To want my deposit back!(24 Posts)
Can you contact the deposit protection scheme that was used?
For a start, even if they want to make deductions, they have to return the balance immediately. I agree, check what deposit scheme the money is with and call them.
I was a landlord and agree you need to find out where they money is being held. It should have been held in a deposit scheme who will be independent. Basically if the landlord is wanting to withhold some or all of the deposit they need to apply to the company who are holding the deposit and make his/her claim, you them counter claim and the company will rule who gets what.
DPS is your friend here.
If deposit isn't in DPS then LL is going to be in trouble and you can get 3x your deposit back!
I'm in the process of returning a deposit just now. I log on and say it's all good to go. Lead tenant gets an email to log in and say where the money is to go. Once that's done money should be in the account of the tenant within 5 working days. A month is too long.
You should have received an email from the deposit protection scheme saying what your reference number was when the deposit was initially protected. Go through your emails from that time. If you didn't get that email then it sounds like it is not protected and you can, as someone said above, claim up to 3x the deposit amount from the landlord.
The details of where your deposit is held should be with your tenancy agreement. The LL/ agent has to provide you with them at the start of the tenancy.
Lemony, sounds like they haven't protected it. They should have given you proof of protection within 30 days of you moving in.
I'd start looking in to legal proceedings. Claim back 3 times the amount.
Same comment as others. If they can't prove that they put the money into an approved scheme and gave you some prescribed and very detailed information at the start of the tenancy, they are in a weak position. Maybe start with Citizens' Advice?
Perhaps the discrepancy was that the agents realised it hadn't been protected when it should have been and are panicking!
You shouldn't have to contact them! You should've had a letter which clearly explains where it is being held, and how you get it back!
If you didn't receive one, it's not in a scheme (well v v v unlikely it is as you need to have had a letter) and it's against the law. It's not money they can keep and gain interest on!
I had to threaten my old student estate agents with reporting them- uni blacklisted them too after we explained- as they refused to give us £900 back (£300 each) as there were a pack of hair clips on the carpet!! We ended up getting it all back in the end.
You can take them to court and get it back with compensation if it wasn't protected, i think, anyway!
you don't happen to be in the north east by any chance do you?
Did you speak to them on the phone? Did they say why they can't give you details of the DPS?
Did you check out the Shelter link given above?
If they haven't protected it then no, they have no right to make any deductions as they haven't given you the opportunity to counter their claim. You should demand proof of protection (and if they do give you anything, do check it yourself in case it's falsified). If they refuse to, or give you false info, then demand the full deposit back with the threat you'll take them to court if even a single penny is missing from the deposit.
They are trying their luck. Uni agents are shite. I was there before the deposit protection law came in. I simply withheld my final rent payment because they were so shite at doing anything.
If you money is in the deposit scheme the landlord (via the agent) has to request a proportion or all of the deposit is held whilst they dispute it. If LL asked for part of it held then the rest gets returned to you. Then the LL has to send in details and evidence of what and why they are claiming these monies from you. You also get to counter this claim with your evidence and claims. The deposit scheme is the adjudicator and what they decide you both son to say you agree with. It is irrelevant whether LL has already cleaned/replaced or not, if the adjudicator deems LL should be awarded the money then they will rule and return what's left of the deposit (if any) to you.
I hoe this makes sense. I have recently been through this process as a LL. This process can take up to 3 months.
If your deposit isn't being held in deposit protection scheme I think you can sue them for the 3 times the deposit you paid so I've heard (could be rubbish)
We have just gone through the process of withholding some of a tenants deposit (we wanted to withhold all of it) and there is a set process that must legally be followed.
Within 30 days of you providing your deposit your landlord must provide you with proof of the scheme they have put your money with or you can claim 3 X the deposit back from them.
At the point the landlord makes a claim they have to fill in a lot of info and provide a lot of supporting evidence as to the values they are charging and they must provide pictures as proof. The deposit scheme will then contact you to provide a rebuttal and you can load your own evidence or statements against the case.
The scheme will then arbitrate and make an award that is final.
If you were never sent details of a scheme and have not been contacted by a scheme this either means they've not started the dispute yet or have never registered your deposit.
I would seriously threaten to start legal proceedings against them if they don't start to give you answers.
For the future you should always make sure you receive details of the scheme your deposit is being held in within 30 dayS.
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