LL holding back £100 deposit for three months

jangor_2

I am posting on behalf of my son who doesn't have internet access. He left his rented flat two weeks early (with the agreement of the LL, the rent having been paid in full) four weeks ago (was allowed a dog during the tenancy). The LL carried out an inspection with my son present, which was apparently fine but the LL insisted on the carpets being cleaned. My son had the carpets cleaned professionally before the end of the tenancy and provided the LL with the receipt. For two weeks he has been trying to contact the LL by text, phone and email, without a response, in relation to his deposit. She finally replied yesterday saying she would be keeping £100 of the deposit back for three months because the flat may by this time be infested with fleas! She is renting the flat again. I queried with my son whether the deposit was held in a scheme. He advised it was initially with I think Right Move but the LL then said she wanted to put the money into another scheme. He cannot recall that he has ever received any paperwork from any other scheme. I am unsure how he can check with all three schemes. He really wants to know whether the LL should keep this amount for three months. Any advice gratefully received.

N79

Please provide:

The location of the property.
The monthly rent.
Whether the agreement to allow the dog contains a clause requiring the house to be flea treated or cleaned at the Ts expence?

jangor_2

St. Leonards on Sea
£525
The LL granted permission for the dog to remain at the start of the tenancy
It does state the carpets are to be professionally cleaned which my son did and provided the LL with the receipt. I think he paid approximately £130 for the cleaning of the carpets.

N79

St. Leonards on Sea?

Sorry I'm geographically challanged. Could you just confirm if it is in England & Wales or not?

If it is then ask the LL which deposit scheme the deposit is in and register a dispute (rightmove is not a deposit scheme). If it is not protected then sue for the return of the deposit plus 3 times the deposit.

Job done.

jangor_2

So sorry, I didn't think. Thankyou. It is near Hastings, Sussex. He does have a problem getting the LL to respond and was hoping he could contact the schemes himself to check. He found the flat through Right Move who put the money in a deposit scheme from whom he received a letter, but the LL then took over and said she wished to transfer the money out of the deposit scheme into one of her choice. He cannot recall receiving any paperwork after this.

N79

His next step is indeed to contact the schemes himself.

See http://www.direct.gov.uk/en/TenancyDeposit/DG_066391 for the full list to check.

jangor_2

Does this mean he needs to contact each scheme individually? Will they advise him on the phone?

tizhimi

There aren't that many schemes.

00ec25

N79 wrote: »

His next step is indeed to contact the schemes himself.

See http://www.direct.gov.uk/en/TenancyDeposit/DG_066391 for the full list to check.

jangor wrote: »

Does this mean he needs to contact each scheme individually? Will they advise him on the phone?

Yes - there are only 3 schemes :rolleyes:
the phone number for each is clearly shown on the link provided, their e mails are also there but unless you want to do that for him as he has no internet then I assume he can use the phone himself. He will need to give address and nanes of both him and the LL so they can identify if his deposit is registered. How you escalate to a claim with the relevant scheme is explained in the guidance, if unregistered he sues through the small claims court

jangor_2

Thankyou for all the replies. Yes he will certainly phone himself and can provide the necessary details. I think his main concern was whether it was acceptable for the LL to retain £100 for three months in case the property became infested, although he has had the carpets professionally cleaned at the LL's request and was not advised there may be a three month delay before the complete deposit is returned.

00ec25

If the deposit has been registered with a scheme then they will not allow the LL to keep a £100 "retention" unless the LL opens a formal dispute and provides evidence of damage or cost. The scheme wil require the undisputed balance of the deposit to be paid back in one go (damage costs will be retained until the dispute is agreed by both parties). Payment is within a reasonable time - this is not exactly defined but can take a good few weeks for the scheme to process it.

if a dispute is opened, then the respective scheme will need to contact your son, but as the only address they have for him is the tennacy address he may not know/get it unless he sets up a mail forwarding service with the Royal Mail, don't rely on the LL or new tenant forwarding any mail for your son

pre-judging the situation on the info provided, it is more than possible the deposit was not registered. In which case read up on how your son sues the LL for x3 the value of the deposit for failing to register it. The LL had an obligation to tell your son which of the 3 schemes (not Rightmove!!!!) the LL had registered the deposit with within 14 days of your son paying the deposit over. Of course it is also possible your son simply "lost" the paperwork given him by the LL. There is no way that a LL can legally retain even 1 penny from an unregistered deposit