Leasing agency with holding deposit.

  • Filter
  • Time
  • Show
Clear All
new posts

  • Leasing agency with holding deposit.

    I moved out of a property I had been renting for 18 months on 25/08/06. An inspection was then carried out and it was reported that cleaners were required to clean. The report mentioned very petty things such as mark on radiator, mark on door, and so on and so on. I was very suprised at this as myself and my girlfriend had spent alot of time cleaning before we moved out!

    I am still waiting for my deposit to be paid back to me. I have been intouch with the leasing agency on many occasion and they have informed me that they are still waiting for the invoice from the cleaning company.

    A friend of mine has told me that a deposit must be legally returned within 28 days of the keys being returned if not then the ex-tennant is entitiled to the full ammount of the deposit. Can anyone tell me if this is the case or not.

    Cheers, Phil.

  • #2
    I and others have posted huge amounts of stuff on this and it is such an often posted question that you should really have a look at the archived stuff on this.

    You need to look at your inventory too as the landlord has to prove matters, not you disprove them, and if you haven't signed one he doesn't have a hope! Most inventories are not that good. If you need to take the landlord to court (not the agent as they have no legal connection with you, and are NOT entitled to decide on the apportionment of the deposit's return) then do so. Either the landlord directs the agent as to what he wants to retain or you and the landlord jointly have to agree before any deposit it returned depending on how it is held. If you can't agree then the court must decide and tenants usually win if the inventory is poor.

    Have a look at my article accessed from the home page on "deposits & their status". I wrote it at least three years ago and it probably needs an update but it tells you the meaning of stakeholder and landlord's agent as the two ways in which it can be held.
    The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.


    Latest Activity


    • Referencing question
      A couple wants to rent from me, she is on maternity leave and will not be returning to her previous employment, he is permanently employed and moving due to a job transfer. I have referenced him for the full rent and his guarantor has been successfully referenced.
      I am going to prepare the ast...
      22-07-2017, 17:19 PM
    • Claiming for protected deposit
      This is an interesting one, got me into a spin.
      Tenants signed AST but decided to leave after 6 months and 3 days (problem with moving) using the break clause in the AST. I protected the deposit using DPS (Insured) and returned the deposit minus deductions when the moved out.
      I served the...
      21-07-2017, 08:00 AM
    • Reply to Claiming for protected deposit
      I'll leave it at that. I'm not going to get into one of JPK's interminable arguments.
      22-07-2017, 16:28 PM
    • Discussion - GDPR and implications on landlords
      I've just posted something on GDPR and then wondered whether it had been discussed on here before - a quick search implies its never been mentioned.

      I thought I would raise a topic to discuss it and the implications on landlords.In effect this is a replacement of the Data Protection Act...
      20-07-2017, 15:01 PM
    • Reply to Discussion - GDPR and implications on landlords
      That's simply one of the Schedule 2 exemptions which, if met, allows a process using personal data at all - all the other principles still apply in parallel (where it can be stored, be not excessive, kept up to date etc).

      So, while it might be OK because it relates to a contract, there...
      22-07-2017, 15:22 PM
    • Excessive estate agent fees
      I have a property which I started renting out via an agency. When the contract started, they found new tenants, did the relevant checks etc and charged an upfront fee which equates to approx one month's rent. As one year has almost passed, the agent has approached me asking if I want them to 'renegotiate'...
      21-07-2017, 16:26 PM
    • Reply to Excessive estate agent fees
      A new 12 month fixed term does provide LL & T with extra security but can lead to complications for either if their resp circumstances/legislation change during the new AST.
      Personally, I would prefer if a orig AST was for a fixed 6 month term, followed by an SPT that required both LL &...
      22-07-2017, 14:09 PM
    • Reply to Discussion - GDPR and implications on landlords
      In this case there should be no problem because:...
      22-07-2017, 12:30 PM
    • Reply to Excessive estate agent fees
      I'm not sure they're "lying", they're just making some assumptions.

      The agent can't decide if something is "too" risky or not - there are upsides and downsides to having a new fixed term agreement, and they're right to point out, for example, that the income would be...
      22-07-2017, 12:28 PM
    • Reply to Discussion - GDPR and implications on landlords
      Unless the tenant has given consent for the data to be used in this way, probably.

      There's a grey area with this kind of data, because it's obviously been obtained for a purpose (which is to facilitate the renting of a property) and that's what it's being used for.
      There's usually...
      22-07-2017, 12:23 PM