How best to get the deposit back after end of tenancy?

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    How best to get the deposit back after end of tenancy?

    Hello and Merry Xmas to everyone,

    I have recently moved out at the end of my tenancy from my rented flat and I am having trouble getting my deposit back. The deposit is secured with DPS and I have even initiated the deposit repayment process from my account with DPS- but the landlord has not responded to the said request.

    The tenancy had been arranged by a letting agency and managed by the father of the landlord ( I have no contact information of the landlord other than an address). The check out report was all clear and there were no reasons for any deductions from the deposit.

    The agency has been in touch with me until last Thursday, after which they are off until the 2nd. The last email that I received from them was that the landlord has instructed DPS to repay my deposit back- this obviously is a fib as I had not received any notification from DPS regarding the same.

    It has been exactly 2 weeks today since I have moved out and I was wondering what steps I can take to get my deposit back as soon as possible.
    I have had quite experience of dealing with the landlord and the agency with regards to this tenancy and I have found them to be extremely unprofessional.

    I have read on some of websites that the landlord is required to repay the deposit within 10 days of agreeing to pay it. But how to ascertain what construes as "agreeing to pay it"?

    Any advice or suggestion would be very much appreciated.
    Thanks
    AY

    #2
    If the landlord is slow there's not really much you can do (it's an unfortunate "feature" of the system if the landlord protects the deposit).
    If the deposit is in a custodial scheme, all the landlord has to do is login and select a menu option, if the deposit is insured it's a little more complicated.

    There is a process to get the money back if the landlord flatly refuses to do anything at all, but it's slow.

    You could threaten to sue them for it or even do that, but that has a cost and, again isn't quick.

    And it's Christmas.
    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


      #3
      2 weeks since you left but when was the expiry of the tenancy agreement?

      Don't assume that the DPS handle things competently either - there are reports on this forum recently of them never answering the phone or responding.

      Comment


        #4
        Hello,

        Thanks for taking the time to answer my queries.

        The tenancy end date was the same date I moved out of the flat. I had ended the tenancy early by invoking the break clause and giving the 2 months notice. Everything was done by the book and the same was acknowledged by the landlord as well as the letting agency who also secured the new tenant.

        The check out inspection was carried out on the 11th Dec and the final report was received by myself and the landlord on the evening of the 12th.

        Is there anything I can do from end to nudge the landlord in repaying my deposit sooner rather than later?
        In my tenancy agreement as well it is written that the deposit will be repayed within 10 days of the landlord agreeing to pay it. But 10 days from when?

        I have had issues with this tenancy and the landlord and I hoping to put this behind me - therefore I would prefer to avoid strong legal action unless I have to as it could turn quite acrimonious.

        Thanks
        AY

        Comment


          #5
          All power is on your side in reality and LL has almost none -- so don't be too anxious yet and have a happy Xmas.

          Some things just take time and some people are sloppy too. For example your AST may say that you owe Council Tax, and that deposit might be used to correct any problems with that - since CT folk can chase LL, LL may want to check that nothing is owing - and that can take time.

          Wait another few days then write to L and agent, then a few days later raise a dispute. Has the property been re-advertised?

          Comment


            #6
            As an aside - looking at the last thread of yours - who is the named LL on the tenancy agreement? From what you said before the agent is neither the LL nor acting for the LL (it was a let only arrangement), so was not entitled to accept your notice (bearing in mind too the other complexities such as the overseas status of LL probably).

            Are you sure LL actually knows you have left?

            Comment


              #7
              Hello,

              After taking stock of all the responses I got on my previous thread- I had an addendum signed and attached to the my original tenancy agreement wherein it was clearly mentioned that all communication with regards to the said flat was to be made to the letting agency and the father of the landlord.
              I also got confirmation in writing that the landlord is indeed an UK resident and hence rent had to be paid without deducting any tax.

              The moving out notice was sent to both the letting agents and the landlords father - both of whom acknowledged the said notice. The property has been let before I moved out.

              With regards to any bill pending, I have closed/transferred all my accounts associated with the said flat and anyway I have given my new address to the agents and landlord in case something comes in post so that I can take care of that.

              I have individually rented 3 flat previously and in all of these I got my deposit back within a week of moving out.

              Also, the deposit is over 2 grand and even though I am not in any financial need for it immediately- I would feel much more assured once it is in my account. I do wonder how other people on limited means afford to pay a new deposit while their previous deposit is stuck for no fault of their own.

              Thanks
              AY

              Comment


                #8
                I probably would not pay a deposit back in full given the current rules until I had written confirmation from the Council that nothing was owing (from me). Too many times burned. On your last paragraph I agree - though I would be unlikely to accept a tenant who could not afford to be £2K out of pocket for a few weeks. I am no longer taking deposits however at all, and charging higher rents instead.

                I don't think you have too much to worry about here, at least at the 14 day time-point.

                Comment


                  #9
                  Originally posted by AndrewDod View Post
                  though I would be unlikely to accept a tenant who could not afford to be £2K out of pocket for a few weeks
                  The government seems to have concluded that enough people would not be able to afford this that addressing it is part of their legislative programme (lifetime deposits).

                  Comment


                    #10
                    Originally posted by leaseholder64 View Post

                    The government seems to have concluded that enough people would not be able to afford this that addressing it is part of their legislative programme (lifetime deposits).
                    Yes, even Boris can produce daft ideas. But until we have a police state, people in business are not going to be forced by government to take on risk they deem as too high. No one can force me to take on a tenant where I think the risk is too high. One way or the other, the only people who pay for this meddling are decent tenants (and some landlords who don't know what they are doing) -- and soon there won't be any availability of property for AST letting (especially to the less financially stable).

                    The real problem underlying everything is that property prices are too high and interest rates are too low - and until this is addressed no amount of tinkering, obstructing of contracts (and allowing folk to get away with theft) will make matters better.

                    Comment

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