Landlord and tenancy deposit - how to approach this?

[Cocorico]

Hi all,

I’d just like some advice on having my deposit returned from my landlord please.

In a couple of weeks, I’m moving out of the shared place that I rent.

When I knew that I was moving out, I gave my LL notice via email, to which she responded.

In that same email, I asked her to confirm the deposit return procedure and where I should leave my keys.

(She never comes to the property apart from when people move out, so I wanted to check these points with her in case she told me after I moved out that she couldn’t find my keys).

She never replied to the deposit and key points in that email, so I sent her a follow-up email a week later to check these points with her.

She replied to this email to say she was not available until the end of August.

She then never responded to my follow-up email, so I emailed her again on 31st July to ask when she would be available to inspect the room so we could agree how much of the deposit I will get back. She hasn’t replied yet.

The reason why I emailed her about the deposit in the first place was because I wanted to start sorting out everything before I leave the property.

I understand that the LL has to return the deposit to the tenant within 10 days of the LL and tenant both agreeing how much the tenant will get back.

The problem here is that the LL is not responding to my emails to even mention when she will visit the room to inspect it.

I hope I don’t sound like hard work. The LL never responds to any emails that the other flatmates or I send her, so we end up needing to send follow-up emails to chase her.

For example, we had a problem with our TV in February and phoned the TV provider. They said we needed an account number, which we didn’t have, so we contacted the LL in February to explain the situation to her and ask her for the account number. She gave us the account number yesterday.

What should I do? I realise that she doesn’t need to return the deposit until after I leave, but I’m worried I might have to chase her for the deposit.

I'm sorry I don't have any advice other than to contact Shelter, but I just wanted to say that I totally sympathise with that position of feeling like hard work when buggers don't respond to your emails.

She had a legal requirement to inform you were the deposit was being protected within 30 days of receiving the deposit from you, you could claim compensation because she hasn’t. So I’d guess she hasn’t protected it at all and nos she could be in trouble. There are only 3 places she could have protected it, and you can check for yourself on their websites wether they hold it or not so I’d suggest starting with that

Thanks Alb and Lily!

Sorry, I should have mentioned - I had written confirmation (within 30 days of moving in) that she had put the deposit in a protected scheme. So that’s a relief, at least.

As the deposit is protected, does that change how I can approach getting it back?

Is your deposit in a deposit protection scheme, which it should be? If you don’t receive your deposit after 10 days, you can raise a dispute within the rules of the scheme where your deposit is protected.

Did she tell you which one? If so you can probably gain access to your account without needing her, then request it through there as soon as you move out, and if she doesn’t respond to them within their required time they automatically give it back to you I think. Just make sure you take pictures of absolutely everything before you move out wether she comes to inspect or not

If your landlord isn't responding apply directly to the deposit scheme where the deposit is held.

Take pictures before you move out and request your deposit back through the TDS.

Go through the deposit scheme to request your deposit back. If she doesn't bother to come and do a check out when you move out then she won't be able to keep any money.

Did you do a check-in/inventory when you moved in? Do you have any photos of the condition when you moved in?

Take lots of photos on the day you move out just in case she tries to claim anything was damaged or missing later.

Childminder the LL doesn’t have an inventory. I’ll make sure I’ll take photos of my room when I move out. Unfortunately I don’t have any photos of the condition of the room when I moved in.

With no inventory, your ll will not have any evidence of the condition of the room when you moved in so there is no question about you receiving the full deposit. If she tries to deduct any monies raise a dispute. It is very clearcut, no inventory no evidence.

Take time and dated pictures of your room when you move out. Log into your account and request the return of your deposit. This should generate an email to LL to do the same. If they disagree about the amount due to condition of your room then the amount can be negotiated.

However, the LL made a big mistake not having an inventory - this (and pictures) is what will be needed by your LL for disputes.

There are case studies and info on DPS website if you need help. This was invaluable to me when my LL tried to keep all of my deposit. The DPS agreed with me and I had it all returned as the inventory and pics matched my account of the condition of the property

Thanks so much, everyone.

It’s reassuring to know that there’s a way of going about getting the deposit if my LL doesn’t reply to me.

I’ve checked my deposit is protected, but I don’t know which type of deposit my LL has within the scheme (an insurance scheme or custodial scheme).

The type of deposit she has and who holds it affects how I apply to get the deposit returned.

I could obviously ask her which one she has, but I don’t think she’ll reply.

If the LL just continues not replying to my emails about the deposit and I’ve moved out, what do you suggest? Shelter’s website suggests this:

If your landlord doesn't respond at all

You may need to follow a different process to get your money back.

Insurance schemes

You need to:

get a court order confirming that the money should be paid to you

Send the order to the scheme so they can repay your money.

To take court action, you need your landlord's name and address. The process can take several months.

Custodial schemes

You can only use this process if it's been at least 2 weeks since the tenancy ended.

You need to:

make a statutory declaration witnessed by a solicitor apply to the scheme to repay your money. The statutory declaration is a legal document. Contact your scheme for full details of the information that must be included.

Once the scheme gets your application they give the landlord another 2 weeks to respond. If there's still no response, the scheme should pay your deposit back within 10 days.

england.shelter.org.uk/housing_advice/tenancy_deposits/how_to_get_your_tenancy_deposit_back

That stuff from shelter sounds like something that would be done further down the line if it couldn't be resolved by the usual methods. In the first instance, you literally just need to login to the TDS and request it back.

Why do you think you will lose money

When I come to sell my rental I fully intend to make their deposit of £600 up to a £1000 if they go nicely and leave everything in order as a thank you for looking after my property

Hi all,

OP here again - I moved out of the rental place officially last Saturday and emailed my landlord to request my deposit back within 10 days (by Tuesday 27 Aug).

As it’s now getting closer to Tuesday, I wanted to ask how I can proceed if my LL still hasn’t got back to me by then?

I emailed the scheme where my deposit is held to let them know of the situation and to see if they could offer advice but I haven’t heard from them yet.

I’ve done a bit of research online to find out my next steps if my LL doesn’t get back to me by Tuesday.

However, nothing I’ve read so far gives a clear explanation for what to do if you vacate the property, request your deposit back and then just never hear back from the LL.

Does anyone have any advice please?

Hi Cocorio. Which scheme is your deposit kept with? I'm a landlord and it should be a straight forward process. If it's the DPS I have experience with them and can advise.

I'd contact Shelter for advice on your specific situation. Don't panic too much; my previous landlord didn't sort the return of my deposit (or rather the letting agent didn't) and then the money just arrived back in my account at the last minute.

Sorry your landlord is being an arse x

Thanks Jente - it’s held with My Deposits

You need to request it through the scheme and show that you have made attempts to contact her. Have you phoned her. She might be waiting for you to do that. It's not her money it's yours.

Login to your account then click request deposit.

Thanks for your post, aquashiv - I mentioned earlier in the thread that I have already emailed the scheme where my deposit is held.

I haven’t yet heard back from them.

In the scheme where my deposit’s held, deposits are separated into two types. I was never told by my LL which type of deposit I had (even though I asked her) so I emailed the scheme to ask and am still waiting to hear from them.

I have called my LL but it always goes to voicemail.

Thanks BrightYellow, contacting Shelter is a good idea - thanks!

Were you given the Prescribed Information within 30 days of moving in?

I would try phoning the scheme on Tuesday. Sometimes you get better support if you make a human connection. You will get your deposit back, but it might not be immediately. Good luck.