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how long can an agent hold a deposit?
HotPotato
Posts: 54 Forumite
My friends tenancy ended on 1st November 2021, and now 4th January they still have the deposit.
The last communication some weeks ago was that they were waiting to hear about the cost of some small damages to the property (which we believe was rented out very shortly after departure). We responded "we look forward to hearing from you in due course, and to seeing that the damages are legitimate and not general wear and tear." Since that, nothing.
The deposit is held with the tenancy deposit scheme. Given the amount of time thats passed can we bypass the agent, and just apply for the deposit to be returned in full? is there a maximum amount of time that they can keep it for?
The last communication some weeks ago was that they were waiting to hear about the cost of some small damages to the property (which we believe was rented out very shortly after departure). We responded "we look forward to hearing from you in due course, and to seeing that the damages are legitimate and not general wear and tear." Since that, nothing.
The deposit is held with the tenancy deposit scheme. Given the amount of time thats passed can we bypass the agent, and just apply for the deposit to be returned in full? is there a maximum amount of time that they can keep it for?
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Comments
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Yes. You should be able to open a dispute with whoever is holding the deposit. The landlord will be given the opportunity to respond to the dispute and you can then correspond about the dispute through that medium. If the landlord doesn't respond, the deposit will be refunded in full.HotPotato said:Given the amount of time thats passed can we bypass the agent, and just apply for the deposit to be returned in full? is there a maximum amount of time that they can keep it for?3 -
Are you able to request back the deposit from the deposit scheme?
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Request the full amount directly from the scheme. If the LL/agent dispute the return, they will need to outline the reason(s) why in a set time other you get it back by default - it's usually 10 days or something. Tell your friend to get on it now to get the clock started.1
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Incorrect, the agent/landlord has to return the deposit with 10 days of agreeing any deductions if any. If they are still waiting on quotes from contractors to then discuss deductions with you then no agreement has been reachedPRAISETHESUN said:Request the full amount directly from the scheme. If the LL/agent dispute the return, they will need to outline the reasonncorrect(s) why in a set time other you get it back by default - it's usually 10 days or something. Tell your friend to get on it now to get the clock started.0 -
Check the relevant deposit scheme's guidance to tenants, and follow the guidance to request the deposit return and/or raise a dispute.
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