Deposits DPS and very quiet landlord/agents

megone23

Im just after some advise here really:
So me and my boyfriend bought our first house and moved from our rented house in late June,.we left expecting to loose some of our deposit but get some of it back. We were mostly just relieved to be out of the damp leaking drafty pit we had shared for the last two years!

Our deposit is protected by DPS and we have all the codes to get into the account and my boyfriend duly logged in and requested the return of the full amount once our tenancy was up but since then we have heard nothing from the Landlord regarding any return of the deposit and it took the agents 3 weeks to eventually send us the check out inventory (this was backdated to a few days after we moved out so we cant be sure if it was actually carried out at the time or not)

Since then we have heard nothing about how much the landlord wants to deduct from the deposit or anything. My boyfriend seems to believe that if after 3 months there is no response on the DPS account from the landlord or agents then the full deposit defaults back to us, I'm not so sure does anyone have any experience of this?
I'm beyond the point of caring about the amount of money I just want to feel like I can close the 'horrible house' chapter in our lives but I'm also unwilling to spend any more of my life chasing !!!!less agents about after a deposit that seems stuck in limbo.

If anyone can offer any suggestions it would be great.
Ta!

aneary

Once you log your claim they should give you a date when the LL has to defend or not.

I logged a claim on the Wednesday, on Friday I got an email saying the LL had to reply within 14 days (calendar days it included the bank holiday). This was with TDS.

00ec25

megone23 wrote: »

If anyone can offer any suggestions it would be great.
Ta!

read the instructions on the website of the relevant tenancy deposit scheme in which yours is logged for how you make a claim

all 3 schemes explain very clearly what you need to do

Comms69

Do you really think that they can just keep the deposit if they don't reply?


What would be the point of the scheme?

megone23

00ec25 wrote: »

read the instructions on the website of the relevant tenancy deposit scheme in which yours is logged for how you make a claim

all 3 schemes explain very clearly what you need to do

I've been looking into it for a long time and to be honest I have read all the instructions listed on the website but nothing is listed that covers our current situation. I think most deposit problems relate actual disputes where both parties are engaged. There is nothing about what to do if there is no engagement.

I've run out of other avenues for advise which is why I've posted on here. Thanks.

aneary

Did you boyfriend not get an email like the below when he raised the dispute


18th August 2017

Dear Miss NXXXX

Dispute Reference Number: TDSN17-XXXXX Deposit Certificate Code - Starting: tDn******
Tenancy Property Address: XXXXXX Deposit in Dispute: £XXXX.XX
Notification of Potential Dispute

Thank you for telling us there may be a dispute about the deposit relating to this tenancy, you have confirmed you agree to act as lead tenant and you wish the deposit to be repaid as follows:

Amount of deposit £XXXX.XX
Deposit in dispute £XXXX.XX
What happens next?

We will advise the agent/landlord that they have until 1st September 2017 to:

agree the repayment of the deposit; or
dispute it, in which case they need to provide details of their claim and the documents they want the adjudicator to consider.
If the agent/landlord agrees with the repayment of the deposit

We will ask you to confirm that you have received the agreed amount.

If the agent / landlord disagrees with the repayment of the deposit

We will make the information they send us available to the tenant(s), and ask the lead tenant to give us more details about their case and the supporting documents they want the adjudicator to consider.

Yours sincerely


The Dispute Service

Customer Contact Centre: 0300 037 1000

https://www.tenancydepositscheme.com

bob_bank_spanker

megone23 wrote: »

I've been looking into it for a long time and to be honest I have read all the instructions listed on the website but nothing is listed that covers our current situation. I think most deposit problems relate actual disputes where both parties are engaged. There is nothing about what to do if there is no engagement.

I've run out of other avenues for advise which is why I've posted on here. Thanks.

The LL can't just duck out of paying you by ignoring contact. If they don't respond to DPS then you will win by default.

00ec25

megone23 wrote: »

I've been looking into it for a long time and to be honest I have read all the instructions listed on the website but nothing is listed that covers our current situation. I think most deposit problems relate actual disputes where both parties are engaged. There is nothing about what to do if there is no engagement.

I've run out of other avenues for advise which is why I've posted on here. Thanks.

sorry but as you state it is with the DPS they publish a number of guides including one called "Reclaiming a deposit - single claim process", ie a one sided claim if the other party does not respond within 14 days and it is in the custodial scheme

if in the insured scheme open a dispute - the LL has your deposit and is not returning it in full, the very definition of a dispute, so the "insurance" aspect of the scheme kicks in as a dispute claim

see here:
https://www.depositprotection.com/processes

megone23

This is what I'm thinking, but it can't just be a case of waiting it out until Deposit protection scheme makes a transfer after 3 months or so?
I mean I'd be fine if they wanted to take a bit out but we cant dispute anything until they actually tell us how much they want. We were prepared to have to fight them for it as they have been total nightmares throughout the tenancy but to be honest the full radio silence has been more unnerving.

anselld

megone23 wrote: »

This is what I'm thinking, but it can't just be a case of waiting it out until Deposit protection scheme makes a transfer after 3 months or so?
I mean I'd be fine if they wanted to take a bit out but we cant dispute anything until they actually tell us how much they want. We were prepared to have to fight them for it as they have been total nightmares throughout the tenancy but to be honest the full radio silence has been more unnerving.

As mentioned above - you need to start the Single Claim process.