Estate agents not returning deposit

Frankston

Hi guys. So I moved out of a property last month on the 20th June, was told that I'd be informed of any deposit deductions within 10 days and that I could expect to receive the deposit back around the 1st July.

It's now the 29th July, almost 6 weeks after vacating the property, and I've heard nothing. I've phoned the estate agent multiple times. Several times I've been told that the matter would be looked into and I would be called back, and they just didn't call back. A couple of other times I've been told that the payment would be processed and returned to me within 10 days which hasn't happened. I have confirmed with them the correct bank details to make sure it isn't a payment error.

On top of this, I neglected to cancel the standing order before an extra months rent was taken out of my account. I was able to contact them about this and agreed to receive the rent back along with the deposit refund so as to avoid the extra administration fee to process the rent refund. Had I know it would take this long, I would have happily paid the fee and got the rent back separately because I am desperately low on cash right now.

Where do I go from here? Should I send an email formally requesting the return of the deposit within x amount of days, so as to have something in 'writing' I can present to the tenancy deposit scheme should I need to? I have requested it several times over the phone but I'm not sure if that counts as a formal request as I can't really prove it.

Edit: I should probably mention that I'm a student, so the estate agents in question is several hundred miles away from me right now as I'm home for the summer so unfortunately it's not really possible to head down in person for now.

bebewoo

How to get your deposit back:

http://england.shelter.org.uk/get_advice/tenancy_deposits/getting_your_deposit_back/return_of_a_tenancy_deposit_when_a_tenancy_ends

agrinnall

You have complicated things by making the additional payment, if it was just the deposit you could recover it through the scheme, but that won't get you the extra money back. So I would suggest writing a Letter Before Action, and if they fail to return your money in a reasonable time (say 14 days) then start a small claim online.

https://www.moneyclaim.gov.uk/web/mcol/welcome

TBagpuss

I'd so both. Make the claim forthe deposit through the scheme and send a formal letter regarding the overpayment.

KingS6

Yes. Make sure you send an email or letter detailing all your issues. It's all recorded then.

If sending a letter make sure it's a recorded delivery.

G_M

Stop phoning and put this in writing.

Have you put in a request to the depoit scheme for it to be released to you? Why not?

The rent over-payment also needs to be put in writing. Ultimately if it's not returned you'll have to use moneyclaim online.

Frankston

Thanks for the reply guys. I finally got a call today saying that they've been waiting for the landlady submit her report, and that she intends to charge me for some broken bathroom tiles. These were broken when I moved in.

Unfortunately, I don't have the photos of these I took when I moved in. My phone decided to delete all media saved from before March this year and I neglected to save them somewhere else. Lesson learned there.

I do however have a dated text message saved of me telling my mother about the broken tiles when I first moved in. It's a long shot, but would this hold up as evidence if I am to dispute this?

Pixie5740

The onus is on the landlord to prove the deductions are reasonable. Is there a check-in inventory? Does it show the tiles were broken?

bod1467

You lodge a dispute with the deposit scheme should she try to withhold any of it. Your text message could be used as evidence if the deposit scheme requires you to provide evidence.

KingS6

Strongly suggest you get that text message backed up so you don't make the same mistake twice. Your hopes could well be pinned on it.

Did you do as we advised and get everything put down in writing, copied and recorded? Also ask them to put what they said to you in the call today in writing too.