Landlord not returning deposit

ChloeManoey

I moved out of my rented flat on 1st August. My contract officially ended on 23rd August, midnight. I gave my landlord one month notice on 20th July and he confirmed receipt. 

Since the 23rd August, I have been asking for my deposit back. Landlord replied to my email to say he is happy with the condition of the flat and will be returning my full deposit. 

I have now chased him a further 5 times. He keeps saying "by the end of the week". Nothing happens. 

This weekend I emailed to say if I don't receive the money by Wednesday, I will have to raise a formal dispute with the DPS. 

He is now saying he has 30 working days to return the deposit to me. He has shown me this is in the tenancy agreement. Is this even enforceable? 

What are my next steps? 

Slithery

Claim it all back from the DPS, I'd have done it the day after I moved out.

MaryNB

It's 10 days once the amount to be returned has been agreed. Ignore the 30 days in the tenancy agreement, that's not what the law says. He's missed the deadline. Claim it via DPS as Slithery has said above.

ChloeManoey

The trouble is, he is using the insurance scheme so he is holding the money in his own account. Therefore there is no way to request the money back via MyDeposits. The only option I have is to raise a formal dispute. 

I'm beginning to think he doesn't actually have my money anymore and that's why he is stalling. What happens then? It looks complicated and the deposit scheme won't always pay out

Is there something concrete that says the 30 days in the contract is not enforceable?

MaryNB

https://www.gov.uk/tenancy-deposit-protection 
Since he confirmed on the 23rd of August that he would return the full amount, the 10 day limit applies. 

What do you mean by the insurance scheme? It is in any of the three tenancy deposit schemes? 

ETA:
If he hasn't protected your deposit you can take him to court and they can make him pay up to 3x the deposit. 
Check the three schemes:
https://www.gov.uk/tenancy-deposit-protection/if-your-landlord-doesnt-protect-your-deposit

greatcrested

MaryNB said:

What do you mean by the insurance scheme? It is in any of the three tenancy deposit schemes?

One of the schemes is insurance based. The LLkeeps the money, the protection scheme 'insures' it.

https://www.tenancydepositscheme.com/

You choose between Insured Protection (you hold the deposit) and Custodial Protection (we hold the deposit).

ChloeManoey

MaryNB said:

https://www.gov.uk/tenancy-deposit-protection 
Since he confirmed on the 23rd of August that he would return the full amount, the 10 day limit applies. 

What do you mean by the insurance scheme? It is in any of the three tenancy deposit schemes? 

ETA:
If he hasn't protected your deposit you can take him to court and they can make him pay up to 3x the deposit. 
Check the three schemes:
https://www.gov.uk/tenancy-deposit-protection/if-your-landlord-doesnt-protect-your-deposit

It is protected with MyDeposits, but it's under the insurance scheme rather than the custodial scheme. Basically he has my deposit money in his account rather than them holding it. 

I sent him that link last night and told him "it is not one month, it is 10 days". 

He replied to say "you're right, it's not one month it is 30 working days" 

He's being deliberately obstructive  

MaryNB

greatcrested said:

MaryNB said:

What do you mean by the insurance scheme? It is in any of the three tenancy deposit schemes?

One of the schemes is insurance based. The LLkeeps the money, the protection scheme 'insures' it.

https://www.tenancydepositscheme.com/

Thanks! Wasn't familiar with that.

greatcrested

Raise a dispute. What elase do you want us to say?

ChloeManoey

That's why I'm thinking he has spent the money and doesn't actually have it. Otherwise I'm not sure why he is being so difficult? 

hazyjo

ChloeManoey said:

That's why I'm thinking he has spent the money and doesn't actually have it. Otherwise I'm not sure why he is being so difficult? 

Forget that, do as advised several times