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Return of Tenant Deposit

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Comments

  • canaldumidi
    canaldumidi Posts: 3,511 Forumite
    Tenth Anniversary 1,000 Posts Name Dropper Combo Breaker
    If the deposit does not cover the damage, small claims court.

  • You need to see what the status is of your tenant through the deposit scheme. You can't just keep money, it has to go to arbitration if both sides dont agree.

    do you have before and after photos showing the damage, receipts of anything you have in the property if you need to prove time things were bought (eg carpets), and are all the relevant gas / safety checks up to date? 
  • AlwaysHappy
    AlwaysHappy Posts: 1,506 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    saajan_12 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. 
    Sorry.. the "she" is the tenant. Initially the letting agent advised her that she could go through this process and the letting agent advised me that was what was going to happen. I have phoned to check status today and they are unaware as to whether tenant has put a claim in. (which if not would now be too late). I had assumed that the deposit would then be returned (to me) but clearly mistaken on that front. Unsure next step to take . Just want it over.
    I'm not a failure if I don't make it, I'm a success because I :tried!
  • canaldumidi
    canaldumidi Posts: 3,511 Forumite
    Tenth Anniversary 1,000 Posts Name Dropper Combo Breaker
    If the deposit does not cover the damage, small claims court.
    GDB2222 said:
    Which scheme?


    My deposits is what the agent said

    Have you a) checked and b) read the documentation?

  • AlwaysHappy
    AlwaysHappy Posts: 1,506 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    You need to see what the status is of your tenant through the deposit scheme. You can't just keep money, it has to go to arbitration if both sides dont agree.

    do you have before and after photos showing the damage, receipts of anything you have in the property if you need to prove time things were bought (eg carpets), and are all the relevant gas / safety checks up to date? 
    Yes I have got before and after pictures and yes all the relevant gas and other checks were up to date. She had decorated without permission and left all lurid colours (least of the problems), the bannister hanging off the wall, gouges out of all the walls and doors , a torn carpet and damage to the kitchen units. Off the top of my head.
    I'm not a failure if I don't make it, I'm a success because I :tried!
  • GDB2222
    GDB2222 Posts: 26,959 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    I have not used that scheme, but with DPS either party can make a unilateral application for the deposit. Can you do that? 

    As I said earlier, if you want the tenant to agree, you need to offer her something. If you insist on 100% , the tenant has no incentive to deal with it.

    If you are past the 3 months deadline, can you get anything at all? 
    No reliance should be placed on the above! Absolutely none, do you hear?
  • penners324
    penners324 Posts: 3,690 Forumite
    Seventh Anniversary 1,000 Posts Name Dropper
    You've been advised to claim the deposit through the online portal for My Deposit.....
  • saajan_12
    saajan_12 Posts: 5,778 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    saajan_12 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. 
    Sorry.. the "she" is the tenant. Initially the letting agent advised her that she could go through this process and the letting agent advised me that was what was going to happen. I have phoned to check status today and they are unaware as to whether tenant has put a claim in. (which if not would now be too late). I had assumed that the deposit would then be returned (to me) but clearly mistaken on that front. Unsure next step to take . Just want it over.
    Okay so just log in and YOU request the full deposit?
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