Landlord ignoring requests to refund deposit

[Exchange230316]

Moved out of rental flat on Friday finally as I previously got keys for place we bought. Yeah!
Spent hours cleaning, pictures taken.
Very mouldy flat which I thoroughly cleaned.
keys dropped through letter box at landlords request as we finished a bit late.
landlord claimed she was at a baby shower all day on Saturday.
Landlord is now ignoring requests about deposit.
I believe flat was put back to the condition I received it which was not great and I have inventory evidence- things like worn skirting boards/carpet/mouldy windows/cobwebs. All documented.
landlord was basically crap- lots of ceiling leaks(landlord ignored)/bathroom leaks/items that broke just by touching them which we repaired. Lino in bathroom lifting which landlord by her own admission were likely due to leaks. I have all the text evidence if this too. Tap washer stopped working so constant drips and landlord refused to repair. Landlord had to be reminded to do gas safety check. Was late by 5 months.
Landlord has already moved new tenants in within 1 day of me leaving proving that flat must be ok enough to let out though I know she hasn't bothered to do any maintenance. She never visited once in 18 months of us being there.
How long should I be waiting before taking action?
Deposit is protected by DPS.

The landlord doesn't have the deposit and interests are probably due to the tenant as well.

yes i dont undestand the cashflow p0ost-the ll cant use it for anything its in a protected scheme

This is exactly what deposit protection is for. You go to the protection company and ask for it back.

It's been one working day!
The landlord doesn't have the deposit if it's protected, it takes time for it to be released and processed back to you.
From what I understand, they have to release the deposit within ten days of agreeing how much you will get back. The time frame before that isn't particularly clear, they can take time to decide. If you then dispute how much you receive back, it will be held in the TDP scheme until the issue is resolved. Once it's processed it can then take another couple weeks to come back through.
I recently did this, left property end of December and deposit was returned to me around the end of January.

Link to relevant DPS page

https://www.depositprotection.com/tenants/repayments/starting-deposit-repayment

The landlord may well be holding the deposit themselves - they are not obliged to pay it over to the scheme - merely to register it.

As a LL myself (just one property) I have had a deposit registered like this.

And might add that it was returned promptly and in full at the end of a tenancy.

Thanks to all those with helpful replies
Not sure why I keep getting slated about it being one day!
I am not asking for refund immediately
I know this what I am wondering about is whether she would make deductions which I would imagine is reasonable to ask if she has let the property out within 24 hours of me leaving!

Especially as there were a few issues I would have she would need/want to sort before new tenants (leaky tap for example)

"How long should I be waiting before taking action?" after just one day. This might be the reason why OP. Plus your defensiveness and aggression towards genuine posters who are trying to help you.

Hi Op, just log into the DPS website and request your deposit back in full. The scheme will then notify the landlord to respond. You don’t have to engage any further with the landlord, just deal with the scheme directly.

It’s not free !
your landlord will have paid a fee for it! (£30/£35 ish).

speaking as a landlord. We had a right nightmare getting the deposit out - but I kept the former tenant involved in all correspondence.

My landlord and I disputed the amount, the DPS sorted it within a week or two. I was refunded within 3 weeks. That was last July, so recently. Just do it all through the DPS, don’t ask the landlord.

Just to say that the DPS are taking ages to resolve any disputes at the moment. We left our rental in early November, the landlord wanted various unfair deductions to which we did not agree , it was not until early March that it was sorted. However when they did adjudicate they seemed to be on our side as we got most of it back. Landlord was a dishonest arse.

If DPS are holding your deposit, which you say they are. It is no good asking the ex LL to return it to you. You must go on to DPS website and put in request for return of deposit. They take 3-4 days to process this then they send message to LL to advise them you have requested deposit returned in full and ask ex LL if they agree. They have 10 days to respond to DPS. If they agree then DPS processes their agreement and you should get deposit back within a couple of weeks from then. If ex LL disputes anything it will take longer. It is good you took photos in case you need them. You will most likely have to wait about 3-4 weeks before deposit returned if ex LL agrees. Don't blame the ex LL as DPS have a backlog.

the reason people talk about it being one day is because it has and even if you think he should reply within that day he might be busy, not checking his emails or frankly not seeing a point to reply straightaway. Landlord has an obligation to authorise or inform about withholding your deposit within 14 days (or maybe 10 I am not exactly sure), he doesn’t have an obligation to respond to your email within 1 working day. You annoying him is not going to help. Relax, wait and start panicking after the deadline if it is not resolved by then.
you do sound aggressive to be honest

Did you take loads of photos when you moved out? And when you moved in.

I'd love to know how much interest you think a landlord can make on a deposit in about 7 days....about 50p. I doubt this the way landlords are making money. In fact because of all the recent changes to legislation and tax, they are losing money. This is why they are selling up and there is no housing stock.

I am currently £2.5k out of pocket after a tenant damaged my property. Tenant is ignoring the summary I sent. I have to wait 100 days to reclaim part of this money through DPS. Then small claims court for the rest. Tenants automatically get money after 10 days if tenant doesn't get in touch....landlords have to wait 100 days (agency says 90+10 just to be safe).

This happened with us - you go straight to the DPS. They will contact them and give them a set period of time to respond. If they continue to ignore it, it will be refunded to you after the time period (this is what happened with us). If they respond with a list of things, you will be able to send evidence (your photos) and also state that new tenants are now in. It is stressful, but try not to worry too much - the DPS will ensure you get your money back.

My previous landlord tried to withhold the deposit, but they never done an inventory so i went through the scheme it was in and got it back, no fees or anything to pay.

To clear things up,

1. Either you or your landlord can request the deposit release
2. Once the deposit release has been requested, the other party has 14 calendar days to respond.
3. If everyone agrees then the deposit is released within 5 days but can take 5-7 days to clear in your account.
4. If you are unable to come to an agreement within 14 days you will be referred to an Alternative Dispute Resolution service.

I am a landlord who’s tenant left Saturday. We spoke in person to agree how much deposit was owed and I released it within 24 hours. The money was back in their account yesterday. Please don’t tar all landlord with the same brush- we are not all arsehole.

It's been 2 days, chill out OP.

I think you need to be patient and don't get worked up about it just because the landlord hasn't responded yet. Also just because the landlord let the property next day does not mean they can't make deduction for any damage caused. They wouldn't want to leave the property empty and repairs can still be done with new tenants in.