Quick question about the timeframe of the return of the deposit

(26 Posts)
Zhabr Tue 09-Aug-16 18:49:53

Hello, how long is it normally take to hear some info about the return of the tenant deposit? Our check out was nearly 3 weeks ago and we did not hear anything so far...

Zhabr Wed 10-Aug-16 07:36:41

Anyone?

wowfudge Wed 10-Aug-16 07:41:31

Are you dealing direct with a landlord or via an agent? Do you know that your deposit has been protected? After three weeks I would contact the relevant deposit scheme and ask for your money. They'll advise on what to do if there are any issues. Have you asked about getting your deposit back or just waited? Was an inventory check out report carried out when the tenancy ended? Do you have a signed copy of the inventory report from when your tenancy started?

YelloDraw Wed 10-Aug-16 09:20:52

Hi, let me google that for you.

Your landlord must return your deposit within 10 days of you both agreeing how much you'll get back. If you're in a dispute with your landlord, then your deposit will be protected in the TDP scheme until the issue is sorted out.

www.gov.uk/tenancy-deposit-protection/overview

Have you actively chased up the agency? Get proactive!

Zhabr Wed 10-Aug-16 19:13:17

Thanks, Wowfudge and YelloDraw. We are sort of dealing with both, agency and landlord. Deposit is protected, we actually have send an email several days ago and got no reply so far. I think it is indeed time to be proactive.
We had a chechout which lasted for 3 hours actually. The guy said that we should not have a problem as we've been in the house for 7 years, it was not professionally cleaned or refurbished before we moved in and now the house is in the roughly the same state as it is been only 7 years ago.

PragmaticWench Wed 10-Aug-16 21:41:17

If it is protected you should have been sent details by the protection scheme at the time of starting the tenancy of how to reclaim your deposit. You will need to go through the scheme with your login details to see if the landlord has released the deposit. If they haven't by this point, you can raise a complaint with the protection scheme who will arbitrate between you if necessary.

PragmaticWench Wed 10-Aug-16 21:42:48

My point is that you won't necessarily get anywhere by emailing the agent or landlord, you need to log in to the scheme and claim it back yourselves, or at least start the process.

Thewolfsjustapuppy Wed 10-Aug-16 22:22:52

Log into the relevant deposit protection scheme - you can search for your ID on the website if you have the deposit amount and address. Then you can make a single claim for the whole amount to be returned, they have 14 days to respond. If they do not respond to your request or your emails etc then the DPS will send paper work for you to fill in and get witnessed by a solicitor and you will go through the the process of getting it back that way (it may take a month or so I think) if they do respond they may dispute what you want to claim so they may reject your claim, you can then make another claim and haggle with them. If you cannot come to an agreement over how much should be returned to you then it goes to arbitration. The party that submitted the deposit must be the ones to raise the disput and take it to arbitration - I don't know why this is but it is the situation I am in at the moment as the landlord won't release the deposit as I won't agree to the amount he wants to keep but they are dragging their feet over raising the disput, very frustrating as I just want it dealt with.

Zhabr Wed 10-Aug-16 22:38:11

The deposit has definitely not been released. I just wonder if there is a legal timeframe for the landlord, I haven't heard anything for the three weeks, either positive or negative. They are taking ther time...
Good advice, Pragmatic.
TheWolf, I am afraid I will be in the same situation as you. Very frustrating... Are you going for arbitration?

Thewolfsjustapuppy Thu 11-Aug-16 23:00:42

Yes, or at last that is what I have asked the letting agent to initiate. Unfortunately the LL has now come back with another request for me to agree to his demands for most of my deposit. It's turning into a rediculous game of who can be most stubborn that would be me hands down.
If you make a request through the DPSyour LL has 14 days to respond, if he doesn't it will go to arbitration I believe.

Zhabr Fri 12-Aug-16 08:19:09

Ok, so we made a claim for a full amount of deposit to the deposit protection scheme and got an answer that the landlord does not agree with that. Then we sent another email to the landlord and the agency, got no reply again. So we don't know the amount they would like to take from the deposit as it's just no communication for more then 3 weeks. Don't know what to do, call them directly? Or to write another email using Shelter template?

Queenbean Fri 12-Aug-16 08:24:39

If it goes to arbitration, do it. I did and got back 95% of the debated deposit

BumbleNova Fri 12-Aug-16 09:08:42

I agree with queen - do not be afraid of the arbitration process, its a very pain free way of getting the situation sorted. do email the LL though and push them for a response. give them a deadline to respond, letting them know after which date you will move to arbitration. stand up for your rights on this one, too many LL's rub their greedy little hands together and try and deduct as much as their can. not all LL's but there are those out there who will try.

wowfudge Fri 12-Aug-16 10:27:28

Write to the landlord c/o the agents - obtain proof of posting from a post office - and set out the dates you have contacted them and the fact that you understand from the deposit scheme that they are proposing to make reductions but haven't told you what those proposed reductions are. Put the date the tenancy ended, the date the check out agent attended and the address of the rental property in your letter.

Do you have a copy of the check out report? If not request a hard copy in your letter. It is harder to deny receiving a letter than an email and records of correspondence will help if the dispute goes to arbitration.

Zhabr Fri 12-Aug-16 15:03:41

Thanks, Bumble and Wow. No, I don't have an any copy of the checkpot report due to no communication. Another good point.

BumbleNova Fri 12-Aug-16 17:14:42

You will need it as evidence - insist on it receiving a copy. do you have a copy of your check in report?

Zhabr Fri 12-Aug-16 19:02:58

Yes, I have the copy of the check in report. Called the agency today and they told me that landlord is studying the check out report, so I may have some news on Monday.

Zhabr Tue 16-Aug-16 10:21:07

Well, nearly 4 weeks now. Still no deposit/ any info about the sum they possibly are claiming. Just sent another email with the request of the hard copy of the check out report. As they rejected our claim for the return of the full amount, it means they are responded and all we can do now is to send countless emails...

wowfudge Tue 16-Aug-16 13:57:47

Contact the deposit scheme again and tell them you still don't have a copy of the check out report and, more importantly, you haven't had your deposit returned. Get them to tell you what their procedures are.

Needmoresleep Tue 16-Aug-16 14:07:00

If the agent is part of a chain, you might check to see which, if any associations they belong to. Then ask about their complain proceedures. Write to the agency, confirming you need a copy of the check out report, as you are unable to come to an agreement with the LL, and so will need to go to arbitration. Say you are disappointed that you did not have a reply to your earlier request. Say oyou will complain if they do not provide it to you quickly.

(Its not always LLs. I have just had a tenant who did a flit a month of so into an 18 month contract. I suspect he failed his probation for his job. He says he is only prepared to pay 1/3 of a month's rent in lieu of notice. The bore is that I expect to win at arbitration, but it means it will be ages before I see any money.)

Zhabr Tue 16-Aug-16 17:07:05

Requested the hard copy of the checkout report today. DS says that there is nothing they can do and gave the advice to ask Shelter.
The agency is not the part of the chain, in fact nobody ever heard about them. As far as I know, the LL is now dealing with the another (chain) agency (for the new tenants).

Zhabr Sat 20-Aug-16 18:44:03

Update: after more than 5 weeks of uncertainty, the full amount of deposit had been returned to us. Really pleased, big thank you to everyone who responded to my thread. I guess my email with the deadline had speed the things up.

wowfudge Sat 20-Aug-16 20:39:06

Good result for you OP. I'm pleased for you.

Thewolfsjustapuppy Sun 21-Aug-16 21:59:23

Great news OP!
Wish me luck as our dispute has just gone to arbitration.

Zhabr Mon 22-Aug-16 07:53:44

Thanks, Thewolf. Good luck with the arbitration, keep us updated. Hope it will end successfully for you.

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