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

zippygeorgeandben

Hello everyone,
I just wondered if there was a straightforward answer to my question in the title?  Someone told me 14 days, someone told me 21 days but maybe those more knowledgeable can help?
My AST agreement states PROCEDURE FOR RELEASING THE DEPOSIT AT THE END OF THE TENANCY 5.1. As soon as is practicable at the end of the Agreement, the Member should inform you whether any deductions are proposed. If there is no dispute, the Deposit will be allocated according to the deductions agreed. If agreement cannot be reached, any of the parties can refer the matter to the Tenancy Deposit Scheme for adjudication.
So do I just wait to hear? (Tenancy ended 28/02/21) 
Thanks everyone

[Deleted User]

There isn’t a prescribed timeframe. If you think it’s taking too long you can force the landlord’s hand by requesting the return of the full deposit from whichever scheme it’s registered with. 

greatcrested

That's less than 2 weeks, but did you write to the LL requesting it when the tenancy ended?

What did the landlord say regarding its return?

zippygeorgeandben

Thanks to the above posters.  I do want to pressure the LL as I think he will make unreasonable demands from the deposit.  I wrote to the agents with my bank details asking for the full deposit to be returned to me on 1/03.  My ex partner also confirmed via a separate email to the EA for the full amount to be paid back to me, as he was on the original tenancy.

grumiofoundation

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).

greatcrested

Apply via the deposit scheme using the relevant scheme's guidelines.

Whether the LL decides to claim deductions is a seperate issue to the timescales. Arguably, the longer he waits, the stronger your case to claim, for example, that damage or dirt he claims for was done after the tenancy ended.

Robbo66

Any deposit has to be returned with in 10 days of agreeing any deductions if any at all.

zippygeorgeandben

Thank you so much for this.  I still haven't heard anything regarding the deposit and Monday will be the 15th day since my tenancy ended.  I will look into how I apply via the deposit scheme (if anyone can point me in the right direction I'd appreciate it) - to give you some more info about who I am on MSE, my post is the sticky at the top of the loans so you'll see that I've tried really hard to become debt free. Thanks, once again.

zippygeorgeandben

To give you more info, my tenancy agreement states this
. THE TENANCY DEPOSIT 3.1. You will pay the Deposit to the Landlord or the Agent on or before signing this Agreement to be held as security for the performance of your obligations under the Agreement. 3.2. The Deposit is held by the Agent as Stakeholder. The Agent is a member of the Tenancy Deposit Scheme. 3.3. Any interest earned on the Deposit will belong to the Agent. 

zippygeorgeandben

grumiofoundation said:

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.

zippygeorgeandben

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.