Getting the deposit back

Gonzo1987

It's been a while so i'm a bit rusty on this.

Do you as a tenant have to physically ask for your deposit to be returned OR should your letting agent have communicated to you within 10 working days of leaving the property/check out being done have contacted you regardless to discuss any parts of the deposit that may be with held?

Mr_Moo_2

Which deposit protection scheme is it with? - the processes are slightly different for soem of them. Did you get an inventory at the start and have a check out at the end (if you've left....) ?

BitterAndTwisted

You as a tenant should get onto the deposit protection scheme's website and claim the whole of your deposit back now. If the landlord or their agent want to make a deduction then they will need to first contact you about it, and then claim whatever it is from the scheme. At that point you have the opportunity to agree or dispute it. Some agents just go straight to the scheme hoping that tenants don't know how to challenge their deductions, so don't give them an opportunity to pull a flanker on you.

Gonzo1987

Mr_Moo wrote: »

Which deposit protection scheme is it with? - the processes are slightly different for soem of them. Did you get an inventory at the start and have a check out at the end (if you've left....) ?

The deposit is protected with TDS and yes had a check in and out. Left the property last day of June.

Gonzo1987

BitterAndTwisted wrote: »

You as a tenant should get onto the deposit protection scheme's website and claim the whole of your deposit back now. If the landlord or their agent want to make a deduction then they will need to first contact you about it, and then claim whatever it is from the scheme. At that point you have the opportunity to agree or dispute it. Some agents just go straight to the scheme hoping that tenants don't know how to challenge their deductions, so don't give them an opportunity to pull a flanker on you.

So just contact the TDS directly and request that the deposit be returned and cut out the agent directly?

BitterAndTwisted

After you have been onto the TDS website why not give the agent a ring and ask them when they are going to agree to your deposit being released? If there are any proposed deductions I expect they will probably mention them right then.

BitterAndTwisted

Gonzo1987 wrote: »

So just contact the TDS directly and request that the deposit be returned and cut out the agent directly?

Yes, you don't need the agent's permission to request the return of your own money. Some tenants think that all they have to do is sit tight and the funds will automatically be released. I've heard of instances where the tenant has done nothing and the agent has pre-emptively claimed the lot.

Don't forget that TDS is one of the insurance-based schemes, so either the agent or the landlord they represent physically holds your money.

Gonzo1987

Thanks guys - will contact TDS, then agents and take it from there. Depending on what they say, may be back!

Gonzo1987

Okay, so they want to keep some money for cleaning the property. BUT it took over 10 days to get back to us about the amount they wanted to keep.... It stats in our contact..

Section 8 (10) “The Agency must tell the Tenant within 10working days of the end of the tenancy if they propose to make any deductionsfrom the Deposit.”


Can we go back to them with our proof it took longer than 10 days, and us chasing to get this info and request the full deposit be returned?

The letter is dated 9th July but the post mark on the envelope it July 16th...

Werdnal

I hardly think 2 working days late is going to give you your deposit back in full.

Are you querying anything about the deductions themselves, or just that they were 2 WORKING days late getting the letter to you?

Gonzo1987

If it states in the contact that they MUST tell us within 10 days and they are late, then yes, I think that does mean they should provide it back in full... otherwise why adhere to anything else written the contact..

I am querying the cost for cleaning as when we moved into the property we had to request they send a cleaner in, due to the state of place, which although they agreed they would do they didn't - so the check out will show the property is the same/ better than when we moved in, so we dispute them keeping that part.