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Original poster

Deposit - when to get it back?

26 replies

SnowBells · 22/01/2015 09:22

We've recently moved from our rented place to our own home. The agent sent us a list of items the landlord wanted to claim for a week after we left, but one of the items was still awaiting quotation (apparently, it's difficult to get hold of).

It's now a month since we moved out. Apparently, they are still awaiting quotation.

Shouldn't there be laws about when payment should be made, and if they can't get a quote on something that quickly, then tough luck, that's it?!? I know there's the rule of them having to get back to you within a specified time, but there seems to be no rule as to when they SHOULD pay you. This is turning into a bit of a farce.

OP posts:
whattodoforthebest2 · 22/01/2015 09:27

Your tenancy agreement should have details of where the deposit is held and how long they have to make a claim on it. Write to them and say you've been waiting a month for them to deal with their claim and you want a full breakdown of the charges they're proposing within 7 days of the date of your letter, otherwise you'll be taking legal advice.

Then hope they do something. If they don't, speak to CAB or I believe Shelter are a good source of advice too.

PigletJohn · 22/01/2015 10:17

Were you present when the inventory was taken, and do you agree with their claim? Have you got a copy of the inventory you signed when you moved in?

wowfudge · 22/01/2015 10:24

DPS states that a tenant deposit should be returned within x days (I think it's ten) of the amount to be returned being agreed, if I remember correctly.

Do you dispute that you are liable for the items they are seeking to deduct from your deposit?

Can you get a quote to speed things up? Not that you should have to, but if they are messing around then it might galvanise them into action.

Original poster
SnowBells · 22/01/2015 13:04

We agreed to the claims (too stressed to contest any of it), and re. this one thing they are trying to get a quote for, we are fine with it.

I can only find wording on the xx days they have to let us know if they were going to deduct anything - which they did. But I can't find wording on when they would have to pay back the remainder.

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Original poster
SnowBells · 22/01/2015 13:05

It's annoying there are no rules for this.

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specialsubject · 22/01/2015 14:08

really? I thought there were.

when my tenants left agent was stressing we had 10 days to advise any deductions, otherwise all deposit went back.

which scheme is it?

whattodoforthebest2 · 22/01/2015 15:22

They let you know, but you still don't know the full amount do you? So I'd say they haven't gone by the rules - getting a quote isn't a figure, it's a promise to do something, which isn't good enough AFAIAA.

Sunnyshores · 22/01/2015 15:51

which company is holding the deposit? DPS, mydeposits or the other one?(cant remember the name).

JonathanRolande1 · 23/01/2015 14:12

I would keep chasing the agent and find out which deposit scheme they use then contact them if no joy.

Original poster
SnowBells · 23/01/2015 18:10

Will check the papers this weekend!

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Original poster
SnowBells · 24/01/2015 11:41

It is TDS...

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specialsubject · 24/01/2015 12:17

ok, looks like your next task is to raise a dispute. This then starts clocks. Anyone ignoring the dispute notification is treated as 'consenting'.

specialsubject · 24/01/2015 12:17

ps doing this means that the deposit goes to the TDS, and the undisputed amount goes to the tenant. So it should get you some of the money back quickly.

NotDavidTennant · 24/01/2015 12:25

It doesn't sound like there is an undisputed amount in this instance though.

wowfudge · 24/01/2015 12:30

Surely the point is that the LL must have a least a rough idea what this item is going to cost to replace though. After a month the tenant could at least have a proportion of the deposit monies back?

PigletJohn · 24/01/2015 12:54

What is the "thing" that they don't know the price of? (After allowing for its original cost and deducting a proportion of that due to its age and condition)

It seems to me that there is not an agreed deduction amount, but there is supposed to be within 10 days, so the ll is at fault. The ll has no right to delay return of the deposit for an indeterminate period.

specialsubject · 24/01/2015 17:48

is the landlord trying to keep the whole deposit for repairs? Otherwise there IS an undisputed amount.

and yes, wear and tear is a big thing in rentals. Carpets are deemed valueless if 8 years old or more and full redecoration is expected every 3-5 years. Any damage over this is also pro-rated for the area concerned.

so if the tenant's cat (for example) wrecks a small section of the hall carpet, right in the middle, the landlord can claim about £20.

Original poster
SnowBells · 24/01/2015 21:22

PigletJohn

It's the front of a freezer drawer/basket. It's made of plastic while the actual drawer is made of steel. Bad design, because the plastic that takes the brunt of the pull is obviously weaker than steel. We bought full freezer drawers before (different property) and they cost around £30-40 on online websites. We could have bought one for this, too, but the thing broke as we were moving out, so had no time. I've chased them up a week ago, and the agent told me they are still awaiting a quote for the item. DH will call again Monday, but we would like to know how to actually make them do something.

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Original poster
SnowBells · 24/01/2015 21:26

We are still expecting around1.3k back. They already made 100s of deductions for silly things (cleaning and painting) that we just couldn't fight because we didn't take pictures... and inventory remarks from when we moved in were quite general. We actually cleaned and painted the hallway walls to a point that it looked way Better than when we moved in, but you can't charge them for that. Hmm

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PigletJohn · 24/01/2015 22:10

"we just couldn't fight because we didn't take pictures"

conversely, were they able to prove their allegations?

specialsubject · 24/01/2015 22:29

something not right here. The landlord needs to prove damage. Not wear and tear, damage.

you can get a quote from espares in 30 seconds. As of course can they.

have you raised a dispute?

Original poster
SnowBells · 24/01/2015 23:02

DH will talk to agents on Monday. Other "damages" claimed were for dark linear mark on the wall, etc. which I am sure came from the previous tenant's bed (ours

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Original poster
SnowBells · 24/01/2015 23:04

Accidentally posted too early. I meant that our headboard wasn't leaning towards that wall, etc.

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PigletJohn · 24/01/2015 23:44

If they can't prove it, reject it.

If it is wear and tear, reject it.

If it is damage you caused, reject it unless it is based on original cost less depreciation since it was new.

Get that dispute in to the Deposit company.

specialsubject · 25/01/2015 11:35

that's wear and tear.

don't waste time with agents. Raise the dispute online today.