Getting deposit back

[BoBoo]

We moved out of our rental property in the middle of December and still haven't had our deposit back. Is there a legal requirement to get it back to you in a certain amount of time? I can't see anything in our tenancy agreement which specifies timings, although it does say we should be informed of any proposed deduction within 15 days of moving out so would assume this now means we should be getting the full amount back.

I understand that the hold up is with the checking out report, but we looked after the house well - painted the whole house, put in new carpet in hall/stairs/landing and fixed minor things like shower hose and coat hangers at own cost without bothering anyone. Where do I stand? We'd like to buy a new sofa and have earmarked the deposit money for this.

If you're in England or Wales, was your deposit lodged in a protected scheme? If not, your landlord has acted illegally.

Contact Shelter or your local CAB; they see this scenario a thousand times a day and can advise you better having seen your contract, inventory etc. There are legitimate reasons for not releasing a deposit, but 8 weeks late isn't looking good for your landlord...

You should have a document stating the name of the Tenancy Deposit Scheme and it will have a unique number/code. Go to their website Use to initiate a dispute online with the scheme, they are there to help you. It is realatively straightforward but takes a few weeks. Basically you fill in information regarding why you think the withholding of your deposit is unfair. You will need details of your landlord, all the info given in your tenancy agreement. Landlords try this on all the time and unless they are challenged, they get away with it.

When did you move in BoBoo? The deposit scheme is only a legal requirement if you moved in after a certain date (April 2007)

We were only there a year an a half, so after the scheme became mandatory. Unfortunately I'm still not sure where everything is following the move and while I've found the tenancy agreement I can't find details of the scheme.

I've had a pretty good relationship with the landlord and wouldn't like to think they're trying it on, but finding it all a bit frustrating. I didn't have such a good relationship with the (useless) management company and think they're holding back the checking out report on purpose.

A checking out report two and a half months after you have moved out is worthless - what if a pipe has burst in the interim or the place has been broken into? Under the circumstances, I would contact the agency and LL and say that unless the full amount is paid into your account within one week and you are given full details of the TDS under which it is held, you will be taking the agency to court. Point out that under the legislation, unless they can provide evidence that the deposit was protected under a scheme, the agency/LL must pay the tenant three times the original amount.

In all probability you will be registered with a tenancy depostit protection scheme. Dig it out or go back to the people that issued it, ie the letting agency. It should be there and will protect you. It is free to raise a dispute.