How long does my landlord have to return the deposit

porkedpie

My tenancy ended on 28th of March and 2 weeks later I've just found out they haven't even done the check-out inventory yet.
I'm scouring the internet but I'm surprised I can't see any rules which state how long the landlord has in which to complete the check-out or to return the deposit.
I know he doesn't have a new tenant - if he did the report would have been done the next day, of that I'm sure!

anselld

The schemes generally recommend 10 working days but it is guidance, not law.  There may be some delay with getting people to do inventories, quote for repairs, etc at the current time.
Have you asked the Landlord?  If you are not getting and response and feel they are dragging heels then log into the relevant deposit scheme and initiate a claim yourself.

theartfullodger

What does tenancy say about returning?  I sadly seem unable to read it from here

porkedpie

I had been dealing with their agents, and today added the landlord directly who implied that the check-out hasn't even been booked yet. As I say since he doesn't have a new tenant he doesn't care at all.
I have requested the return through the Deposit Protection Scheme but even they say there's no deadline that they will enforce on.
As it  is now 14 days after the end, it seems I can use the Single Claim Process if I can find a Solicitor, a Commissioner for Oaths or a Magistrate to witness it...!

LoveSauce

I'm in the same position. Tenancy ends 15th april and have asked estate agent if a video tour of house + pictures of wear and tear/damages will be accepted. Because this lockdown could last untill end of may... They will get back to me Tuesday

porkedpie

theartfullodger yes thanks for the nudge! I had read the terms, but managed to miss the crucial clause. On re-reading: "The Landlord/Agent must tell the Tenant within 10 working days of the end of the

Tenancy if they propose to make any deductions from the Tenancy Deposit." Which I guess means by the end of Tuesday since today isn't a proper working day.

Hannimal

This sounds like a really awful position to be in - however, we are under lockdown so it is entirely understandable that an inventory cannot be taken right now. I wonder if they can do a part return of the deposit or something? The tenants here really get the short hand!! 

[Deleted User]

porkedpie said:

I had been dealing with their agents, and today added the landlord directly who implied that the check-out hasn't even been booked yet. As I say since he doesn't have a new tenant he doesn't care at all.
I have requested the return through the Deposit Protection Scheme but even they say there's no deadline that they will enforce on.
As it  is now 14 days after the end, it seems I can use the Single Claim Process if I can find a Solicitor, a Commissioner for Oaths or a Magistrate to witness it...!

Understandably you want the deposit back quickly but you need to take a step back. They are still within the deadline, and you are concerning yourself with court process. Write to them, and contact them again, once the deadline passes (if the payment is not made). Make if clear that you really need the money, perhaps suggest that you now face defaulting on your other bills and that contractually it should have been returned (or disputed) sooner.

porkedpie

We are now 3 weeks on and well outside of the 10 working days in the tenancy agreement.
Landlord says that he has not been able to inspect the flat and so the lease terms are varied by the legal doctrine of frustration, such that the deadline has been extended by force of law. In order to return the deposit, the inventory agent needs to inspect the flat.
To which my thoughts are:
1. No, the laws explicitly allow him to leave his house to fulfil a legal obligation. Therefore not frustrated.
2. Whether or not the inventory clerks are working is irrelevant to me. The tenancy agreement does not stipulate anything about the check-out report/inventory so it would have been fine for him to visit the flat himself (he lives close by). An inventory agent does not need to inspect the flat.

(Landlord is a lawyer and definitely trying to scare me with technical terms)

anselld

I would agree there is nothing preventing the Landlord completing the checkout.
So start the claim with DPS.

greatcrested

Write (yes, write!) to the LL, with a copy to the agent, requesting your deposit back within 5 days. (Better still, time-travel back a week and write then!). Once the deadline has passed, apply to the protection scheme for return in full.

The good news is that the delay in inspection will detract from its reliability - so any proposd deductions could be contested on the grounds the damage/dirt post-dated your tenancy.

Now read the stickie:

Post 3: Deposits: Payment, Protection and Return.