Getting rental deposit back what timeline to expect

barrysmith2480

Hi all

My tennacy ended on the 11th of December and I actually gave my keys back on the 6th.  I had an email saying a checkout inventory was booked for the 12th. Ive sent several emails and spoke to letting agent on the phone who confirmed the checkout did indeed happen on the 12th but ive had nothing in terms of negotiation re the deposit.  I was wondering what the expected timeline for this usually is and when i should raise it with the DPS ? With it being Christmas i could really do with the return of the deposit ASAP as i never expected or planned to move at the time but was given notice after the house sold to non landlord. 

Any advice on how long is acceptable to wait would be great.

thanks  

GDB2222

Speak to the agents in the first place. It sounds like the landlord is being a bit slow. Bear in mind that, whilst the inventory clerk may have attended on the 12th, he still has to type his report, etc.

But, you could also simply make a claim of 100% of the deposit through DPS. There's no guarantee this will work, though it will help remind the landlords to deal with this. 

If both sides agree to go to adjudication through DPS, the process takes a few weeks. Better to resolve any differences between you.

Although the DPS have an adjudication service, as DPS say:
If either you or your landlord or letting agent decide they don’t want to use our free Dispute Resolution Service, the dispute will have to be resolved through the courts which can be costly and time consuming.

If it goes to court, you'll be lucky to get this resolved by Xmas 2022, I'm afraid. 
 

anselld

It depends on the extent of work needed, if quotations are needed for cleaning, damage, etc.  Even if not there is no guarantee of getting before Christmas and certainly not if it goes to dispute with DPS.

It was decent of you to move out voluntarily, but that unfortunately may not be reciprocated by the agent/landlord.

lookstraightahead

If you go on the DPS website I think you can ask for full deposit back. Then they have to react one way or the other.

The landlord/agent is very quick to take monies before you start renting, but tardy at the other end and there is no excuse for delay of their report etc in my opinion.

be proactive - it's you're money they have to prove otherwise in order to recoup anything.

canaldumidi

Timeline?

Much depends whether the LL plans to make deductions or not, how long it takes to get quotes for work, whether you plan to agree or dispute any deductions etc.

barrysmith2480

I would hope that since the landlord is selling the house and it was viewed only a month before i left by the buyer they saw it in its current condition so i see no point in getting quotes for work that simply isn't going to be done.  

I've logged into the mydeposit scheme and it says it takes 2 months to resolve a claim on avg , if i start the procedure through them but in the meantime the LL decides to actually respond then can we still resolve it ourselves or must we still it through with my deposits resolution service ?

dimbo61

The timeline is 10 working days from the end of your tenancy 
The LL and Lettings Agents should inform you before then of deductions they want to make from your deposit.
How long did you live in the property ?
Did the LL/LA carry out an Inventory with either photos or Video done which you have seen and signed plus been given a copy ?
Hopefully the LL is very happy that you have moved out so he can sell the property and returns the deposit ASAP.
Please come back to us if you don't receive your Full deposit back by the 24th.
Taking longer than 10 working days to sort the deposit by the  LL/LA is looked on badly by the deposit arbitration scheme

canaldumidi

barrysmith2480 said:

I would hope that since the landlord is selling the house and it was viewed only a month before i left by the buyer they saw it in its current condition so i see no point in getting quotes for work that simply isn't going to be done.  
..

This is a misconception that is repeatedly raised here.

Any proposed deduction must be based on reasonable realistic costs, so that might (not always) mean getting quotes for eg a repair.

Whether the LL is going to actually do the repair, or re-let the property in an unrepaired state, or sell the property as-is, is entirely irrelevant. The deduction is for the damage (or dirt or whatever), so the only two considerations are

1) is the tenant liable for the dirt or repair or missing item? and

2) is the amount being deducted reasonable?

What happens to the property post-tenancy is legally irrelevant.

But this is all hypothetical - why not wait and see if the deposit is returned or not, and if not returned in full, then decide whether you agree that you are liable or not and whether the amount is fair.

barrysmith2480

It's absolutely nothing to do with legally this and legally that , it's simply expecting a other human being to do the right thing to a family they turffed out right before Xmas. She's getting 220k it's simply money grabbing to want my 900 quid as a cherry on top. It's about doing the right thing. However I seriously doubt that will happen and it will be the same old story of another landlord picking fault in every tiny thing in another desperate attempt to line their pockets from people who are less fortunate and can't amass the wealth required to be in their shoes.

I'm sure I'll get flamed for saying that as often this forum seems more balanced to those that have than those that don't.

anselld

barrysmith2480 said:

It's absolutely nothing to do with legally this and legally that , it's simply expecting a other human being to do the right thing to a family they turffed out right before Xmas. She's getting 220k it's simply money grabbing to want my 900 quid as a cherry on top. It's about doing the right thing. However I seriously doubt that will happen and it will be the same old story of another landlord picking fault in every tiny thing in another desperate attempt to line their pockets from people who are less fortunate and can't amass the wealth required to be in their shoes.

I'm sure I'll get flamed for saying that as often this forum seems more balanced to those that have than those that don't.

The "right thing" if you have damaged something or not cleaned it is to pay a reasonable price for that.  The deposit scheme is there to see fair play on both sides.  Nobody will be cherry-picking your deposit.

GDB2222

Suppose that the place is absolutely filthy, just hypothetically, the landlord may have had to accept a very low price for the property. You won’t be asked to compensate the LL for the loss, but it is reasonable to pay the cost of cleaning. 

You didn’t need to leave before Xmas. Why did you?