End of tenancy / deposits etc

[kirinm]

What is the usual process in getting deposits back. Google suggests it’s 10 days from agreeing any deductions but our landlord hasn’t even tried to speak to us since we moved out. Is there a timeframe in which a landlord is meant to engage with this sort of conversation?

Our landlord is not your usual landlord (it was an air BnB let on a slightly longer term basis than usual) so I expect he knows as little about the process as I do!

He should have placed the deposit in one of the recognised tenancy deposit schemes. Have a look at the schemes website or at Shelter's website.

Yeah it was / is in a deposit scheme - he used a letting agent to begin with but at the end of the tenancy they seemed to pass responsibility to the LL.

Can I contact the scheme?

You contact the tenancy deposit scheme and request Payment

Great, thank you! (Haven’t rented in a long time until recently).

Annoyingly the agent has retained the money although it’s registered with the tenancy service but I have to ask the landlord to release it.

That’s not legal.

sorry, it’s protected by the scheme but the agents have it. This is from the scheme:

‘Your deposit is protected under our Insured Scheme, which means the agent paid a fee to TDS to protect the funds, but holds your money themselves’.

perfectly legal. It appears you know nothing about how deposits are held. ie the difference between custodial and insurance based schemes

correct (although I note that this appears to be a non standard airbnb as otherwise it would not be allowed to take a deposit in the first place under airbnb rules)

look at the website of the relevant deposit scheme, each of them provide in depth explanations of what to do and at what point in time a deadline has passed in terms of a "one sided" claim, whereupon the scheme takes over and releases funds to the claimant.

there are 3 scheme managers - pick the relevant one and start reading

Tenancy deposit protection: Overview - GOV.UK

They don’t have to talk to you straight away, but once you’ve requested the deposit back through the scheme they should either agree, propose deductions, or raise a dispute. The usual guideline is around 10 days from when both sides start that process, not from when you move out.

If the landlord isn’t engaging, log into the deposit scheme and start the return request yourself. That normally forces things to move because the clock starts on their side.

Correct. I've only ever heard of funds with the TDS being held by them.

As soon as you move out write to your landlord and request return of the deposit. The landlord should communicate any deductions they wish to make within 10 days or just return the deposit in full.

If they don't then you can request the deposit back from the TDS via their website by raising a dispute. They then write to the landlord and give them a 30 working days to respond.

If they ignore all communications then you will have to comlete a statutory declaration form and have it witnessed by a solicitor. On receipt of that document TDS will return the deposit in full.

Have you checked the deposit service?

Try and log in.

Landlords are sneaky, ours submitted deductions to the DPS without telling us and never registered our email to the DPS account when they set it up so we got no updates and no log in info. After a certain amount of time without any 'appeal' being launched it will just be automatically granted back to the landlord. You obviously can't launch an appeal if they don't TELL you about the claim or how to access the system though so they aim to 'time you out'.

We only found out just in time to launch an appeal after asking many time for an update then threatening to take it further because they wouldn't give us the info.

"As soon as you move out write to your landlord and request return of the deposit. The landlord should communicate any deductions they wish to make within 10 days or just return the deposit in full."

That's not quite the right way to do it.

OP, there are THREE tenancy deposit schemes. Check them all online until you find which one your deposit is registered with.

Then, the day you move out, request your deposit be returned online via the correct scheme.

The reason to do it this way instead of via the LL is that it sets of a 10 day timer with the scheme, who are obligated by timelines, whereas the LL can just do whatever they want at their own pace if you don't do it this way.

I’ve requested the deposit back - it is with the agent who insured it via one of the schemes. I’m already out of the house (and for those who remember the thread, he STILL hasn’t provided us with details of bills).

the LL does not have to provide you with details of bills

a deduction from a tenancy deposit is a means of financial compensation paid to the LL. It is not money in respect of specific bills, nor is there any requirement that the LL actually spend such compensation on undertaking any work at all.

the onus is on the LL to demonstrate to the relevant scheme that there has been a deterioration in the standard of their property what has been caused through damage caused by the outgoing tenant. "Deterioration" does of course exclude "fair wear & tear" and the scheme will have very clear ideas as to whether a claim is, or is not, wear & tear.

the onus for the tenant is to show there has been zero deterioration and they do that by showing there is no difference between check in and check out inventory.

if one or both inventories is missing, then the LL has no basis for a claim and tenant can simply request the scheme to release the deposit in full via the "dispute" process.

I think you misunderstand the bill reference - but that is helpful as I wouldn’t be surprised if he tries to deduct bills from it.

then don't mention bills

I can mention bills if I like as I was referring to my previous thread as I know some people on here were on that too.

Why are you being so rude?

I cannot see your other thread and in the context of a thread asking about how deposit work then "bills" is a very common topic of confusion as you have now shown.

have you read the instructions on the link I previously provided as to how to claim your deposit or are you hoping to be spoon fed "everything"?

I agree it is rude of me to provide accurate and comprehensive info

I saw the other thread (I think), so know why you mentioned the bills, although not sure what the outcome was.

Presumably you are still waiting for a figure that he can corroborate rather than one plucked out of the air?

What a mess! I bet he is planning to offset it against the deposit. What are the figures involved? Did you get a Check-Out report?

He hasn’t done anything since we moved out. Hasn’t provided details of bills despite the fact we’ve asked repeatedly, arranged an inspection etc. I’ve no idea why the letting agents who were involved at the beginning are no longer involved. I’ve taken a huge number of photographs (and did when we moved in too) so ready to challenge any deductions if he tries.

I suspect he will think he can take bills from the deposit though.

I’ve not been chasing re the deposit as the house is full of flu and work has been manic - and obviously we’ve also just moved but I will start to now.

Did you ever look on moneysaving expert to see if the house had its own separate utility address?

I've had landlords in the past that only use the agents for setting up the tenancy, then manage it themselves afterwards. So that's probably why they aren't now involved.

So the Agency is holding the money but waiting for LL to authorise the release? It seems that you'll need to keep on at the LL in that case.

I wonder if you can go through Small Claims if he continues to ignore you? I would have thought a month is the point at which you've waited too long.

He's probably ignoring you as he has no proof for the amount he is attempting to charge you for the bills.

Maybe you could just make him an offer to deduct x amount from the deposit for anything outstanding (eg. damages), including the bills and to return the remaining amount to you in full and final settlement - my wording is not necessarily correct though.

Electricity is definitely set up separately. Not sure about gas. The fact he hadn’t ever let the property out before is why he got so funny about changing the name on the account. It’s obviously completely standard.

We should have just pushed him at the beginning although obviously didn’t realise he wouldn’t actually deal with the bills. We do have money put aside and he has told us he’s taken metre readings (as did we) so I don’t know why he can’t just provide us with a bill.