Getting your Deposit back

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    Getting your Deposit back

    Does anyone kow the legal length of time the landlord can take to give you your deposit back? I'm in a protection scheme, and I am sure its ten days, the landlord has told me 2 to 3 weeks. If I go round the house with them on my final day to check everything is ok, shouldn't they give it to me there and then? Thanks

    #2
    Originally posted by Tennant176 View Post
    Does anyone kow the legal length of time the landlord can take to give you your deposit back? I'm in a protection scheme, and I am sure its ten days, the landlord has told me 2 to 3 weeks. If I go round the house with them on my final day to check everything is ok, shouldn't they give it to me there and then? Thanks

    2-3 weeks is not un-reasonable.
    Plus the deposit could be protected with DPS, in which case the LL wouldn't actually be holding the deposit.

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      #3
      Thanks for your help, I'm amazed by that though. I feel that it should be given back on the day you leave, as long as you and your landlord both agree there is no repairs or anything needed. Its a lot of money and makes it difficult to put a deposit down on a new house. Very unfair I feel. It seems there is so much stacked against tennents who just wish to live normally, cause no trouble and be treated fairly. I really appreciate your help, thanks

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        #4
        Originally posted by Tennant176 View Post
        Thanks for your help, I'm amazed by that though. I feel that it should be given back on the day you leave, as long as you and your landlord both agree there is no repairs or anything needed. Its a lot of money and makes it difficult to put a deposit down on a new house. Very unfair I feel. It seems there is so much stacked against tennents who just wish to live normally, cause no trouble and be treated fairly. I really appreciate your help, thanks
        But do you know if the LL is holding your deposit? Or is it protected with DPS? In which case it is not up to the LL to return it to you, it will be returned to you directly by DPS and it would take a couple of weeks. The T and LL would have to agree to the return.

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          #5
          Originally posted by Tennant176 View Post
          Thanks for your help, I'm amazed by that though. I feel that it should be given back on the day you leave, as long as you and your landlord both agree there is no repairs or anything needed. Its a lot of money and makes it difficult to put a deposit down on a new house. Very unfair I feel. It seems there is so much stacked against tennents who just wish to live normally, cause no trouble and be treated fairly. I really appreciate your help, thanks
          I appreciate what you are saying about your cash-flow as one tenancy ends and you try to organise another.

          If you have been a good tenant and got on well with your LL during the tenancy, why not contact him/her and ask whether it would be possible for the deposit money to be repaid earlier than the usual 10-20 days, assuming no disputes over the inventory, etc? It's worth a try.

          Good luck,
          'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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            #6
            It is protected, but in my letter it states that after I have left the property the money will be held by the letting agent (also my landlord who is manager) as they are stakeholder, doesn't make sense to me! It says I will have an initiel seeing out appointment on my final day, then after that the landlord will go round and check it to decide if anythign needs doing. I think this should be all done at once with me present, and if they ahve the money themselves I don't see why they can't return it. I'm so baffled! Thankyou for your advice, I've emailed him to see whats going on.

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              #7
              Originally posted by Tennant176 View Post
              It is protected, but in my letter it states that after I have left the property the money will be held by the letting agent (also my landlord who is manager) as they are stakeholder, doesn't make sense to me! It says I will have an initiel seeing out appointment on my final day, then after that the landlord will go round and check it to decide if anythign needs doing. I think this should be all done at once with me present, and if they ahve the money themselves I don't see why they can't return it. I'm so baffled! Thankyou for your advice, I've emailed him to see whats going on.
              Yes, you do have the right to be present at the check-out inventory so that any disputes may be raised there and then. It's not OK for LL to 'go in afterwards'! If he does not trust LA to conduct check-out properly/fully, then he should do it himself. You cannot be held responsible for any damage done after your move-out - but LL could make up any old nonsense, couldn't he?

              Make it clear to LA that you want the inventory check to be final and LL there if nec.

              If LL/A try to say you owe them for thimgs you think are unfair, then dispute it and let the schme adjudicator arbitrate. (It's free). It might delay the return of the money a little but they are ususally fair and may save you from being fleeced.
              'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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                #8
                Thankyou so much for your responses, I thought it seemed unfair, and I have now emailed him and asked that that final appointment be the time for us to talk about any problems with the property etc, and that I don't think its fair to have that appointment mean nothing. I don't understand how they get to keep the deposit after i've left either, it says they hold it as they are stakeholders (in what?!) and will return 2-3 weeks later, I really think this is strange.

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                  #9
                  A stakeholder is a 3rd party surely, not one of the 2 parties involved? It seems as if they haven't entered me in the scheme which they told me they had, if they consider themsleves to be the 3rd party - so to speak?

                  Comment


                    #10
                    Thinking about it and I think the confusing factor is the fact that the landlord is also the manager of the letting agency, so it seems to me they are one and the same, definite conflict of interest, its a very small office.

                    Comment


                      #11
                      No, its not a conflict of interest. An Agent works for the Landlord not the tenant.

                      I don't think there's any legal right for the tenant to be present at the check out, though it can help if they are. The converse of the 'LL could make up any old nonsense' by doing the check after the tenant has moved out is a LL or Agent trying to do a proper check when tenant(s) are hanging around, moving stuff, getting in the way, distracting you etc etc.

                      Although we always let tenants be present if they want to we have missed serious stuff previously which has cost us a great deal of money. We had one lot of tenants who had their bags strategically placed on the kitchen floor throughout the checkout. We only noticed the deep gouges in the floor when we'd all signed the checkout inventory and they picked up their bags and departed. Obviously we had to bear the cost of that ourselves.

                      Comment


                        #12
                        Originally posted by p_cas View Post
                        No, its not a conflict of interest. An Agent works for the Landlord not the tenant.

                        I don't think there's any legal right for the tenant to be present at the check out, though it can help if they are. The converse of the 'LL could make up any old nonsense' by doing the check after the tenant has moved out is a LL or Agent trying to do a proper check when tenant(s) are hanging around, moving stuff, getting in the way, distracting you etc etc.

                        Although we always let tenants be present if they want to we have missed serious stuff previously which has cost us a great deal of money. We had one lot of tenants who had their bags strategically placed on the kitchen floor throughout the checkout. We only noticed the deep gouges in the floor when we'd all signed the checkout inventory and they picked up their bags and departed. Obviously we had to bear the cost of that ourselves.
                        Tenancies usually end at the latest by noon on the day of departure; some Ts move their stuff out a day or so, before. LA/LL need to arrange check-out inventory and meter readings at a point convenient to all concerned, when property is empty of T's belongings. The move-out day is often convenient but after stuff has been removed.

                        I agree, it is difficult to conduct an check if T's stuff is everywhere, but you don't have to do it as they are moving out. In the interests of fairness there should be no reason why T shoud not be present for the inventory check out and why it cannot be booked in advance - everyone knows the date, don't they?
                        'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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