When should landlord repay tenant's deposit?

[NoseyNooNoo]

Tenant was due to leave property on 30th September and advised lanlord of damage caused to bath on 18th September. The tenant dropped the shower head against the bath which cracked. The bath will need replacing and this is a large job due to bath being tiled in rather than with a removable side panel.

Landlord waited for tenant to vacate property to inspect the damage. How quickly should the landlord repay the deposit, assuming cost of making good is less than the deposit paid?

A deposit should be returned within 10days of agreeing the amount to be returned. The deposit should also be held in a scheme, so they should return it to the tenant.

See link here, shelter is a pretty good website for all advice tenant/landlord related.

I am the tenant in this case. The problem is that we haven't agreed an amount yet. Landlord has apparently got some estimates but is now on holiday until 30th October. I can't determine how quickly the Landlord has to provide us with an idea of the numbers involved. They seem to think we should claim on our contents insurance.

Do you know what tenancy deposit scheme your money is being held in? Money HAS to be held in a scheme (read the shelter website), and the scheme can usually give advice about how much is the correct amount for a Landlord to withhold (it stops the landlord witholding exorbitant amounts for 'cleaning' etc).

I shall have to get the paperwork out. The annoying this is that I thought we'd had a good relationship with the landlord and we have left the house in excellent condition - landlord said that other than bath everything else is in good order. I now think that they are messing us about, being in no rush to resolve the issue. I fear DH is going to lose his temper soon.

Hi there

I am not a legal expert so can only speak from my own experience as a landlord (until recently) and coincidentally, also as someone who once dropped a teacup in a washbasin in a B&B and had to claim on my (travel insurance) to pay for it to be replaced (the basin that is, which cracked even though the teacup itself was absolutely fine!).

If your landlord has confirmed (ideally in writing, even email ok) that all is ok apart from the bath and that he has already had quotes, he should be refunding you the balance of your deposit less the lowest quote. He does not need to wait until the work is done. However, only a few weeks has passed so far since the end of your tenancy so I don't think it is in the 'unreasonable' timeframe yet.

I recommend:

• call your home contents insurance and tell them about the accident, that your landlord has got estimates and ask if you are covered for accidental damage.
• did you rent through an agency? If so let them know of the problems you are having in getting the landlord to give you copies of the estimates. Ask them to put pressure on.
• is your deposit held by a deposit protection scheme? If the lease began in the last few years it should be. Contact the agency and tell them your landlord is dragging his feet over giving you the estimates and refunding you the balance. At least you know he cannot keep your money without an agreement, and all schemes have a process for non-responding landlords - ask them, although they will probably require you to wait longer than a few weeks especially when there is an acknowledge issue.
• send a formal written letter to your landlord requesting copies of the estimates and the balance of the deposit to be returned. Keep it polite but put a date by which you expect a reply - knowing he is away i would suggest a week after that.
• If that date passes with no response you may need to write again saying you will have to instruct a solicitor. Or contact CAB for advice but they will only help if you are on a very low income.

Unfortunately if your deposit is not held in a scheme you have very little practical protection. You would have to be persistent and a thorn in his side until it's resolved. Or resort to legal action which could wipe out a chunk of the deposit anyway.