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Bankside

Deposit Not Returned

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Hi,

I'm hoping someone can help.

I moved out of my last rental three weeks ago and there was a check out completed. Since then I've not had any response to my requests for my deposit to be returned. The landlady has requested the estate agent deals with this - but I've heard nothing from them. (They did not manage the property)

I really do need the money and wondered if there is a time in which I can now demand it's return. It is being held in a deposit scheme.

Thanks in advance for any advice.

Bankside

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Hi,

I'm hoping someone can help.

I moved out of my last rental three weeks ago and there was a check out completed. Since then I've not had any response to my requests for my deposit to be returned. The landlady has requested the estate agent deals with this - but I've heard nothing from them. (They did not manage the property)

I really do need the money and wondered if there is a time in which I can now demand it's return. It is being held in a deposit scheme.

Thanks in advance for any advice.

Bankside

Is your deposit not held by the Deposit Protection Scheme?

http://www.direct.gov.uk/en/HomeAndCommunity/Privaterenting/Tenancies/DG_189120

Mine is and in fact I thought this was now compulsory for landlords (since 2007). You should be able to claim it back directly from the DPS, regardless of what your landlord does or doesn't do.

If your landlord has not placed your deposit in this scheme, I think they can be fined. It is worth checking up on this.

If the letting agent arranged your tenancy, they should know about this (even if they don't manage the property)

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Whether or not she wants the agents to deal with it is neither here nor there, the law is clear the deposit is the LL responsibility, its return is a matter between you and her, if she is ignoring you check that it was protected, you should have been informed of the scheme in which it was protected within 14days of the start of the tenancy-if not simply call each of the 3 schemes and check, if it is raise a dispute with them for the return of the deposit. If it's not apply to the small claims court for its return (https://www.moneyclaim.gov.uk/web/mcol/welcome). The LL has to prove reason for not returning it not the other way around.

Edit, reply to wrong poster

Edited by zebbedee

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Whether or not she wants the agents to deal with it is neither here nor there, the law is clear the deposit is the LL responsibility, its return is a matter between you and her, if she is ignoring you check that it was protected, you should have been informed of the scheme in which it was protected within 14days of the start of the tenancy-if not simply call each of the 3 schemes and check, if it is raise a dispute with them for the return of the deposit. If it's not apply to the small claims court for its return (https://www.moneyclaim.gov.uk/web/mcol/welcome). The LL has to prove reason for not returning it not the other way around.

Edit, reply to wrong poster

Thanks guys. I did speak to her a week ago and she promised to return the non disputed amounts - but I've received nothing.

I'll look at raising a dispute with the scheme. I'll keep you informed.

Thanks again

Bankside

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I moved out of my last rental three weeks ago and there was a check out completed. Since then I've not had any response to my requests for my deposit to be returned. The landlady has requested the estate agent deals with this - but I've heard nothing from them. (They did not manage the property)

It might be worth checking with DPS when your agent actually deposited the money with them.

See my thread on this.

Although the wording on the DPS letter to me lead me to believe my deposit had been with them since the beginning of my tenancy, I found out after speaking to DPS, that my letting agent had delayed depositing mine for nearly 6 months, until near the end of my tenancy.

So the DPS now tell me there is a delay of at least 28 days before they can start the process of doing a refund, because they can't start the process until it has been lodged with them for at least 28 days.

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  • 338 Brexit, House prices and Summer 2020

    1. 1. Including the effects Brexit, where do you think average UK house prices will be relative to now in June 2020?


      • down 5% +
      • down 2.5%
      • Even
      • up 2.5%
      • up 5%



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