Landlord being difficult about returning deposit

Tenant26

Hi, 

I handed back the keys from a flat I rented for just over 11 years on 25th March. 

I’ve been chasing my landlord to return the deposit since and he’s been putting it off and putting it off. 

He finally said to me last week that he was going to instruct the letting agent to release the deposit (it’s held by them under TDS Insured scheme). I’ve chased the letting agent who called me back today to say the landlord now wants to wait until Monday as he wants to check something. The only thing I can think this could be, is a problem I had with the bath in December. My son stood into the bath to have a shower, and it cracked underneath him. I reported this to my landlord and he had a plumber replace the bath. The plumber at the time said it looked like it was a hairline crack that had eventually gone through, and he could tell because the boards under the bath were wet. During the phone call with my landlord last week he accused me of cutting the bath with a Stanley knife (no idea what I would get out of doing that!?) and he was going to claim it back out of my deposit but decided not to.

Can he claim from my deposit for something that happened and was replaced during my tenancy? He mentioned nothing about his “suspicions” at the time when I reported it so it seems he’s just being difficult and it’s not out of character for him. 

Also, is there any law on how long the landlord has to return the deposit? All I can find is that the landlord “should” return it within 10 days but nothing solid.

Him being difficult about the deposit is so frustrating as we spent a lot of money on the flat during my long tenancy, replacing the flooring throughout, replaced the worktops, new kitchen sink, new blinds, re-tiled the kitchen. Which I know is my own fault as it’s not my own flat but we wanted it to be nice to live in. 

I’d really appreciate any advice!

PRAISETHESUN

I'd get the ball rolling yourself and formally request it back through the TDS. That will force the LL/agent to get their act together as they will lose by default if they don't respond within the prescribed time. They will also need to make a case for any deductions, and the scheme will help to arbitrate if there are any disputes.

penners324

Why don't you claim it back from TDS. That's what it's there for

Tenant26

Thanks for your replies, unfortunately the deposit is held under the Insured scheme rather than the Custodial scheme which as far as I am aware means that TDS can only help with disputes and I cannot formally request my deposit back from them as they do not hold it, it’s held by the letting agent. Although please do correct me if I’m wrong! 

PRAISETHESUN

https://www.tenancydepositscheme.com/faqs/tenant/insured/return-my-deposit/return-my-deposit/its-been-10-days-and-my-landlord-agent-has-not-informed-me-of-any-deductions-does-this-mean-that-i-should-get-my-full-deposit-back-now/

"If your deposit is protected with our Insured scheme (which means that your landlord or letting agent holds your deposit) and you have requested it back from them and 10 days have passed, you are able to raise a dispute via TDS. We will notify your landlord/letting agent of your claim and invite them to state what they are claiming for and give evidence to support it"

Mr.Generous

After 11 years the landlord will have a hard time holding anything back unless deliberate vandalism or similar. As others have said go to the TDS. Your landlord is foolish, and will have to pay up.

saajan_12

Specific responses below, but bottom line it's exactly that - a woolly 10 day guideline with no legal enforceability beyond the protections you have already with DPS and court. In your place, I would wait however long I thought the LL was negotiating/interacting on a reasonable basis and then just raise with the DPS. The former might be less legwork and encourage a lower claim while you're on good terms, but if it's not working then just go to the DPS. 

Tenant26 said:

Can he claim from my deposit for something that happened and was replaced during my tenancy? He mentioned nothing about his “suspicions” at the time when I reported it so it seems he’s just being difficult and it’s not out of character for him. - he can claim, yes, may not win though.
Not mentioning it isn't necessarily proof you didn't cause the damage, but it's going to be harder for him to argue now.. one for the DPS if it comes to it, but he hasn't even said it's that yet. 

Also, is there any law on how long the landlord has to return the deposit? All I can find is that the landlord “should” return it within 10 days but nothing solid. - no firm rule, as even if your contract says 10 days, your recourse if the go past 10 days is the same as your recourse on day 2... ie DPS. 

I’d really appreciate any advice!

Tenant26 said:

Thanks for your replies, unfortunately the deposit is held under the Insured scheme rather than the Custodial scheme which as far as I am aware means that TDS can only help with disputes and I cannot formally request my deposit back from them as they do not hold it, it’s held by the letting agent. Although please do correct me if I’m wrong! 
- you have a dispute.. you want it back and he's not giving it back (chat about giving it later is just that.. chat. 

propertyrental

Surely before speculating (" only thing I can think this could be, is a problem I had with the bath in December.") it would be better to wait for the LL to inform you of the reason for any proposed deduction?

Or as suggested to pre-empt that by making a claim from DPS

Sistergold

Was a bit annoyed by this! After living in a place and paying rent for 11 years the landlord did not expect to replace anything? I hope this landlord does the right thing and give you your deposit back and in full. Whatever cracked the bath was due to age not your son standing. It could also be the bath not being adequately supported at fitting, or not even a good make, all of which is not your fault. 

Robbo66

Tenant26 said:

Thanks for your replies, unfortunately the deposit is held under the Insured scheme rather than the Custodial scheme which as far as I am aware means that TDS can only help with disputes and I cannot formally request my deposit back from them as they do not hold it, it’s held by the letting agent. Although please do correct me if I’m wrong! 

The TDS have recently changed how they operate the insured scheme and have made it easier for tenants to start the process