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Can my landlords agent do this?
Hi hope you can help.
I left a property on the 1st Oct this year and a new tenant moved in on the 3rd. The exit inspection was also done on the 3rd and it was noted the oven needed cleaned which I was a bit taken back by but agreed to go ahead to get everything complete. The agent then came back to me on the 20th October to state the deposit had not been returned due to the fact that the new tenant had complained about the state of the garden with weeds etc and that this would also be deducted from my deposit. My Question is, can the agent withold further money from me considering they told me all was ok except the oven 16 days prior?
Thanks
7 Answers
- LandlordLv 710 years agoFavorite Answer
All damage is not always discovered in a walk thru.
You can only be charged for this if your lease states you maintain the garden, and they had to hire someone to take care of it.
- Anonymous10 years ago
I'd suggest no. However, the advice to go to the CAB with this is a good one as it's often better to have somebody independent speaking for you, much as normally speaking, the agent should be acting for YOU, as much as for the landlord. I'd suggest this is a ploy not to make you a full refund, and I'd call their bluff. If you are in the UK, no garden looks at it's best at the back end of the season. However, if the state of the garden was an issue, it should have been identified during the final walk-through. Not because the new tenants are complaining!! Their 'complaint', if any should be with the landlord and agent - who to my mind, is passing the buck here. I should know, but can't remember about the interval allowed re the return of the deposit.
Again I'd call their bluff, and counter with a 'I'll make a claim via the Small Claims Court if you don't make the refund'. Confirm with CAB.
Add - If you are in another rental, take my advice and get round there, inside and out, taking as many photos of the property right now, as you can. There seems to be far too many instances of agents/landlords finding any excuse they can, for not making a full deposit refund these days. And take photos when you leave.
- 10 years ago
Written into your lease should have been the agreed upon amount of deposit, what it covered; meaning, what your responsibility was/is (the domicile or both domicile and property), and explanation of the time frame in which the agent/landlord was obligated to do the following: 1: Conduct the "walk thru" inspection of the residence, and 2: Alert you of any damages that might cause your deposit to be withheld and/or to give you an opportunity to repair the problems yourself (should you still be residing at the property, or should it be provided as an option on the lease), and 3: to return your security deposit.The wording is usually something like this: The landlord's agent will inspect the property for damages no later than on the third day of the tenant's departure from domicile and will notify the former tenant of the inspection results and the disposition of tenant's security deposit no later than one week from the day of inspection. Look at your lease. If any part of the agreement has been breached, then you may have recourse. If thelease was unclear, then you should contact the agency in your town/state that handles tenant/landlord disputes to see if you have any redress.
- 10 years ago
Your deposit should be protected by one of 3 government approved schemes.
You should dispute the agents deductions with whichever scheme they use.
The agent can charge you for any problems you caused even if they are not noticed until later - but if you dispute the deductions, then they will have to prove to the deposit scheme that the problem is down to you and that the amount they are deducting is fair.
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- Anonymous10 years ago
Take advice from your local Citizens Advice Bureau.
If they can't sort it out over the phone and they think you have a case then they may advise you take it to the small claims court. This will cost you a little up front but you will get that back if you win the case as the loser ends up paying the court costs. The fee is dependent on the amount being claimed and is not usually too expensive.
- Anonymous4 years ago
If the deposit is as you're saying secure via the TDS then you definately and your landlord are thoroughly secure. The agent won't have the skill to keep the deposit and if it extremely is been placed into the custodial scheme the agent won't easily have it besides. yet you will no longer see your deposit till your tenancy ends.
- Anonymous10 years ago
your landlord is taken the micky out of you