Haven't been told deductions

moombamike

Hi all,

A little help needed on return of a deposit if possible. Thanks in advance for any and all advice.

We moved out of our house on the 28th January and still don't know of any deductions to be made to the return of the deposit. This seems like an excessive amount of time to me. We actually ended our tenancy a week early in order to suit the new tenants' move-in date so any assessment of the property would have been done immediately.

We have chased and they have said about getting final bills payment confirmation (which we've also done - even though from what I read they should not affect the payment time of the deposit as utilities were in our name).

Our contract states

The Landlord or the Landlord’s Agent shall notify the Tenant in writing of any deductions to be made from the Deposit within twenty eight days of the end of the tenancy and shall specify the amounts to be deducted from the Deposit and the reasons for any deductions to be made.

28 days is up on Thursday this week, if they do not let us know of any deductions by then is it fair to request the full deposit back immediately?

Does it always take this long just to let tenants' know of deductions? I simply don't understand the delay when the property would have been assessed a day after we moved out, it can only be down to incompetence or laziness by the landlord/estate agent?

Thanks,
Mike

SerialRenter

If you don't know which scheme your deposit is held with, use this site:
http://england.shelter.org.uk/get_advice/tenancy_deposits/tenancy_deposit_protection_schemes/deposit_protection_and_tenancy_deposit_schemes
to find it.

If it is there, launch a claim with the scheme requesting your deposit back.

If you cannot find your deposit it becomes more complicated (but in your favour), reply as such and we'll be able to give you further advice.

quidsy

Just claim the whole deposit back from the registered DPS & then you rLL can counterclaim any decuctios via them which you can either dispute or agree. I would have done this on day one tbh. What your contract states is irrelevant, it isn't up to your LL to decide what to return. And FYI, the bill final payment is not a valid reason for them to withhold deposit, the contract with CT & gas/elec is between you & the company, the LL has no dealings with it at all.

G_M

As above.

Is deposit registered?

Which scheme?

Make a claim via the scheme.

If not registered, write to LL (letter) pointing out the (3 times deposit) penalty (Housing Act 2004) for failing to register.

Deposits (under development)

moombamike

SerialRenter wrote: »

If you don't know which scheme your deposit is held with, use this site:
http://england.shelter.org.uk/get_advice/tenancy_deposits/tenancy_deposit_protection_schemes/deposit_protection_and_tenancy_deposit_schemes
to find it.

If it is there, launch a claim with the scheme requesting your deposit back.

If you cannot find your deposit it becomes more complicated (but in your favour), reply as such and we'll be able to give you further advice.

Hi

Thanks for the help.

I've checked and my deposit is registered with mydeposits.co.uk

There's no option online simply to request the return, but I can raise a dispute on the website... Is that right?

Also, as our tenancy contract stated, the landlord/estate agent had 28 days to tell us of any deductions they want to make to the deposit. As the 28th day is today and we haven't received anything, if they claim any deductions after this time can I outright refuse them due to the period for telling us the deductions being over?

Thanks

Pixie5740

Have you written to the LL/LA formally requesting the return of your deposit? If you have and have not had a response from the LL/LA then just raise a dispute with MyDeposits.

Even if the LL/LA take longer than 28 days to get back to you about deductions, if you've caused damage and the LL/LA can prove it then you need to pay for it. If not through the deposit scheme then through court.

Jhoney_2

Not sure, but I suspect that 28 day notification period would end at midnight.