I moved out of my property two weeks ago and no one can get hold of the LL to get my deposit back.

[OoohOnly90CaloriesIllhave10]

She will be in contact with the agency eventually because they got a new tenant in.

In the mean time the agency have emailed twice, sent texts and tried to call her phone several times.
I desperately need my deposit back. Even when she finally does sign it back, it takes the agency 5 days to release it (why?!)
So it's going to be at least 3 weeks by the time I get it and that's if she gets back to the agency today.
Which she hasn't so far.

Apparently she doesn't have a legal time limit. I need to start a dispute.

What the hell?

If the Landlord hasn't put the deposit into a deposit saving scheme then you have the right to lodge a complain with the Housing Authority and reclaim up to several times the amount back in compensation. And in most cases the tenant wins as landlords are constantly having it battered into them about these schemes being mandatory. Particularly relevant if the LL has an agent in charge of their properties as it is one of their agent responsibilities to check things like this.

You should be phoning the agent as an absolute priority and making it clear that you want:
*the deposit scheme name

• the deposit scheme registration number AND certificate - this is what shows you the date of registration - incase they try to be sneaky and register it today, for instance. You should have been sent a copy of the certificate when you signed up to the property/when it was registered. That is your legal right.

Once you have that info you can register on the deposit scheme website and request your own deposit back. The landlord has an allotted amount of time to submit their proposal for repayment i.e. deposit less cost of cleaning etc. Assuming it is all reasonable, and accepted by both parties the funds reach you within 7-14 days. if you disagree wit the landlords repayment proposal you can raise a dispute, logging all evidence i.e photos sowing you cleaned before you left etc. It then goes to an impartial person to look at evidence form both sides and they decide the repayment amount. This whole process generally takes around 30 days. This is why deposit schemes are mandatory - to prevent landlords just making up their own deductions and handing back pennies.

Firstly it is not down to the agency. You should know which protection af the agency has your money and should have been given paperwork. It may be in the Tenancy Agreement, it often is. It is between you and the landlord and the agency. I would be very surprised if the landlord had not supplied the information, most agencies insist. You should ask them who is holding the money. Secondly the landlord needs to inspect the house first and then give the Deposit company the ok to release the money. It takes ons click on a computer. I would generallyy realease money within a week but there may be reason why the landlord has not done yet

They finally answered.

"my deposits"

I'm going to search them up now

Did you write to request your deposit back?

You have to ask for it back.

She has 10 days FROM WHEN YOU ASK FOR IT BACK to inform you she will be making deductions or return it in full.

If she doesn’t, you can get the deposit back directly from the scheme itself. If it’s an insurance-based scheme, she will have to send them the money to return to you.

Not only has the flag been inspected, it's been redecorated. The new tenants move in tomorrow.

If the deposit isn’t protected you can claim 3x the deposit.

Mydeposit have 2 types. it’s probably insurance based.

They have a template letter for asking for your deposit back online

I suggest you view: www.gov.uk/housing-tribunals/apply-to-the-tribunal

I am based in Scotland and the facts I have put above apply to there, but I am fairly sure they will be relevant in England also. The link provided is relevant to English property law. There is a Scottish version also if required.

You should be demanding a copy of your deposit certificate NOW. Its surprisingly common for agencies/landlords to panic once they realise they've messed up, sign you up to the scheme quickly and hope you don't notice. You can get your deposit returned via the scheme and STILL claim your compensation for it not having been done on time. This is why you need your certificate, as it shows the registration date. Its important.

Its also a very good bargaining tool to have should the landlord try to make unreasonable deductions.

I'm starting a dispute now. She is taking the pee more than I realised.

you can start the deposit release yourself. I did this in my previous flat last month. I contacted the the protection scheme and they started the release via the tenent request option. Which meant they had 30 days to contest it otherwise it would be released in full to me. Luckily they approved and released within 5 days.

Good luck. How was she as a LL the rest of the time?

She was ok.

Apparently she's in the office at 2pm I told them to tell her I'm starting a despute.

They don't know if the deposits is insurance or custodial though and I can't continue the dispute until I find out.

Keep at the agents to get all the relevant info, certificates, etc, that you need. I am really surprised the agents don't know. My own agents passed on all the deposit info to me very quickly, both at the start of my tenancy, and when they changed to a different scheme.

@OoohOnly90CaloriesIllhave10 How do they not know?! Are they not a professional company?

You need to start being firmer with them! Get them to get you copies of the scheme/paperwork you signed at move in as it will be on there.

I would be going to the other office at 2pm to bloody well speak to her myself!

They don't know if the deposits is insurance or custodial though and I can't continue the dispute until I find out.

Yeh, I would definitely be asking for the certificate per pp. Does not sound very convincing that this has been handled properly.

You have been very passive about this. Change that today.

I was told the letting agency hold the deposit. As your contract is with them. They paid back my deposit when I purchased my house. Even though the landlady has t used them for years.

the agent needs to have details of the scheme - so does ll - when they gave you notice they should have reminded you of scheme
england.shelter.org.uk/housing_advice/tenancy_deposits/challenging_deductions_from_your_deposit
may I suggest you ring shelter - & there is a time limit send an email/snail mail registered letter to agent stating that they should either tell you there is a problem or return full amount to you - IF THEY DONT HAVE IT IN A SCHEME they will have to repay a higher figure

This sort of behaviour is what gives lanlords a really bad reputation.
You know the company who is holding the deposit, so phone them and find out which particular method she is using.
They will be able to tell you by the postcode of the property whether there is a deposit held in any of their schemes.

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

Check it yourself.
www.mydeposits.co.uk/tenants/deposit-checker/

This is not a situation where you need to be careful, check in advance, chalk things up to experience or take responsibility yourself. You have an absolute right to simply assume that your deposit is properly protected, and if it hasn’t been protected you are entitled to substantial compensation.

You need to go around the deposit schemes and see if they have your money. They should be able to tell you fairly quickly if they have it or not over the phone.

If not you can request the money back.

The OP doesn’t need to ring round other schemes because she’s been specifically told she’s with MyDeposits.

However, for the benefit of any lurkers who are looking at this thread because they find themselves in a similar position, the other scheme is TDS, and you can search to find whether your deposit is registered with them at this link here.
www.tenancydepositscheme.com/is-my-deposit-protected.html

If you do later find out that the money isn’t in a deposit scheme you can take your landlord to court (even if full deposit is returned). I did this, mainly because he was such a massive arsehole on a number of things. It is an open and shut case, it is just for the judge to decide what amount the need to pay you. This can be from one to three times your deposit amount. I was awarded x2. It was extremely easy and I hope him serves him a reminder every time he treats a current tenant badly.

If it's actually in a deposit scheme then the landlord is being silly by ignoring contact. I would have guessed they were busy spending on decorating and had run out of money to pay you back, but that makes no sense if it's safe in a deposit scheme. Hope you get it all back nice and quickly.