Haven’t been given my deposit back yet?

Amy32

Thank you for taking time to read this...

We recently left our rental to purchase a property. A week and half before we handed our keys back an estate agent came around to take pictures to put it up for sale. The landlord asked permission via the letting agent if they could come in prior to the end of our tenancy so they could get it up for sale quickly which we agreed with however was open with them that our belongings may not all be out. When they took the pictures the majority of our stuff was out but hadn’t had it cleaned at that point and hadn’t mowed the lawns etc. On receipt of these pictures the landlord immediately came back to letting agent and said she wasn’t happy with the gardens and that we hadn’t tidied them prior to the pictures being taken. Again we reminded them that we were still the tenants and they would be done before we left (which they have been). She made a comment that we had looked after the internal part of the house.

A few days after we handed our keys back in the letting agent asked if we had photographs from when we moved in as they had lost theirs, which i sent over. They said these were very helpful (unsure what this means). 

Today is day 10 and we haven’t heard back about our deposit, and I know according to mydeposits we should receive our deposit back by day 10 and/or have any disputes raised. 

I have looked at mydeposits website and it is unclear as to what to do next. I am wondering whether if she comes back in the coming days/weeks disputing anything do we have any legal footing in that she hasn’t raised anything in these 10 days? 

Just to add, when we moved in there was bullet points in our tenancy agreement of jobs that the landlord needed to complete on the house to improve its condition. None of these have been completed - she even sent us some bits in the post for one job to do it ourselves if we wanted them doing. We remained there for nearly 4 years and every time we had a “check” we raised the issues which in my opinion were a healthy and safety risk and the LL said they couldn’t afford to do them. 

At checkout the letting agent said she couldn’t see any reason why we wouldn’t get our deposit back and we’re happy with the house. 

Hasbeen

Is the email address you had when the landlord put your deposit in, still in use by you?

What does it say when you log into your account at My deposits?

Amy32

Hasbeen said:

Is the email address you had when the landlord put your deposit in, still in use by you?

What does it say when you log into your account at My deposits?

Yes the same email address, and I have been in contact with the letting agent. When they took our keys they said if they could have our bank details so they could transfer our deposit back which I gave. They messaged me at the beginning of the week to let me know the LL was in hospital and they would chase her but still haven’t heard anything. I don’t know if this changes things in terms of length of time allowed? 

I haven’t checked the deposit website as I didn’t actually know I could, but I’ll try and have a look. 

gingercordial

10 days is not law, it is a guideline as to when you'd be justified in starting a dispute if you have not heard anything back.

It took over two months for our last landlord to actually send us the money, even though there was nothing for them to claim, due to them being overseas and (apparently) hard for the letting agent to get hold of to agree things, then holidays, Christmas etc etc.  It was very frustrating and I did threaten to open a formal dispute.  However I have been down the dispute route before and once that has started the landlord will have 14 days to put forward any deposit requests with evidence, and then you will have the same to respond, and then the deposit scheme considers the position before making a decision, so it really isn't a quick process either.  If you can bear to chase them a bit longer before starting it you might get a faster result.

Amy32

gingercordial said:

10 days is not law, it is a guideline as to when you'd be justified in starting a dispute if you have not heard anything back.

It took over two months for our last landlord to actually send us the money, even though there was nothing for them to claim, due to them being overseas and (apparently) hard for the letting agent to get hold of to agree things, then holidays, Christmas etc etc.  It was very frustrating and I did threaten to open a formal dispute.  However I have been down the dispute route before and once that has started the landlord will have 14 days to put forward any deposit requests with evidence, and then you will have the same to respond, and then the deposit scheme considers the position before making a decision, so it really isn't a quick process either.  If you can bear to chase them a bit longer before starting it you might get a faster result.

Thank you. I certainly am not thinking about any kind of formal dispute yet as it is such early days. I was just wondering pretty much what you said really as to the “guidance” bit. 

dimbo61

Check on the mydeposits website to make sure your deposit has been protected and put in a claim for the return of the whole amount on monday.
Dispute any deductions as it's up to the Landlord to prove the condition of the property before you moved in and after you moved out !
You have supplied the photos of move in condition  
The LL is now selling and has not done any of the improvement works promised.
Did they do an EICR before you moved out ? Legal requirement since June 2020, EPC and GSC ?

Amy32

dimbo61 said:

Check on the mydeposits website to make sure your deposit has been protected and put in a claim for the return of the whole amount on monday.
Dispute any deductions as it's up to the Landlord to prove the condition of the property before you moved in and after you moved out !
You have supplied the photos of move in condition  
The LL is now selling and has not done any of the improvement works promised.
Did they do an EICR before you moved out ? Legal requirement since June 2020, EPC and GSC ?

What is an EICR? Definitely had a gas inspection annually but that is it. 

NQManchester

I believe after ten days you can request your deposit back rather than waiting for the landlord to return it.
If you have to dispute any of it then the timeframes quoted by mydeposit were never very accurate, it would say the landlord has two weeks to reply and then it’d take a month for me to find out their response.
We had to dispute the deductions but I didn’t get the last bit of deposit back for nearly four months in the end.

clare19811

Amy32 said:

dimbo61 said:

Check on the mydeposits website to make sure your deposit has been protected and put in a claim for the return of the whole amount on monday.
Dispute any deductions as it's up to the Landlord to prove the condition of the property before you moved in and after you moved out !
You have supplied the photos of move in condition  
The LL is now selling and has not done any of the improvement works promised.
Did they do an EICR before you moved out ? Legal requirement since June 2020, EPC and GSC ?

What is an EICR? Definitely had a gas inspection annually but that is it. 

EICR is an electrical safety check and was a legal requirement for new tenancies from 1st July 2020, landlords of existing tenants have until 1st April this year. https://www.gov.uk/government/publications/electrical-safety-standards-in-the-private-rented-sector-guidance-for-landlords-tenants-and-local-authorities/guide-for-landlords-electrical-safety-standards-in-the-private-rented-sector

rik111

You are too nice, I would have just told agent no and not sent the original photo's and then landlord could not make any deductions or dispute anything.
I would constantly be on lettings agents back until deposit was returned, don't let them fob you off with nonsense like the landlord is in hospital.

GDB2222

I suppose that it's just possible that the landlord really is in hospital?