Tenancy deposit - am I just being impatient!

[tinydancer88]

I moved out of my last rented property on the 26th of January. Place was left spotless, professionally cleaned and the only faults noted on during the checkout was a bath panel which had warped very slightly at the top (visibly on really on close inspection) and a lightbulb which needs replacing but due to a fused fitting I couldn't get it out without risking damage to paintwork.

I requested a copy of the checkout report and the return of my deposit on the Friday (29th) I confirmed the report looked accurate and the agent said she would speak with the landlord. I had heard nothing by the following Wednesday (Feb 3rd) so followed up. The agent confirmed that the landlord had identified 5 areas of work, including 2 'repairs' of things noted on the original inventory when I moved in years ago, and wanted me to pay a portion of these costs. The agent said she had requested 2 quotes, and had one back so far, and would update me when she had more news.

Now we're 9 days on and I've heard nothing else. Without more info I can neither really contest the work I feel is unreasonable to ask me to contribute to because it pre-exists my tenancy, nor can I ask for the undisputed portion of my deposit to be returned to me. Would I be really arsey if I emailed back outlining the above and giving them a few working days' notice to get in touch with a figure before opening a dispute with the Tenancy Deposit Service?

You certainly shouldn’t be paying for anything that was noted on the original inventory.

You are within your rights to open a dispute at any time, the onus is then on the landlord to prove to the deposit scheme, that any deductions are due to damage you caused (so anything noted in inventory should be immediately ruled out). So raising a dispute ASAP may chivvy them along.

My DS has had rented houses at uni, the first one - they tried to retain money for replacement mattresses - due to underside being dirty (the students had photos of topside but not underside). That got thrown out, on the basis of their topside photos showing the mattresses were well worn etc when they moved in! It did take about 6months and raising a dispute, but they got it back in the end.

I never knew there was such a thing as the Tenancy Deposit service. Interesting.

you absolutely can raise the request and not wait for the landlord - it gets the ball rolling.
(we had 2 tenants, 1 disappeared. If we had started the request there was a chance the missing one could respond quicker than the one we were dealing with and could have nabbed all the deposit money, but they advised us to get our cooperative tenant to start the process and that would make her the lead party and in control - so tenants can start the process - we were with Deposit Protection Service)

@lightand

I never knew there was such a thing as the Tenancy Deposit service. Interesting.

Not only is it ‘a thing’ but, legally, a landlord has to lodge a tenant’s deposit in one and provide the tenant with details of it - if they don’t, the tenant can make a claim against the landlord.

Bloody deposits. I had a terrible time of it getting mine back from a really popular estate agent. No actual dispute but still took lots of increasingly cross emails to various people and departments and months of stress. I would definitely get the ball rolling. It's your money at the end of the day. And I wouldn't go in guns blazing, but I would get arsey if necessary. Especially in your circumstances where there is an element of dispute.

@lightand

I never knew there was such a thing as the Tenancy Deposit service. Interesting.

This has been the law for years as pps have said. Covers both parties.

OP, as others have said, you shouldn't be paying for things already noted but I think as it's through an agency and everything seems to be delayed due to Covid (or that seems to be everyone's reason!) I think expecting it to be done and dusted and your money back in less than two weeks is being optimistic.

Go direct to the deposit protection company and ask they return it. Usually they’ll have a process in place for any disputes between tenant and landlords. Should the landlord not respond within 30 days (I think) the funds are automatically returned to you in full.

I think they have 30 days to repay your deposit. If you don't get it by then you can request it from your deposit service [ there are 3 different one ]. If the landlord doesn't agree to it they can dispute this through the deposit service.

By the way, landlords aren't allowed to make you have a professional clean now when you move out.

OP a landlord had a legal responsibility to use a deposit orowtxtion scheme of which I believe there are 3. They can act as mediators.

If they haven't they are liable for 3 x your whole deposit.

Thank you all for your help. I'll give them a few more working days before sending a follow up email. It's not that I necessarily expect the deposit returned so quickly but as a poster said, it's my money and at the moment they're just sitting on it. I fully anticipate for us to disagree at first on the figure suggested so I don't want things to drag on. £800 is a lot of money to me at the moment.

It took me 4 months to get my deposit back though the deposit scheme as landlord took their sweet time. Got the full disputed £750 back though