Unprotected deposit Mark 2!

[mkgirl]

Hi

This matter still isn't resolved as agents aren't budging. We complained to uni and agents told them they offered deposit back but we declined?!! Obviously not true but uni have accepted this. So only option is a solicitor or small claims. As they've sent solicitors letters does this mean we must appoint a solicitor or can we still go via small claims? Small claims would be easier/cheaper route.

[jpkeates]

You can use small claims.
Solicitors can be a greater threat as they will want their costs as well as the deposit.

Ask the university to confirm via email what the agent told them.

[mkgirl]

The agent told them they protected the deposit late but none the less protected it. They said the offered it back but the students said the wanted 3 x the deposit back, not true. The students sent an email as advised by agents which states they wanted the deposit back but reserved the right to seek compensation at a later date if they do chose to. Perhaps that was the wrong thing thing to say!

[jpkeates]

It was probably a bit threatening (and perfectly understandable).

There's no need to reserve the right to take action, that right is simply there.
If the agent's offer was conditional on them waiving the right to take action, they were right not to take it.

The law is specifically designed to be policed by tenants - the penalty is specifically there to encourage them to penalise agents and landlords who fail to do what they are meant to.
The concern otherwise was that the work would otherwise fall on local authorities or trading standards who would be overwhelmed.

[mkgirl]

Yes in hindsight it perhaps was. It wasn't conditional and nor did they come back and ask for it to be in full and final settlement. They simply started sending solicitors letter. We will go via small claims and see what happens.