Do they HAVE to give you your rental deposit on or before 10 days?

[MovingtoParadise]

Everything I read online says they 'should' and that even if there's a dispute only the disputed portion should be retained.

Does that mean they 'have' to?

No, maybe they need to get quotes for work that needs doing. Why do they want to retain it?
Ps there's a legal forum, m might be better to ask them there.

It's been 8 days so far and they haven't said they want to retain anything yet. In fact we've had no communication at all.

With all the bank holidays it's been 3 weeks since we moved out.

Is this direct to landlord or via a letting agent?
Did you receive proof your deposit is being held in a scheme?

It's with an estate agent (and I assume in a deposit scheme - big agency). The property was 'managed' by the landlord but all our dealings were with the agent. Never met or had contact with the landlord.

So you haven't contacted them to ask for the deposit back?

Was a final check out carried out? Was there an agreed inventory of the place immediately before you moved in?

Don't wait, get in contact with them.

Assume? No prescribed information given?

Check all three schemes and find out where it is. Yes, if there is a dispute only the dispute portion gets retained.

Big agency doesn't mean anyone does any work, or does it properly.

I've emailed the agency and had an acknowledgement. The reply said to liaise with the landlord and when both parties agree they will release the deposit.

We don't think any deductions need to be made . The inventory said some areas were not cleaned properly and equally some areas were cleaner than last time.

Because I've never contacted the landlord I don't know what to say. I'm sure I've got contact details somewhere.

Can I just email the agent back and say we don't think deductions need to be made?

First things first - you need to find out where your deposit is being held.

1. Ask the rental agent for written confirmaiton that they paid the deposit over to the landllord.
2. Write to landlord and ask for it to be refunded. Short and sweet.
3. In the meantime check yourself where it is being held. england.shelter.org.uk/housing_advice/tenancy_deposits/check_if_your_tenancy_deposit_is_protected
4. If its not being protected, come back for advise.
5. If it is protected in one of the schemes, ask them to refund it to you. It should kickstart the landlord who will get quotes to support any deductions or refund (yes within 10 days).

Even when I have had my full deposit returned, it's never been within 10 days. For a start, most agencies need to see proof that all your final bills are cleared eg gas, electric.
Check your contract, there should be provision in there for what your agency requires for the end of your tenancy and return of your deposit.
If there are deductions, the deposit scheme will continue to hold your deposit until these are agreed. This can be up to 3 months.

If you aren't getting a response from you agent, contact the deposit scheme and get the ball rolling that way.

They have ten days to dispute the amount they want to give you back. After ten days if you've heard nothing go to whichever scheme is holding your deposit and tell them landlord is NC and you want it back. My husband managed to get our ll to go from £600 deduction to £50 because they didn't give us the prescribed information and we had a case for 3x the deposit plus the deposit in full.

Ok so if I don't hear about any deductions by Friday I can go straight to the deposit scheme.

I think it's disgraceful they can keep it so long. It's just luck we bought somewhere and didn't 'need' the money that day, what about people who move to another rental? Who has that kind of money hanging around - they've got over 3 grand of our money.

If it is in a deposit scheme. The scheme provider should have been provided to you shortly after you moved in.

I've checked online, it is in a deposit scheme and there are currently no disputes.

I'm amazed given the amount that you haven't rung and spoken to someone or done something sooner tbh. Get the LL's contact number from the agents - you are entitled to it by law.

You said you moved out 3 weeks ago, but when did your tenancy actually end? If it was more than 10 days ago, just lodge your request to have it returned with the deposit scheme.

We moved out on 28 February and are still waiting for ours. It's £1500 and at need it. The check out raised no issues at all. We raised a dispute after asking for it back multiple times and being ignored. It's now with the adjudicator. It'll be at least the end of May before we know if we're getting it back and how much, and could be some time after that before we actually see any money.

It's great deposits are protected but the system doesn't work at all for tenants with useless or vindictive landlords.

The agent have only provided me with the landlords postal address, no number.

When I go onto the deposit scheme there isn't a 'request deposit' button, only a dispute form to fill in - I will fill that in if they haven't returned it by Friday.

I've just emailed the agent and she has responded saying 'no ive not had confirmation from the landlord, you will have to contact him'. Since I've only a postal address while he has our phone numbers and email addresses - seems like it should be him to say 'I want to make these deductions' etc

Yes, it is . the money belongs to the tenant and the landlord has to prove any deductions. From what you say, there won't be any.

Don't wait until an arbitrary deadline. Get on with that dispute form.

You have landlord contact details. Write a letter, keep a copy, send first class with proof of posting ( not recorded!). Kiddy comms don't work here anyway.

Write to the LL then. Get proof of posting at a Post Office. Do not send your letter by a means that needs to be signed for.

Rally tog "It's great deposits are protected but the system doesn't work at all for tenants with useless or vindictive landlords."
Really? Before that landlords could keep the lot indefinitely, now there's an easy route to get it back although not on the day you leave. I hardly call that no better than the previous system.
And op just raise all the claims you can, I always did and it usually came back fairly soon. Don't expect anyone to rush to give your money back.

Yeah but it takes 3 months+ and our landlord made so many vexatious and spurious claims that it took us 20 hours to complete our response and gather the evidence together. I had to turn down paid work to do it. How is that a fair way for us to get back our own money?

If you read my post properly you'll see I welcomed the fact deposits are protected and didn't say it wasn't better than what was there before (ie nothing) - but it is also a system that landlords with a vendetta can game to the tenant's detriment. I've experience of the system as both a landlord and a tenant and it was a far better experience as a landlord.

Ah I thought you meant it didn't work at all, of course any system can be gamed in many ways, but I know it's anecdotal but either I got much better landlords after the system came in, or it worked very well. I used to move house pretty much every year or two.

An update:

I've received an email from the dispute service giving the landlord a further ten days (on top of the 14 he's had already) to dispute the deposit to be returned.

Does anyone know why? I thought he had ten days in total after the tenancy ended to raise a dispute

Bump

Ask them.....