Student rent deposit fiasco

[runner2]

Can anyone tell me how long a letting agent/landlord can legally hold on to a tenant’s deposit once the tenancy agreement/contract has ended? It is over 2 weeks now since the tenancy ended. Also, for the second year running (different property this year) a deduction has been made from each of the 5 student tenants’ deposit for marks on 1 occupant’s bedroom wall which they have provided photographic proof was already there when they moved in. I have spoken to the letting agent today as they are not responsive to the students’ communications and apparently they are going to review the photos today, speak to the landlord and let the tenants know “his decision”!! I am beyond angry and am ready to embark on the official dispute process if this situation isn’t remedied and our deposit returned in full. Anyone else had a similar experience? Any advice would be appreciated.

^www.gov.uk/tenancy-deposit-protection^

10 days from when deductions are agreed - so if you're contesting (and I absolutely would, this seems clear cut) then it'll be after the TDP scheme makes its decision.

I've used them twice, once as a tenant, once as a landlord, and found the judgements to be fair (and not overly slow).

I will warn that if you make any offer, and it's reasonable, then they'll likely go with it, so don't make any offers if it's not your fault!

Oh, that's England and Wales - I have no experience of the Scottish system.

Use the official process ASAP - the landlord dues t actually hold the money so they will want to have it released too

Every student landlord I have encountered has tried this - they hope for students that wont fight back.

Last year with DS they wanted to take £200 of every student - so £1000 for some general wear and tear - they negotiated down to £10 each.

Escalate to the deposit holder company - the landlords tend to back down at this point

Ds's Uni writes every year to student advising them on how to handle this situation and will step in if necessary and will remove landlords from its approved list if they feel advantage is being taken - so maybe engage student housing at the Uni as well.

Uni advice

www.lboro.ac.uk/services/sass/housing/livingoff-campus/get-deposit-back/

www.tenancydepositscheme.com/expertview-the-student-guide-to-tenancy-deposits/

Is it an AST with joint and several liability or an HMO. Is the deposit joint or separate for the different occupants.

Initiate the deposit repayment process with the holder of the deposit. Your son should have been given a deposit ID when he paid the deposit if it's an HMO. If a joint AST, there will be head tenant who has to initiate the process.

I would also ring up the deposit scheme and alert them to the dispute and seek their advice.

Update - DD has just messaged me to say the landlord has capitulated and the deposit is being returned in full. Did my intervention factor in that decision - who knows?! Just relieved it’s sorted. Thanks for all the tips - good chance they will come in handy in the not too distant future when DS starts his uni renting! 😊