Hi my landlords letting agency is holding my £1,000 deposit through the TDS scheme we moved out to the house 6 weeks ago but only in the last couple of days they have done a house check and now they have a list of things they wish to cross charges against the deposit. In my contract in black and white there is a clothes that says the “agent must tell the tenant within 10 working days of the end of the tenancy if they propose to make any deductions from the deposit”
Clearly far longer than 10 days has gone and yet the letting agent says they can still make a claim against the tds deposit. surely as this is a signed contract and the 10 day ruling must apply ?
If the deposit is protected as insured then there is a 10 day law to return ( that is the Landlord has your money)
If the deposit is protected as custodial then there is a 14 day recommendation to return but no law on date of return ( that is scheme has your money).
Call the scheme and find out what kind of deposit it was registered as.
As a caviat to house check six weeks after you depart is taking the proverbial unless they were ill or in hospital etc.
Their inventory has to be dated. Six weeks would not not likely hold up in a dispute.
Dispute the claims and take it to adjudication if it gets that far.
First check how the deposit was protected and if it is insured then threaten them with legal action.
Are the proposed deductions valid?
You can write back to the agent stating that they are in breach of contract by not dealing with the deposit within the stated timescale and that as it has now been 6 weeks since you moved out, any number of people could have been into the property in the meantime and caused the issues they are claiming for and so on this basis you will be disputing any attempt to claim the deposit from TDS.
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