Tenancy Deposit scheme & reasonable delay in returning deposit

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    Tenancy Deposit scheme & reasonable delay in returning deposit

    Hi
    I'd like your thoughts.

    Met with landlady and her grandmother today - who wears the trousers.

    I felt like I was being grilled and on trial as we are due to move out in next 2 weeks. I've had concerns for some time that mother/grandmother is holding our deposit as we have not been given details of deposit scheme where it should be held. "It's in the safe" or "my mother took care of it" all I get.

    Can you advise what is a reasonable time for return of deposit - and am I entitled to be present during "full inspection" and being as I paid in cash and it has "been taken out of account" can I expect to have cash in return?

    They say they will be using agent next time as any repairs or hassle is then through the agent.... Makes me feel like she has had hassle from us and late rent for last 23 months which is so far from reality!

    I guess you already realise I feel trouble is ahead!
    Thanks guys (and girls)

    #2
    The first thing you need to do is find out if your deposit is protected.

    Use the link below to find out, then follow the instructions given.

    http://england.shelter.org.uk/get_ad...es?src=hpban-s

    Comment


      #3
      I've checked all three organisations and none have a record of my tenancy or deposit.

      I asked direct question of landlady and she said her mother has it safe and sorts all that out - further concerns that our money has been given to a third party!

      The property will be handed back in the same or better condition than we took it over (yes I kn everyone says that - former residential lettings manageress) but I see trouble ahead due to the interference from at least 2 third parties.

      I have made enquiries with the county court but I gather I need t write to landlady before taking court action. Should I write before tenancy ends in 13 days?

      Thanks for your advices.

      Comment


        #4
        I cannot see any harm in you writing now... the deposit should all come your way if it wasn't protected. There are other potential consequences for the Landlord in question, but maybe you will be satisfied if your money is simply returned to you? Write, make sure you clearly state that the law has been broken and you are now positive the deposit wasn't protected, as is required... then request the entire deposit back. If you do not get a response in a certain time - then you will commence further action without notice... always good to say that it is an assured thing that the Landlord would lose any case that went before Court, not may lose.

        The sample letter at the website where Mrs Mug linked to should be easy enough to hack around for your purposes... go through the "My tenancy had ended" path to get to it.

        I'd certainly not like to receive it.

        Comment


          #5
          Having got some or all of your deposit back you then have up to 6 years since deposit should have been protected to sue for up to 3xdeposit.....
          I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

          Comment


            #6
            But isn't it nice to just get your deposit back in full then put any stresses behind you? Our courts are far too busy as it is :-(

            Comment


              #7
              They certainly are, but they are also extremely well paid for the service they provide. That service is to protect and serve the underdog in cases such as this. I'm certainly not of the blame and claim culture, i hate ambulance chasers as much as the next guy, but the proliferation of rogue landlords needs addressed particularly as we steadily progress towards a rental culture.
              Until landlords, professional or accidental, start to behave professionally and develop a customer service mentality, they will always be rogues. Run a tenancy in a business-like manner and they'll get more respect.
              I may be a housing professional but my views, thoughts, opinions, advice, criticisms or otherwise on this board are mine and are not representative of my company, colleagues, managers. I am here as an independent human being who simply wants to learn new stuff, share ideas and interact with like minded people.

              Comment


                #8
                Well, we've moved out! It took 5 weeks of humping boxes and furniture and a whole weekend of cleaning and gardening.

                We had to extend our tenancy notice by one week, however as a precaution, I stopped the bank transfer for the rent which was due and I work it out that we owe 16 days rent which as "it's safe in the safe" landlady can deduct it from our Bond. She hasn't mentioned that the bank transfer did not happen earlier in the month.

                I've researched and have come to the conclusion that the daily rate is: monthly rent x 12 /365.

                Gran is going to inspect and sort the bond. That 3 different people having some sort of control over our money!

                Comment


                  #9
                  Attaylori said "We had to extend our tenancy notice by one week,"

                  What exactly do you mean by this? Are you saying you stayed beyond the end of your tenancy expiry date by one week?

                  And you said in Post 3 "(yes I kn everyone says that - former residential lettings manageress)". Who is the former residential lettings manageress referred to?

                  pm
                  Before acting on forum advice, you may wish to consult an expert, someone who has all the relevant facts, and who accepts liability for their advice.

                  Comment


                    #10
                    Did you serve valid NTQ or just respond to LL Notice/Court Order?
                    By overstaying by 7 days past a rent due date LL is entitled to that T period rent in full, or if you stayed after expiry of your NTQ or a Court repo Order, then LL can charge mesne profit at 2x daily rent for period of overstay.
                    Any sight of your deposit or proposed deuctions yet?

                    Comment


                      #11
                      Attaylori said - We had to extend our tenancy notice by one week, however as a precaution, I stopped the bank transfer for the rent which was due and I work it out that we owe 16 days rent which as "it's safe in the safe" landlady can deduct it from our Bond."

                      Did you stay 7 days or 16 days beyond when the tenancy date expired? Can you be more specific with dates and times, when was your tenancy due to end, what date on the month? What date did you actually leave and return the keys?

                      pm
                      Before acting on forum advice, you may wish to consult an expert, someone who has all the relevant facts, and who accepts liability for their advice.

                      Comment


                        #12
                        i cleared it with my LL to extend past our agreed end of tenancy date by up to 7 days.

                        As LL seems to prefer communication via text message, this was requested and agreed by text.

                        We arranged to post keys back through letterbox. LL went to property yesterday but no sign of remainder of deposit or any messages to say whether or not she is happy with condition and cleanliness of property.

                        Comment


                          #13
                          Give her time, she only got the keys back yesterday and has approx 10 days to arranage move out inspection/notify you of proposed deductions or return undisputed deposit.
                          She allowed you to stay a week beyond your obligatory NTQ expiry. If the deposit was in a custodilal scheme it can take a few days for return.

                          Comment


                            #14
                            Thanks Mariner.
                            I gave notice of my intention to quit - I expect her to deduct the daily rate for the extra days.
                            My point is as said in my first post, she has not used the deposit scheme - it's in the control of her mother and the inspection is in the control of her grandmother.

                            My AST is between myself, partner and the landlady not these third parties.

                            Comment


                              #15
                              I'd look at the shelter website,
                              where they have a nice letter in MS Word format (I think) that you can send to a landlord that did not protect your deposit.

                              The website outlines your options and the letter is written in such a way that, even if you don't decide to proceed to punish the landlord,
                              it might reduce any delay in returning the deposit itself.
                              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

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