay us until he has agreed. He has simply not contacted them.

They sent me the same response as they sent you. Blame it on the landlord..

Im not sure how a court would view that. In mine own experience, with terms and conditions, in business, I have been through a number of disputes with companies, and you really do live and die by your terms and conditions.

But I very strongly suspect, if you were to take a private prosecution against them, or go see a solicitor, and show them the clause, they would agree, that your contract was with the estate agent, and as such, it was the responsibility of the Estate Agent to pay you back within ten days. PERIOD.

---------------------------------------------------------------------------------------------------------------------------------------------

My own landlord, along with the Estate Agent, tried to claim my deposit, and about one hundred pounds more, by listing existing damages. When I pointed this out to them. That the damages they had listed were on the original inventory of condition.

They then changed the list of damages, which they then sent to the TDS.

I realised they had done this, as the TDS are obliged to give you the Estate Agents correspondence, and so, I sent the original inventory list of damages to the TDS, who dismissed their claim.

Estate Agents and Landlords are, in the majority, thieving bastards, who almost expect to receive your bond, almost as a matter of course.......

The industry is completely unregulated. Charlatans, Sharks, Sharp Practice, are par for the course. For Instance, during the dispute, Reeds Rains, were constantly quoting and sending me regulations, they said they had to abide by, from the Association of Residential Letting Agents.

It then transpired that they were not even members of the ARL!

I informed the ARL, who did not give a monkeys. [All the numbers of the residential governing bodies, were basically the same as the NAEA]

I could go on and on.....

The most gauling thing, is that the TDS can only resolve disputes over bonds.

And the Estate Agents will continue to behave in this way. As they know the average renter has no recourse, except a private prosecution, which frankly who can afford?

I should have sent them an invoice for wasting my time, and admin costs of correspondence as well.

After I won the case.

Edited by Dan1

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I need some advice regarding return of rental deposit having not been able to find an answer anywhere else.

About a month ago we moved out of our rented property as the AST had come to an end (Korean based landlord wanted to change agencies but didn't inform us quickly enough). An independent checkout company did our inventory check and the report states that there is no issue with the house just normal wear and tear.

So we are expecting to get the whole deposit back.

A month on and we have still not been paid back by the agency (who no longer have the landlord as a client). They are saying that they have emailed him the report but cannot pay us until he has agreed. He has simply not contacted them.

I've read a lot about return of deposits under the TDS but the sources I've read only refer to repayment having to be made within 10 days of both parties agreeing how much should be paid back. We are not in any kind of dispute and the landlord doesn't have the money he just probably doesn't care or its an oversight.

Are the agency right in saying that until they have his agreement with the indepdendent report, that they can't repay us? Kind of makes paying for an independent inventory check pointless.

This surely can't be true, there must be a limit in how long they can hold the deposit but I can't find any reference to this anywhere.

Cheers.

This is actually very simple. In the original contract it should state which bank and whose account the deposit is held in. i think you'll find it is the estate agents'. So armed with the final report, call up the EA and ask for their legal advisor. They won't have one. Tell the EA that you need to arrange a preliminary hearing to recover the debt and that you will be informing the TDS that based on the fact that the EA is unable to repay the debt in accordance with the original terms, that you believe the EA might be facing imminent bankruptcy and have an appointment the next day to discuss with the local council. Bankruptcy of an EA is a matter of public interest if they are still taking deposits, so you would also look to involve the local media (seriously, I've done this).Two days later and the deposit was back in my account. Tell the EA that the magistrates clerk needs the name of the person who will be attending the hearing. That will force someone at the EA's office to think very hard about whether they give the name of the Managing Director, an expensive lawyer or ... simply repay your deposit.You can also inform the TDS that the EA is looking to default. That will place them on a watchlist with the TDS and impair their credit insurance. Ouch.SO many interesting possibilities!!

Edited by Sir Sidney Ruff-Diamond

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I need some advice regarding return of rental deposit having not been able to find an answer anywhere else.

About a month ago we moved out of our rented property as the AST had come to an end (Korean based landlord wanted to change agencies but didn't inform us quickly enough). An independent checkout company did our inventory check and the report states that there is no issue with the house just normal wear and tear.

So we are expecting to get the whole deposit back.

A month on and we have still not been paid back by the agency (who no longer have the landlord as a client). They are saying that they have emailed him the report but cannot pay us until he has agreed. He has simply not contacted them.

I've read a lot about return of deposits under the TDS but the sources I've read only refer to repayment having to be made within 10 days of both parties agreeing how much should be paid back. We are not in any kind of dispute and the landlord doesn't have the money he just probably doesn't care or its an oversight.

Are the agency right in saying that until they have his agreement with the indepdendent report, that they can't repay us? Kind of makes paying for an independent inventory check pointless.

This surely can't be true, there must be a limit in how long they can hold the deposit but I can't find any reference to this anywhere.

Cheers.

You must get the dispute resolution process started with the TDS. If you don't know which TDS your deposit is registered with (you should have been told this), then there are only three: ring them.

Don't wait for your Korean landlord to contact you. He doesn't care, and is probably unaware of the requirements. The agency doesn't care either. Make them care. The only way to do that is with legal sanctions.

I am beginning to think that, even with the long-overdue protections afforded by the TDS legislation, it would still be a better course of action for tenants to just withhold the last two months rent. Landlord references for future rentals can be easily faked.

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  • 149 Brexit, House prices and Summer 2020

    1. 1. Including the effects Brexit, where do you think average UK house prices will be relative to now in June 2020?


      • down 5% +
      • down 2.5%
      • Even
      • up 2.5%
      • up 5%



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