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Does your deposit have to be released within a certain timeframe?

2

Comments

  • Why not just request full return via the deposit scheme it is held with? (Am assuming it was protected). 

    Did the agents (i.e. the landlord) reply? Was a checkout done?

    In every rental contract (not sure what legal bearing this really has...) we have had it has said tenancy deductions must be proposed within 10 days (either working or calendar). In the cases when the agents/landlord have not contacted us when this deadline is up we just request the full deposit back via the scheme (FYI the timescale given for TDS custodial - 30 days from request for landlord to respond, if no response will be returned in full. From point of agreement 10 days to payment).

    It seems that you can only request the payment from the TDS if there is a dispute.
    I have emailed the TDS tonight asking them to investigate.

    I am think this means your deposit is held in the TDS insured scheme? (You will be able to check) 
  • greatcrested
    greatcrested Posts: 5,925 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 13 March 2021 at 5:36PM

    https://www.tenancydepositscheme.com/learn-more/information-tds-lounge/faqs/

    If your deposit is protected with our Insured scheme (which means that your landlord or letting agent holds your deposit) and you have requested it back from them and 10 days have passed, you are able to raise a dispute via TDS. We will notify your landlord/letting agent of your claim and invite them to state what they are claiming for and give evidence to support it.




  • Thank you so much for the reply.
    Savings as of April 2023 Savings account - £26460.50(14474.88)Current account - £2140.24(4576.79)Total - £28600.74(19051.67) £1010 (£65pm CS/BS) £250 CS/BS/JS
  • Update
    I submitted the dispute and the LL now has 15 days to come back.  I don't agree that I have to wait a month to get a deposit back. 
    Savings as of April 2023 Savings account - £26460.50(14474.88)Current account - £2140.24(4576.79)Total - £28600.74(19051.67) £1010 (£65pm CS/BS) £250 CS/BS/JS
  • Robbo66
    Robbo66 Posts: 494 Forumite
    Fifth Anniversary 100 Posts Name Dropper
    Robbo66 said:
    Any deposit has to be returned with in 10 days of agreeing any deductions if any at all.
    Hi Robbo55 - cheers for the response. Where is that information from?  Just to substantiate it, cheers.
    Its in the legislation

    https://www.gov.uk/tenancy-deposit-protection
  • Hi Robbo, thanks for this - i see this bit
    At the end of your tenancy

    Your landlord must return your deposit within 10 days of you both agreeing how much you’ll get back. If you’re in a dispute with your landlord, then your deposit will be protected in the TDP scheme until the issue is sorted out.

    The thing is I haven't heard one thing from the EA or the LL since I gave my bank details for the full tenancy on the 1st March.  It's technically not a dispute, as I have not heard anything?  Does this slightly change it?

    Savings as of April 2023 Savings account - £26460.50(14474.88)Current account - £2140.24(4576.79)Total - £28600.74(19051.67) £1010 (£65pm CS/BS) £250 CS/BS/JS
  • Sotts
    Sotts Posts: 254 Forumite
    100 Posts Second Anniversary Name Dropper
    I moved out of my rental middle February as I'd purchased my own flat.  My tenancy doesn't end until 3rd april and the agent won't do the checkout until that date.   Assuming no issues, the landlord will then request return of the deposit through the DPS which takes 20 days 
  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    Hi Robbo, thanks for this - i see this bit
    At the end of your tenancy

    Your landlord must return your deposit within 10 days of you both agreeing how much you’ll get back. If you’re in a dispute with your landlord, then your deposit will be protected in the TDP scheme until the issue is sorted out.

    The thing is I haven't heard one thing from the EA or the LL since I gave my bank details for the full tenancy on the 1st March.  It's technically not a dispute, as I have not heard anything?  Does this slightly change it?

    Never mind the EA and landlord... Have you requested your deposit back from the protection scheme?
  • need_an_answer
    need_an_answer Posts: 2,812 Forumite
    Ninth Anniversary 1,000 Posts
    Robbo66 said:
    Robbo66 said:
    Any deposit has to be returned with in 10 days of agreeing any deductions if any at all.
    Hi Robbo55 - cheers for the response. Where is that information from?  Just to substantiate it, cheers.
    Its in the legislation

    https://www.gov.uk/tenancy-deposit-protection
    Whilst I  agree this is legislation...you didnt quote all of the passage

    Your landlord must return your deposit within 10 days of you both agreeing how much you’ll get back.

    If you’re in a dispute with your landlord, then your deposit will be protected in the TDP scheme until the issue is sorted out.


    A dispute between the tenant and the LL can lead  to a much longer time frame....as I know from experience.

    My DS moved from rented accommodation last june and the LL disputed via the holder of the deposit....My DS finally got full deposit back last week after it was successfully proved that the LL had no claim on it.

    10 days return the deposit if only if both parties are in agreement with the deductions proposed.

    in S 38 T 2 F 50
    out S 36 T 9 F 24 FF 4

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  • Thanks for your replies - I have requested the money from the TDS and he has until the 29th March to say whether he agrees or disagrees. 
    Savings as of April 2023 Savings account - £26460.50(14474.88)Current account - £2140.24(4576.79)Total - £28600.74(19051.67) £1010 (£65pm CS/BS) £250 CS/BS/JS
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