Return of Tenant Deposit

AlwaysHappy

Hi there. Hoping for some advice. I rented a house out and the tenant negotiated a long term low rent for a 3 year contract, which she then 12 months early wanted to leave. She quoted work needed doing (which she had never raised - and it later became apparent that at the last inspection she had refused entry). I (through the letting agents) went back and said as much ie that i wasn't aware of anything. More than happy to sort out and would she stay. Same day she involved the council and her MP. Long story short i released her from the tenancy (27th October she left), and the house is in a right state so i wouldn't allow return of deposit. What i didn't realise is that she has to agree. I was told she was going to raise a claim with the dispute scheme. We are now over 3 months down the line and the letting agents don't know if claim made (they are going to chase her) but apparently if she doesn't i can't get the deposit back... is this right????? Seems totally crazy. They have over a dozen photos showing her negligence.... Feeling very frustrated.....

GDB2222

Which scheme?

GDB2222

Oh, and as a general comment, you could always agree with the tenant to split the deposit. If you want 100% they have no reason to agree. 

There are ways to get the money without the tenant agreeing, but it may be easier to accept 90% say.

AlwaysHappy

GDB2222 said:

Which scheme?

My deposits is what the agent said

AlwaysHappy

GDB2222 said:

Oh, and as a general comment, you could always agree with the tenant to split the deposit. If you want 100% they have no reason to agree. 

There are ways to get the money without the tenant agreeing, but it may be easier to accept 90% say.

Thanks.. you may be right. At the time I was so angry as let them out of the tenancy early and then found well over £1000 of damage (the deposit i think we are wrangling over is £450). 

GDB2222

Do you have the deposit certificate from the agent?

nyermen

AlwaysHappy said:

GDB2222 said:

Oh, and as a general comment, you could always agree with the tenant to split the deposit. If you want 100% they have no reason to agree. 

There are ways to get the money without the tenant agreeing, but it may be easier to accept 90% say.

Thanks.. you may be right. At the time I was so angry as let them out of the tenancy early and then found well over £1000 of damage (the deposit i think we are wrangling over is £450). 

There is a defined process for the deposit scheme.  By now, claims should have been made and then I believe the scheme look at the facts and make a decision.  If no response is received from a party, i thought there was a default judgement.  Surprised this hasn't happened, is there a backlog perhaps.  

As an aside, their potential liability to you isn't limited to the deposit though, you could take action to claim the remaining shortfall.  Of course, action has a cost, and the tenant may not have any money to go after.

AlwaysHappy

Thank you. The agent is unsure if she has made a claim ( she said she was) -  rang the agent as I was aware that a claim needed to be made within 3 months (which we are now past). 

AlwaysHappy

GDB2222 said:

Do you have the deposit certificate from the agent?

No I haven't . I was always on a fully managed service and as they took the photos etc when the tenant moved out said they would submit evidence re the deposit when requested. Should I ask for this?

penners324

You agent doesn't know? You/they can log in to find the status of the deposit 

saajan_12

AlwaysHappy said:

Thank you. The agent is unsure if she has made a claim ( she said she was) -  rang the agent as I was aware that a claim needed to be made within 3 months (which we are now past). 

Who is the 'she' in all this? Unsure if tenant made a claim requesting the deposit back? or Unsure if agent made a claim to retain the deposit? Log in or contact the deposit scheme to find out the status.