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artyshaw

Security deposit - Agency wants to temporarily withhold £100

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Young couple came around with letting agents to view the property.

We chatted and I gifted items such as dining table and sofa on the proviso  the letting agents and landlord would not take issue with me leaving the items there. The agent showing the propery had no issues and we agreed to square it all up via email cc'ing all parties. 

I emailed the agency which included the lady managing the property, landlord and cc'd the young couple and asked the agency/landlord to let me know if there was an issue so I could make other arrangements.

On final check out an agent came around to do the rounds and he said he was aware of the the items being left as he had seen the emails that morning and there was no issues.

Fast forward to now, the agency have proposed to withhold £100 in case the application of the new couple falls through and they are at cost to remove the items.

To be honest, I understand the concern, however I'm somewhat surprised the concern is raised now and not prior where I could have made other arrangements as per my initial email.

I've instructed the agency to return the deposit in full as there were no issues with the check out. This was via email on Tuesday. I'm half expecting them to play hardball and drag the deposit return out until the pending application of the new tenants is approved.

Where do I stand with this particular situation? Are they obliged to return the deposit in full as instructed?

Further to this, I discreetly recorded the conversation during the final check out so have the agent confirming no problems with the items being left behind and he had seen the emails. With this in mind I'd use this if an objection was raised by the landlord trying to claim from my protected deposit.

Thanks for ready :-)

 

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In more legal speak

Tell the LA to go swivel and give you back all the deposit, if they dont take it to the tenancy deposit scheme, the deposit is with and go through them

 

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I've been given the run around by the letting agency, or more so the agent managing the property. I've just fired this email off to the senior managers.

//

I’m hoping someone senior can help with the issue without the need to involve TDS. As it stands the issue is not being dealt with.

 

I am disappointed that my deposit is being withheld at no fault of my own. Items were left at the property (xxxxxxxxxxx) for the new tenants in a private agreement. Both Nock Deighton, the landlady and new tenants were in an email exchange (14/11/2017) a caveat was placed stating I would make other arrangements if this caused an issue. No issues were raised by either Nock Deighton or the landlady.

 

During early checkout (16/11/2017) your agent confirmed he was aware of the items being left, confirmed he had seen the emails and that there were no issues. I have a contemporaneous record taken at the time to support this and will make it available if so required.

 

Your email five days after checkout (21/11/2017) then states the landlady wants to withhold £100 of my deposit until the new tenants move in. I was somewhat surprised that the landlady whilst being fully aware prior, then reneged, thus creating this unnecessary issue when there wasn’t one before.

 

If any issues had been raised regarding the said items, I would have happily moved them before checking out. The fact that no issues were raised with ample opportunity before and during final check out somewhat confuses me, again, final check out is on record and along with supporting emails can and will be made available if TDS require supporting evidence.

 

The whole situation is disappointing and I feel it has been handled very poorly and have good reason to believe the recent email exchanges are merely an attempt to draw out the process of returning my deposit.

 

The fact remains, an arrangement (fully documented) was made which has now been reneged at no fault of my own and the matter requires prompt resolving.

 

I am in the area on Thursday and if you wish to resolve the matter without the need of TDS involvement I will happily collect a cheque for the full amount and deem closure. If this is not the case please forward me my Tenancy Deposit Certificate Code found on my TDS Tenancy Deposit Certifcate (which I do not hold) so I can initiate proceedings with TDS.

 

I look forward to your prompt response.

 

//

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