Moved out - deposit return?

NotReallyNorthern

Hi!
This is my first post here! I have a question regarding the return of deposit after tenancy ends.
So... My tenancy ended 5th December (it was an assured shorthold tenancy from 2017, for six months, then it rolled over to now). The landlord's partner inspected the property and commented that the oven wasn't upto the expected level of cleanliness. (I didn't get it professionally cleaned but I would think it acceptable for the landlord to take money from my deposit to cover that cost, which would be around 10% of the cost of my deposit based on recent quotes I have had).
(The cleaning of the oven was the only thing my landlord took issue with.)
Since that interaction, all I have heard is that they would be sorting out the deposit "this week", and that was a week ago. 🤷‍♀️
I contacted them again on Sunday to see if they had decided how much to return to me, but haven't heard back.
How long does the landlord have to either return the deposit or to raise queries for the amount in question?

Also, a few weeks ago, I asked my landlord to confirm where the deposit was protected (as I have searched through those online checkers, but couldn't find my deposit). They did not comment on that. 🤔

What advice would you be able to give me for querying where the deposit was protected? 

I understand it's Christmas, and we are all busy, but my deposit would sure come in handy right now... 🙄

What actions would you suggest I take regarding the return of my deposit?
Thanks in advance for any help 😊

iampetesmith

When we left our rental, they whinged about the cleanliness of the oven, which then offended the wife because she'd cleaned it but oh well must be a common thing.

In my experience, I knew from the start that the deposit was held with DPS as it was all in the paperwork we had when we started the tenancy. I created an account with them and could login to start the claim back, and it showed me in there that the landlord had deducted £100 for the removal of some furniture (which he'd told us to leave, but that's another story). It then just gave the option to accept it and claim it back or dispute it.

Did you have much paperwork when you started the tenancy and is it definitely not mentioned in there? Also, did you deal directly with the landlord or a letting agency? The letting agency might be able to help if you used one. I think your main thing is finding out if it was protected and where, then it will be a case of logging into it and claiming.

Some other people might jump on here soon with advice for what's best if the landlord hasn't protected it or if you can't find out where it's protected.

NotReallyNorthern

Thanks for your reply!
What is it about ovens?!? 🙈
I will have another search for the paperwork tomorrow and double check. From the top of my head there was nothing about the DPS. Although my deposit hasn't come up in the searches I have done on the checkers, could it be possible that my landlord has the deposit in an insurance based scheme instead? 
I understand my landlord has had trouble with tenants not paying rent or bills in the past, and bringing dogs in when that wasn't allowed. My landlord and I have had a positive relationship, but any feelings of warmth were extinguished when they increased the rent in the middle of the pandemic. Nice. I still never missed a penny. I was golden. 👌 But I still want to leave on amicable terms 🤷‍♀️

moneysavinghero

Your landlord should have provided you with written confirmation of where your deposit was protected when you took out the tenancy. The fact that it appears they didn't do this (unless you forgot), and the unwillingness to provide this information to you now, suggests that they may not have actually protected your deposit. This would be illegal. If this is the case then you would be entitled to make a claim for compensation and you could receive 3 x your deposit:
https://england.shelter.org.uk/housing_advice/tenancy_deposits/how_to_make_a_tenancy_deposit_compensation_claim

NotReallyNorthern

Thanks, @moneysavinghero, I agree it does sound a bit dodgy, the radio silence...

TripleH

Do you live in the property still? If not don't worry about upsetting the landlord. He runs a business, he is not your friend. (Doesn't mean either side can't be friendly). Ask him politely to confirm in 5 working days (don't count weekends or bank holidays)
1. What scheme the deposit was registered in and evidence it was protected 
2. When you will get it back
If they have taken deductions without providing any evidence of which scheme it is in, come back for advice. If they don't respond, send a polite but firm letter asking for return of your deposit in full in another 10 working days (get proof of postage).

greatcrested

1) check all 3 deposit schemes to see if your deposit is or is not protected

2) check your paperwork/think back - did you receive the 'Prescrbed Information' about the protection from the landlord within 30 days of paying

3) if either 1) or 2) is "No", then contact the landlord and advise him you are entitled to claim 3 times the deposit as penalty, in addition to the deposit itself.

Chances are he'll prefer to just return your deposit asap. You can then decide whether to pursue him further, or walk away happy.

Read:

Post 3: Deposits: Payment, Protection and Return.

NotReallyNorthern

Hi again! Happy new year (and lockdown...)

Just an update, I have contacted all three of the deposit schemes and it turns out none of them have bee protecting my deposit, isn't that just great?

I think my next steps will be to contact my landlord again, and if they delay more, to bring up the fact that my deposit hasn't been protected... And explain that they should have done? Would you say I should contact the CAB to get advice?

Hope you're well, staying safe!

[Deleted User]

NotReallyNorthern said:

Hi again! Happy new year (and lockdown...)

Just an update, I have contacted all three of the deposit schemes and it turns out none of them have bee protecting my deposit, isn't that just great?

I think my next steps will be to contact my landlord again, and if they delay more, to bring up the fact that my deposit hasn't been protected... And explain that they should have done? Would you say I should contact the CAB to get advice?

Hope you're well, staying safe!

I think you should follow the advice given in the link posted by @greatcrested and send your landlord a letter before action. You may even want to think about suing for non protection. 

NotReallyNorthern

Just wanted to give an update on the situation: after over a month of trying to ring my old landlord, she was adamant that the kitchen was in an unacceptable state. She also complained that I didn't agree to sign six month fixed term contracts with the agent (which I did agree to do on one occasion). Last time I checked, it's not a legal requirement to keep signing after the initial 6 months are up.
She also openly admitted she didn't protect it, I am in the process of sending a letter explaining that I will be moving things forward.

I do have a question though...
Seeing as the deposit was not protected in a scheme, how long does the landlord have to claim for cleaning costs off the deposit? It's been almost 2 months since my tenancy ended and most schemes say that disputes should be raised within 10 days. Would that apply to this situation? I am worried that if I were to claim against them, they would just take it all back for "cleaning costs".

macman

Even if she were to retain the full deposit, you would be far better off with up to 3 times the deposit. Stop wasting time and send an LBA as advised 6 weeks ago. Your LL is an incompetent amateur. Most likely your deposit will magically appear within a few days of receipt of the LBA. There is no defence against non-protection, you will win, so point this out to her.
Why do so many people ignore deposit protection until it's time to move out?