Deposit Protection Scheme

markmcalear

My previous Landlord/Agent has yet to release my deposit.

I moved out and handed the keys back on Friday 10th August. A checkout was carried out by LA that afternoon (I handed the keys to the person who carried out the checkout when he arrived at the house).

I haven't heard anything from LA about any deductions. As far as I am concerned there are no deductions to be made.

I have requested my deposit back from DPS but the LA/LL has yet to respond to my request.

How long do they have to respond? What if they dont respond?

Any help would be much appreciated as the LA has been shocking and I dont really expect to get my money back without jumping through hoops and fighting for every penny of it.

Thanks

G_M

From DPS website (FAQs):

my landlord has disappeared and is not responding

Do you mean that you want to know what to do if the Agent or Landlord is not contactable/not responding to communications?

Yes

In these circumstances the Single Claim Process is available.

The Single Claims Process is a method of repayment for use by a Tenant if:-

a) the Tenant has no current address for the Agent/Landlord; or

b) the Agent/Landlord fails to respond to the Tenant’s written notice asking whether the Agent/Landlord accepts that the Tenant should be repaid some or all of the Deposit within 14 calendar days of the end of the tenancy.

markmcalear

Obviously I know where the LA is based. The LL has moved back into the house I moved out of.

Am I correct in assuming that we are now 11 days into their 14 day period to release my deposit? Even though I only requested it from DPS a few days ago?

dimbo61

Yes the LL has 14 days to return the deposit but I would still contact the DPS ( there are 3) and find out which one is holding your deposit.
Hope you get the money soon

markmcalear

My deposit is held here https://www.depositprotection.com/

So this Friday will be 14 days since I moved out. If they havent responded by then I will start a single claims process. Once this point is passed is it too late for them to decide they want to make a deduction?

anselld

No. They can still claim deductions in their response (if they respond). If they fail to respond the deposit will be returned, however they could still go to court to claim for any damages.

markmcalear

Today the LA has emailed me a list of 13 deductions they wish to make from my deposit. I dont agree with any of them. This deposit protection thing is a waste of time and doesnt benefit the tenant at all.

I knew this would happen with the LA, if my deposit wasnt in one of these schemes I wouldnt have paid my last months rent.

G_M

Can I suggest you withold judgement on the scheme system till you have had the dispute resolved.....?

If you disagree with the LA's claims against you, by all means slate/critisize the LA.

But the deposit scheme cannot be held responsible for what the LA does/says/claims!

Judge the LA on what they do and depoit scheme on what they do.

markmcalear

The scheme is flawed. Its been 14 days since I moved out. They carried out a check out on the day I moved out. They havent responded to my request for deposit to be returned until today. They have only provided a list of deductions they wish to make, they have yet to obtain quotes for what they say needs doing.

I'm clearly going to wait a long time for my money as I will dispute every penny they wish to deduct. I dont see me getting all my deposit back even though the house was spotless when I left it.

They have even accused me of changing screws in the hinges on kitchen cupboards and say they need to have these professionally replaced!?!?!? How can I prove/disprove that?? Apart from the fact that I have never done any DIY in my life...

G_M

All you are doing is explaining what d*ckh**ds the agents are. Still nothing to do with the scheme!

Any system that is designed to resolve disputes (eg the civil courts, arbitration, councilling...) has to deal with conflicting claims by the parties involved. It is not responsible for the claims those parties make. It simply has to try to see past the cr*p and reach a fair conclusion.

The deposit schemes' dispute resolution processes are no different. They get landlords claiming damage was done and tenants swearing blind they left the place immaculate, and they have to try to find the truth.

That's how legal systems all work (except the corrupt ones which thankfully for the most part, in comparison to some countries, is not the case in the UK).