Landlord not responding to my deposit request

Picara

Hi everyone!

I moved out of a rented flat on February 7th. I asked the agency that rented it to me how much I owed for my last week there, and as they took a while to get back to me, I paid this on March 2nd. The next day I got a reply saying they'd go check the flat and talk to the landlord to release my deposit - that's the last I heard from the woman I've been in touch with this whole time. I know they've checked out the flat as I've seen pictures of it on a new listing on Rightmove.

Since then, I have emailed and called several times with no answer. Emails don't get a reply, and calls don't get answered (or if they do, it's another agent saying he's out on a viewing and can't check my deposit status at the moment). I've left my name and number but haven't had a call back.

My deposit is protected by MyDeposits.co.uk for 3 months since I vacated the flat, which leaves me around 4 weeks to sort it out. I know they have a deposit dispute resolution tool, but it says that both the agency/landlord and I need to agree to use it and since they're not responding, I'm not sure this will work.

I don't really know what to do next. I'd rather avoid going through the small claims court, but I'm not sure what other options I have. I haven't written an official letter requesting my deposit back, just emails and calls. Would this be an issue?

Any help would be appreciated. Thanks!

dimbo61

Contact mydeposits yourself in the morning and speak to them direct.

dimbo61

You may need the help of the Citizens advice bureau to write a letter before action

G_M

1) write to the landlord, with a copy to the agent, requesting your deposit within 5 days.

2) if no response, raise a dispute with mydeposits.

Why on earth have you waited so long?

Have you read the mydeposits guides?

https://www.mydeposits.co.uk/tenants/get-your-deposit-back/

https://www.mydeposits.co.uk/tenants/faqs/

https://www.mydeposits.co.uk/wp-content/uploads/Tenant-moving-out-guide.pdf?categorytype=resources-tenants

saajan_12

Picara wrote: »

My deposit is protected by MyDeposits.co.uk for 3 months since I vacated the flat, which leaves me around 4 weeks to sort it out. - so get going through the right channels!

I know they have a deposit dispute resolution tool, but it says that both the agency/landlord and I need to agree to use it and since they're not responding, I'm not sure this will work. - That means the agent/LL can choose to reject resolution, but you can still take the first step in opening a claim.Then it'll be another notification for the LL/agent to wake up and respond from an official body, and if they completely ignore it, you'll eventually recover through a single claim.

I don't really know what to do next. I'd rather avoid going through the small claims court, but I'm not sure what other options I have. - get the other steps started quickly, but it might come to this. I haven't written an official letter requesting my deposit back, just emails and calls. Would this be an issue? - yes! get on this now, as you should allow them reasonable time (5-10days?) to respond. A formal request eliminates the ambiguity and if the LL / agent fails to respond or return the deposit, they can't then say they were 'in the process'. It'll be key in getting awarded costs if it does go to court as you gave them ample notice before going to court.

1. Send a letter requesting your deposit within 7 days with your details where to reply etc.

2a. If they reply claiming deductions, respond which you agree with and ask for the balance, and ask them to send evidence of before and after pictures as well as a justification to the amount charged to the resolution service.

2b. If they don't reply after 7 days, file a claim with the deposit scheme and follow their process, providing your evidence of the check out photos showing good condition and your requests for the deposit back.

3. If the deposit scheme are unable to help (e.g. if they say the LL refused to use the resolution) then file a money claim online with the same evidence.

Picara

Thanks for the replies everyone! It's helped a lot.

I know it's been 4 weeks since I fully paid and I should have got onto this earlier - I've just never had an issue like this before, and I started a new job with an insane workload so I guess the weeks just passed me by until it hit me it had been 4 weeks.

I found these letter template to formally request my deposit in MyDeposits.co.uk, and another one for the landlord to return:

I'm going to fill the first one in and send by email along with the second one to both the landlord and the agent, giving them 10 days to respond. I'll send this by post to the landlord as well. If I don't hear back, I'll open a case via the dispute resolution tool and see if they respond to this. If not, it looks like I'll have to go through the small claims court with all this evidence.

Thanks again for your advice everyone.