Tenancy Deposit Scheme - Bad Landlord!

AWT19

My main issue is that had the deposit been lodged with an appropriate scheme, we would presumably have our deposit back already. Instead, because of this we are having to wait, which I dont think is what is intended to happen under the scheme.

Effectively we are the ones getting punished for the LL not following his legal requirements. Agree?

I still need to pay my deposit for my new place, which I need this money for. So there is the inconvenience of the matter.

We're both quite sick and tired of the LL's attitude during the tenancy also, he never returns calls, emails etc and as I mentioned, we had to spend time in a hotel due to the place being inhabitable. Sometihng that he should have been able to sort out sooner than he did. But I guess this is all irrelavent at the end of the day.

And I do appreciate your time!

AWT19

Premier,

Also, can you please clarify what you mean by "reasonable time". Surely this is what the 10 days under the scheme must cover?

Premier_2

AWT19 wrote: »

My main issue is that had the deposit been lodged with an appropriate scheme, we would presumably have our deposit back already. Instead, because of this we are having to wait, which I dont think is what is intended to happen under the scheme.

Effectively we are the ones getting punished for the LL not following his legal requirements. Agree?

I still need to pay my deposit for my new place, which I need this money for. So there is the inconvenience of the matter.

We're both quite sick and tired of the LL's attitude during the tenancy also, he never returns calls, emails etc and as I mentioned, we had to spend time in a hotel due to the place being inhabitable. Sometihng that he should have been able to sort out sooner than he did. But I guess this is all irrelavent at the end of the day.

And I do appreciate your time!

No, as I understand it, the tenancy only ended 2 weeks ago. Have a look at the schemes to see how long it can take to get your deposit back through them

No, I don't think you are being punished at all. How do you come to that conclusion?
One of the issues with the tenancy deposit schemes, especially the free custodial one, is that LLs cannot give the deposit back at the time a tenant moves out as they used to prior to the legislation.

You are correct, all the bad history is irrelevant and I fear it is clouding your judgement somewhat. Let bygones be bygones and concentrate on the current issue. You want your deposit back asap.

Premier_2

AWT19 wrote: »

Premier,

Also, can you please clarify what you mean by "reasonable time". Surely this is what the 10 days under the scheme must cover?

The term "reasonable" has never been defined in law, sorry.

AWT19

As I said, I was hoping to have the deposit back already, and had presumed that if it was held by a Tenancy Deposit Scheme then we would have it back, as through my research, it is required within 10 days. But appreciate that this may not necessarily be the case.

What would you recommend we do now? Send an email threatening to take some form of action over the deposit not being lodged as legally required and give him a deadline to pay by? Or just wait passively?

Premier_2

AWT19 wrote: »

As I said, I was hoping to have the deposit back already, and had presumed that if it was held by a Tenancy Deposit Scheme then we would have it back, as through my research, it is required within 10 days. But appreciate that this may not necessarily be the case.

What would you recommend we do now? Send an email threatening to take some form of action over the deposit not being lodged as legally required and give him a deadline to pay by? Or just wait passively?

Why do you want the deposit protected now?
The tenancy is over. The tenancy deposit scheme will not help you now.
You have asked the LL to return the deposit and you say he agreed to do that last Friday. If you don't receive it shortly, then give him a gentle reminder. You'll get a lot more co-operation out of him if you ask nicely than if you start sending stroppy, threatening letters. Court action should be seen as a last resort, not first port of call.

I think you'll find under the free scheme,
https://www.depositprotection.com/Public/FAQs.aspx?section=Repayments#Q11
the 10 days relates simply to the amount of time that it takes to get the payment from the scheme to you - it doesn't include the amount of time it takes to get the return agreed. That can take a further 14 days, or more if a dispute is raided.

tbs624

For a further case on LL's failing to protect tenancy deposits see here and the related comments here

Here's another link that may help you AWT - although it is produced by the NUS and, as such, aimed at students, the content is relevant to most tenancies.

AWT19

Thanks alot tbs624, I suspected that Premier didnt really see it as an issue that the LL had clearly broken the law. The claim pack looks very useful and I answered yes to all those questions so will look into it further tomorrow.
The point I have is that there doesnt seem to be any punishment for LL's who dont protect the deposit. If I were a LL, I woudnt protect it, put it in my account and earn interest until the tenant said something, which I guess is probably not going to happen over 50% of the time, as that article suggests. If the tenant said something, and threatened court action, only then would I go to the hassle of registering it. There's no real incentive otherwise.

I'm tempted to try and push this through the courts and get a ruling on it. It seems quite clear that a law has been broken right? Surely getting my deposit back and the law break are 2 seperate issues right?

AWT19

This site is great... drama... tension... David v Goliath... good v evil...

Premier_2

AWT19 wrote: »

Thanks alot tbs624, I suspected that Premier didnt really see it as an issue that the LL had clearly broken the law. The claim pack looks very useful and I answered yes to all those questions so will look into it further tomorrow.
The point I have is that there doesnt seem to be any punishment for LL's who dont protect the deposit. If I were a LL, I woudnt protect it, put it in my account and earn interest until the tenant said something, which I guess is probably not going to happen over 50% of the time, as that article suggests. If the tenant said something, and threatened court action, only then would I go to the hassle of registering it. There's no real incentive otherwise.

I'm tempted to try and push this through the courts and get a ruling on it. It seems quite clear that a law has been broken right? Surely getting my deposit back and the law break are 2 seperate issues right?

The issue is not about punishment. No crime has been committed. The legislation is about protecting tenants deposits from rogue LLs that refuse to give the deposit back without reason at the end of the tenancy.

You really should have ensured the deposit was protected when you gave the deposit to the LL, well within 14 days.

As you didn't do that, the law wasn't designed to protect you. It's back to the old method of asking the LL for the deposit to be returned and if all else fails to asking a court to demand the LL returns it.