Will we be able to get our deposit back?

Fire_Fox

My gut feeling is to ignore anything that has been said in voicemail messages to date, the letting agents should be dealing with this in writing. My stance would be that you have received NO formal communication from the landlord or letting agent to date and I would be looking to raise a dispute now. Check directly with whichever deposit scheme about timescales: I don't think they can just get together an itemised list of deductions at their leisure. :mad:

"The Tenancy Deposit Scheme
The Tenancy Deposit Scheme (TDS) is run by The Dispute Service, and builds on a voluntary scheme established in 2003 to provide dispute resolution and complaints handling for letting agents. Decisions are overseen by the scheme's own Independent Complaints Examiner (ICE). He has a team of adjudicators who deal with the disputes.

If there is a dispute about the deposit at the end of the tenancy, the landlord or agent has ten working days to try to resolve it. If this is not possible, then the tenant, the landlord or the agent can refer the dispute to the TDS. The landlord or the agent, whichever is holding the deposit, will transfer it to the TDS, and the TDS will take responsibility for paying it out, as decided by the ICE. If the deposit is not transferred, then the TDS will pay the tenant whatever is decided, and pursue the landlord or agent for the money.

To start with, the TDS staff will attempt to negotiate an agreement between the two sides. If this isn't possible, an adjudicator will look at all the written evidence, which can include photos and videos. The adjudicator will not investigate the case further, so you need to make sure that you send in all the evidence needed to make your case. A decision should be made, and the money paid out, within 40 working days from when you first contact the TDS. "

bramble1

I have phoned TDS and they said that the length of time it has taken to get back to us will work in our favour should we raise a dispute, but we need the amount of deposit that is actually in dispute before we start to do that.

I won't be phoning them back, so they won't be able to say we aknowledged the voicemail - however tds did take my details so they know i got the voicemail.

Fire_Fox

Can't you just dispute the entire amount? None of it has been returned to you, and there has been no explanation as to why the entire amount is currently being withheld. It's been over a month, I'd want to get the ball rolling and make the landlord/ letting agent see that I am not going to passively accept their disregard for my legal rights.

bramble1

I'm not sure - i wouldn't want to dispute the entire amount if it could in anyway turn and end in me losing the total amount?

Fire_Fox

From what you have told us to date, this is an open and shut case. There is no dual signed inventory detailing the condition of the property, any deductions are going to be trumped up and hence the 'evidence' will have to be similarly trumped up, you professionally cleaned the place using the company recommended by the agent AND you have an invoice, the letting agent/ landlord have not bothered to write to you in the month since you vacated. The legislation is there to protect tenants and the burden of proof is on the landlord, so I honestly don't see how the DPS could find in favour of anyone but you! All you need to do is stop stressing, stand firm and be organised.

bramble1

Thank you I think what i'm going to do is tonight go home and collect all my 'evidence' - my tenancy agreement, cleaning records etc etc and sit down go through the dispute form.

Fire_Fox

Don't forget itemised phone bills listing all the times you have complained/ communicated with landlord or agent. Let us know how you get on!

bramble1

Just scanning through the notification of dispute, it asks how much is in dispute - then asks for a reason why i suppose i chose other then what do i put for the reason?

Fire_Fox

I'd simply say that the damage deposit has not been returned, if you have space state that no explanation has been forthcoming from the landlord despite a written reminder. Or ring the DPS again, I bet they will be happy to help as pretty much all tenants are 'amateurs' in this area!

bramble1

It's been a week since i got the voicemail about the deposit and i have heard nothing! This is beyond a joke!!!!