Rental deposit not paid back

Underhay

My daughter left her flat over 6 weeks ago, after a month she was told she will get back all except £185 which she accepted (without checking if it was a valid amount).

I noticed from the gov.uk site that it should be paid back within 10 days (not working days), now after 11 days money still not been returned, and she has been told it might be done 'tomorrow'. Where do she stand legally?

Browntoa

Probably something to do with the fact that nobody's been at work since Thursday ( 4 days ago )

RAS

She needs to go to the web-site operated by the scheme where her deposit is held and claim the whole lot back today.

If the LL wants to deduct, they then have to make that claim but the rest is returned to her. Once she knows what claim the LL is making, she can accept or challenge.

The basics are:

The property should be left in the same state in which she took it on, subject to fair wear and tear. She should have both the incoming inventory and her own photos of the property when she left, so know what's what. And LL will need similar evidence to back any deductions.

So a carpet that was brand new and now looks like it's been down a couple of years, after 2 years, is not a reason for the LL to deduct the price of a new carpet. An OP here admitted to an iron burn in one corner of a carpet and the LL tried to claim to re-carpet the whole room. The scheme deducted a fraction of the amount claimed.

Similarly, leaving a bin of beans in the cupboard does not justify a £50 deduction for waste disposal.

Slithery

Underhay said:

I noticed from the gov.uk site that it should be paid back within 10 days (not working days)

The key word there is should (not must).
When did she put in her claim for the full return of the deposit from the relevant scheme? I've always done this the day after my tenancy has ended.

Ellie_Phant_619

There is no set limit on time, 10 days is a ball park figure.

Underhay

Thank you for your comments.
Things that I did not state above is: I have spoken to someone last week who had the deposit money. Also the flat which she had moved out went on for sale straight away. And we made sure that the flat was cleaner than when she moved in. Also the money was in a scheme.

Slithery

Underhay said:

Also the flat which she had moved out went on for sale straight away.

Irrelevant.

Underhay said:

And we made sure that the flat was cleaner than when she moved in.

Is cleaning one of the things that the LL is claiming deductions for?

Underhay said:

Also the money was in a scheme.

Good. What discord has she had with them about the proposed deductions?

Underhay

From Gov.UK: The deposit must be returned to your tenants within 10 days of you both agreeing how much they’ll get back.
for anyone having the same issue, sorry if I above incorrectly put 'should'.
Yes cleaning was one of the things which was included in deductions. But as there was a month gone by before she was told of the deductions, and she needed the money, the pressure was to much for her so she agreed to the total. 

canaldumidi

RAS said:

She needs to go to the web-site operated by the scheme where her deposit is held and claim the whole lot back today.

done yet....?