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Original poster

Landlord agreed to give back almost totality of deposit but 10 days later we are still waiting for it.

33 replies

Myfoofneedspruning · 27/05/2015 06:58

Hi there,

We left his property mid-March and left it in great condition as expected of us after only staying 1 year. We left his property because he was a bully and talked to us like crap. We provided all the document he needed and he finally agreed to give us back our deposit in a mail he sent us 10 days ago. We still didn't get it, we mailed him, he doesn't get back to us. What do we do ?

OP posts:
Original poster
Myfoofneedspruning · 27/05/2015 08:03

Bump

OP posts:
ByTheWishingWell · 27/05/2015 08:08

The deposit should be held securely in a safe-deposit scheme. I think you need to contact them to get it back, they don't pay it automatically. Check your emails- the scheme emailed us when we gave our notice to give us information on how to claim it.

Original poster
Myfoofneedspruning · 27/05/2015 08:21

Hi bythwishingwell,

The deposit was protected but now he has it, in fact he had it for 2 months. He agreed to give us the majority of it back then nothing.

OP posts:
EssexMummy123 · 27/05/2015 08:32

I don't understand - have you called the deposit protection people and asked them what's going on? they would have made every effort to contact you - were your contact details up to date with them? they would only give it to the landlord if you didn't respond to them.

cannotseeanend · 27/05/2015 08:45

I rent my house and the deposit cannot be taken by me from the deposit scheme just like that. I do not understand why your landlord would have it.

It leaves a bitter taste when things go wrong and the stress involved must be hard for you. I just fought for 6 weeks with Countrywide, my lettings agent, they collected my tenants' rent and refused to pass it on to me, refusing to believe I owned the property despite having paperwork to prove I do. I took advice from Citizens' Advice Bureau, repeated the advice to the lettings agent, by the end of that working day, I had a statement released showing Countrywide were finally handing over near on £800 they had kept.

Try Citizens' Advice and take notes. Ask them what steps you will take Ask them what to say to the landlord. Then repeat it to the landlord and see what will happen. It was magic for me, it showed I knew the legal position. A small reminder about small claims court action and hopefully the magic will work for you too.

Original poster
Myfoofneedspruning · 27/05/2015 08:54

Thank you for taking time to answer ! The landlord closed the protection scheme 2 days after we checked out. Before getting back our deposit we needed to prove that no more bills were affiliated with his property. It took us some time because he wanted hard copies of the final invoice. By beginning of May, he had all the documents he needed but wouldn't return any communication. I threatened to raise a dispute with dps and then he sent us a mail saying he agreed to give us back 2900 out of 3000. Asked us for our bank account details 2 weeks ago and confirm 10 days ago he was giving us back our money. Still nothing, what if he sent it to a wrong bank account ? I'm going to call Citizen advice bureau. Thank you

OP posts:
LadyintheRadiator · 27/05/2015 08:56

This reply has been deleted

Message withdrawn at poster's request.

Original poster
Myfoofneedspruning · 27/05/2015 09:01

Doesn't pick up our calls or get back to us when we left a message. It has been like this since we gave notice.

OP posts:
cannotseeanend · 27/05/2015 09:46

It's just been a bank holiday weekend. It took 9 days as a result for rent to go from tenant to me the landlord, through the banking system, wasn't pleased but not the fault of my tenant. Is it possible that this has happened with your deposit? Let's hope so. Lack of comms is crap.

DorisLessingsCat · 27/05/2015 14:02

He's lying to you.

If the deposit is being held in the DPS then Landlord should not be able to take it out.

The refund comes from the DPS, not your landlord, so there is no need for him to have your bank details.

Are you absolutely, 100% sure that it was held with the DPS? What paperwork did the Landlord provide to you about the deposit protection scheme (he is obliged to provide you with what's called "Prescribed Information".

Original poster
Myfoofneedspruning · 27/05/2015 15:01

The deposit was protected until 2 days after the end of the tenancy. I called dps who said I need to open a dispute so they can call him. We need that money and he has no right to keep it.

OP posts:
EssexMummy123 · 27/05/2015 20:34

So why haven't you opened a dispute?

Don't believe anything he has told you - deal only with the DPS and open that dispute first thing tomorrow.

DorisLessingsCat · 27/05/2015 20:41

You haven't answered my question. What paperwork did the landlord give you about your deposit when you first rented the property?

The deposit is protected until the tenants and the landlord agree how it should be returned. He cannot unilaterally decide to take it out of the scheme, and the refund will come from the DPS, not the Landlord.

MirandaWest · 27/05/2015 20:48

The deposit money would be held by the landlord but they have to hold it in a separate account. It is only transferred to DPS if there is an issue ie if there is a disputed amount on the amount to be returned.

You can raise a dispute online or at least you could with the one mine was lodged with. I had some battles with mine (they wanted to give me back £25 from a £925 deposit) but I ended up with £760 back :)

DorisLessingsCat · 27/05/2015 21:01

Miranda, with respect you're talking nonsense. For the DPS the LL must transfer the deposit within 30 days of receiving it and the DPS refunds it back to the tenant or the LL or both at the end of the tenancy.

lalalonglegs · 27/05/2015 21:14

Miranda is not talking nonsense. The DPS is one of the TDS that operate custodial and non-custodial schemes - her LL has chosen to hold the deposit himself and pay for an insurance premium to underwrite it. OP, please get in touch with the DPS - they are generally very helpful. The insurance is there to help you in situations such as this one.

MirandaWest · 27/05/2015 21:32

I may well be talking nonsense - it's unlikely to be the first or last time. But when my deposit came back it was directly from the letting agent - not from the deposit scheme. Mine was with the tenancy deposit scheme Tenancy Deposit Scheme and it definitely mentions that if there is a dispute that the member should send the disputed amount to TDS.

MirandaWest · 27/05/2015 21:33

So therefore they can't have been holding it in the first place in my case.

Do speak to the scheme again OP and I hope it all gets worked out soon.

DorisLessingsCat · 27/05/2015 21:37

TDS and DPS are different schemes with different operating procedures. The OP mentioned the DPS which is the one I am most familiar with, although I know about the TDS.

lalalonglegs · 27/05/2015 21:41

Apologies if I confused things further - I thought TDS was a generic term for tenancy deposit schemes not an actual scheme. DPS does, however, register both custodial and non-custodial.

DorisLessingsCat · 27/05/2015 22:00

Miranda, my apologies, the DPS do also run an insured scheme. In which case the refund would come from the LL.

Original poster
Myfoofneedspruning · 27/05/2015 22:33

I spoke to dps this morning and they told me to mail [email protected] which I have done....I'm so stressed and feeling bitter, why is he like this.

OP posts:
lalalonglegs · 27/05/2015 22:42

He's like this because he's spent your deposit. The insurance scheme means that you will get it back and the DPS then pursues him for missing money.

DorisLessingsCat · 28/05/2015 06:57

Well done OP. Keep your thread updated if you need more advice. (And I'll try not to get it wrong the next timeBlush).

Original poster
Myfoofneedspruning · 28/05/2015 09:03

Does anyone know how long the process is for a dispute ?

OP posts: