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monkfishery

Deposit Wtheld, Legal Position

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Hi

,I was wandering if you might be able to help me with a query. My housemate and I have recently left a rental property , which was rented through a Manchester-based letting agency, Homes4u.

We are in dispute with the agents over the return of our deposit as they claim that we have broken the fridge freezer.

Our contention is that it was in perfect working order when we left the property on the 31st of May, 2006, at which point it was turned off and unplugged, which is the norm in such circumstances. A house inspection confirmed that everything was in good order, although this was not in writing.

It was not unitll today, (16th of June) that we received a call from our former agents informing us of damage to the freezer caused by the alleged leaving on of a 'fast freeze' button. This was despite the fact that it had been siwtched off. Apparently new tennants, who moved in on the 6th of June, complained that the fridge freezer was not working properly, and an inspection confirmed the afformentioned cause.

We feel that we have been accused of damage to property, when in effect the main negligence rests with the letting agent, and quite possibly the current tenants, seeing as we have only been made aware of this 2 weeks after moving out? It appears that we are being blamed for something beyond our control, which happened once our contract had elapsed.

We are planning to get this verified by an independent inspector as a matter of course, but were just wandering if anyone could advise us on the possibilities of claiming for our full deposit back, possibly through legal action, and whether we would be entitled to any legal aid to do so?

I understand that under the 2004 housing act, that deposits should be returned within 14 days, however, we only found out about this problem 16 days after moving out.

Sorry bout the essay!

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Guest muttley

The onus is on the LL o letting agency to prove that the fridge freezer was damaged by you. I would have thought that this would be difficult to do, as someone else has moved in since you left. How could the court be sure that the damage was not caused by the new tenants?

Put a claim in through the small claims court.

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The onus is on the LL o letting agency to prove that the fridge freezer was damaged by you. I would have thought that this would be difficult to do, as someone else has moved in since you left. How could the court be sure that the damage was not caused by the new tenants?

Put a claim in through the small claims court.

Thanks Mutley.

My thoughts exactly! Think we're gonna have to take 'em on!

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Thanks Mutley.

My thoughts exactly! Think we're gonna have to take 'em on!

Sounds like they are trying it on. If their only complaint against you is that the fridge has stopped working after you've left, and while new tenants have been present in the flat, small claims should see your deposit back even if a clear letter indicating your intention doesn't.

Out of interest, how big was the deposit?

Good luck,

btp

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Thanks btp,

The deposit was £650, so a tidy sum, can live without it for the moment, but its just the principle!!

They were quite possibly the worst letting agents ever, and to have them accuse us is just out of line! Fascists!!

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Surley the agency had to check the property before it was rented to new tenance to give them a fair statr! They wouldn't move in if freezer was not working. Reflect on the paper work you reicived prior to moving in to that property and request the same for the tenance after you, it should clearly state if something is damage

good luck

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I bet that someone from the letting agency or new tenants switched on the 'fast freeze' button and damaged the fridge.

Of course the fridge may not even be damaged at all and they're are just lying.

As ‘the worst letting agents ever’ they probably always try and keep back deposits and assume that most people will back down because they are badly informed about they're rights.

I’d love to hear the result.

Good luck.

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I understand that under the 2004 housing act, that deposits should be returned within 14 days, however, we only found out about this problem 16 days after moving out.

This is not true I'm afraid...not sure where you got this from!!

However, with regards your claim, they don't have a leg to stand on. Sue them, you are almost guaranteed to win.

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  • 302 Brexit, House prices and Summer 2020

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      • down 5% +
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      • Even
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      • up 5%



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