4 weeks ago I ended a rental tenancy. The agent holds our deposit who is a member of the Tenancy Deposit Scheme.
We had a checkout with the agent who agreed that the house looked in excellent condition (in many respects in better condition than was written in the inventory). There were a couple of minor points that the Agent said that she wanted to notify the landlord about though.
8 working days later we were written to by the agent saying that they were waiting for the landlord to respond to the minor points.
13 working days after the end of the tenancy the agent wrote again saying that the landlord had dismissed the minor points but had found some other damage that they were considering and were going to get a quote for. This new damage had not been mentioned during checkout and we deny being the cause of it.
Our contract states:
[QUOTE]”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.
If there is no dispute the Agent will keep or repay the Deposit, according to the agreed deductions and the conditions of the Tenancy Agreement. Payment of the Deposit or any balance of it will be made within 10 working days of the Landlord and the Tenant agreeing the allocation of the deposit…”[/QUOTE]
I informed the agent immediately that we denied being the cause of the damage but it was academic since the contractual time for proposed deductions had passed. The agent replied saying they would wait to see what the landlord said.
It is now 4 weeks from the end of the tenancy. We heard nothing back from the agent and still no proposals of deductions have been made. I wrote again today stating that I would like the full amount paid ASAP. The agent replied that she had chased the landlord earlier that day but couldn’t release the money until both parties agreed. Every time I mention the terms of the contact I am just ignored.
So my question is do I have the right to insist that the agent release the money? I’d like to back up insisting we have the money paid back with something. I’m not sure whether to raise a dispute with the Tenancy Deposit Scheme? Or is this a breach of contract that a county court should deal with? I’d prefer not to have to actually dispute the damage if possible since the accusation was quite insulting and the landlord can be quite unpleasant and intimidating.
Many thanks for any advice.