Part of deposit not protected

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    Part of deposit not protected

    Hi all,

    Last December we entered into an AST (initial 6 month fixed term) and paid a deposit of £900, which included a £200 pet deposit for our dog. This full £900 was put into the a deposit protection scheme.

    Towards the end of January we wished to get another dog, and asked the landlord's position. He granted us permission but required an additional £250 pet deposit, reasoning that two dogs are more likely to cause damage than one. We obliged and paid this deposit.

    We have now ended our tenancy (due notice was given) and wish to initiate the return of our deposit, however, upon trying to do this online we have discovered that the landlord only added the additional £250 to the deposit immediately before the end of our tenancy. This means the DPS will not allow us to request our deposit back until mid-August (following a 30 day window).

    This is obviously incredibly frustrating, as we wanted to start the ball rolling as soon as possible, given our landlord keeps 'inventing' new issues with the property which were not identified at the check out inspection, as so is likely to attempt to keep an element of our deposit.

    Do we have any recourse here to speed up the return of the deposit?

    Thanks in advance

    #2
    Originally posted by coppernob View Post
    This means the DPS will not allow us to request our deposit back until mid-August (following a 30 day window).

    ....

    Do we have any recourse here to speed up the return of the deposit?
    This came up before and I had the same question then. On what legal basis does the DPS have with having a 30 days you can't do anything with this deposit waiting period. Someone really need to ask them that.
    I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

    I do not answer questions through private messages which should be posted publicly on the forum.

    Comment


      #3
      Originally posted by KTC View Post

      This came up before and I had the same question then. On what legal basis does the DPS have with having a 30 days you can't do anything with this deposit waiting period. Someone really need to ask them that.
      What's strange in this particular instance is that we cannot ask for the return of any of the amount (£1,150), despite £900 of it having been there since December!

      Comment


        #4
        Did your dogs leave any deposits though?

        Comment


          #5
          Originally posted by coppernob View Post
          Do we have any recourse here to speed up the return of the deposit?
          If the landlord received a deposit in connection with your tenancy in January, they were obliged to protect it within 30 days of receipt.
          If they didn't, you can sue them for a penalty.
          Which might be more useful as a threat if the landlord is making dubious claims than in practice.

          I don't know how to speed up the return of the deposit, it's a DPS policy.
          When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
          Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

          Comment


            #6
            Originally posted by jpkeates View Post
            If the landlord received a deposit in connection with your tenancy in January, they were obliged to protect it within 30 days of receipt.
            If they didn't, you can sue them for a penalty.
            Which might be more useful as a threat if the landlord is making dubious claims than in practice.

            I don't know how to speed up the return of the deposit, it's a DPS policy.
            Thanks. I thought this was the case but given the slightly unusual nature of the additional deposit I wasn't 100% certain.

            Would this apply to the full deposit or only the additional £250?

            Re: the DPS, we have managed to get through to someone there who has advised us that if the LL calls them and admits he paid the deposit late, then they can remove the 30 day restriction - I won't hold my breath!

            Comment


              #7
              It would apply to the £250 as far as I can figure it out.

              I would suggest that the landlord might be incentivised to make the call if you suggest that that might make you feel more inclined not to bother to pursue the penalty issue.
              When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
              Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

              Comment


                #8
                Is such a claim simple enough to submit ourselves, or would we need to engage a solicitor?

                Whilst I'd much rather it didn't come to it and our deposit was just returned to us, I suppose I'd need to be prepared to actually go through with it for the threat to be effective.

                Comment


                  #9
                  A claim requires you use the full County Court process, not the small claims one. The full process is not litigants in person friendly.

                  Comment


                    #10
                    DPS will have to write to write to LL to confirm end of T This may account for their 30 day Rule?
                    DPS protects your deposit, but it is not an easy access bank account. Ts can make a Single Claim for deposit 2 months after end of T, if not forthcoming from LL.

                    Comment


                      #11
                      Tell the landlord that if he repays you the deposit in full from his own funds, you will agree to him retaining the full deposit that's in the DPS account. It shouldn't be beyond his means to front fund this for 30 days.

                      Comment

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