Is there any penalty if estate agent delays refunding initial deposit?

K335D · 18 February 2020 at 5:02PM

Tenancy ended in mid January 2020. Final balance resolved. No disputes re condition. Received an e-mail first week of Feb that I'd have my full deposit returned within 3-5 working days. I e-mailed them 7th of Feb and I was told I'd have it within the week. Nothing.... I e-mailed again on 17th of February and I was told it's being processed by their accounts dept and I should again "have it within the week". (Same line they fed me two weeks ago).

Suppose next week comes and it's the same again, aside from raising a complaint with their managers, etc - is there any recourse or penalty/incentive for them to resolve this in a timely manner? There's no dispute on the amount owed/condition of the property. I googled this and saw that the agent should return the deposit within 10 days of agreeing the figure (more than 10 days has passed) but it wasnt clear what happens if 10 days elapse, and if that 10 day figure means anything.

D.L · 18 February 2020 at 5:06PM

Go to the deposit scheme where your deposit is held and request it to be released.

K335D · 19 February 2020 at 10:20AM

Thanks, I will ask my flatmate to initiate that, as he registered his deposit when he moved into the flat about 5 years ago, and I replaced a former flatmate last year and paid the flatmate "my half" of the deposit directly.... In the meantime, is there anything we can do besides leaving negative google reviews for the estate agents due to their lack of communication surrounding the matter? OR was it never their remit to initiate the return of the deposit?

davidmcn · 19 February 2020 at 10:24AM

There are (hefty) penalties for failing to protect the deposit, but nothing for merely being uncooperative about returning it. The deposit scheme deals with any disputes.

K335D · 19 February 2020 at 10:34AM

Thanks! That's a shame. Have you ever heard of this "the deposit should be returned within 10 days of tenant and landlord agreeing [the amount]" - what happens if it isn't returned within 10 days? Is that just an empty line that means nothing, I see it everywhere but nothing about what happens if it is elapsed. Thanks so much for the responses.