Questions about return of deposit via mydeposits

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    Questions about return of deposit via mydeposits

    Hi,

    We finished our student tenancy on 30/06/2020. I sent the mydeposits request for deposit refund template on 03/07/2020 for the return of £2800 and have heard nothing about the deposit from the landlord since.

    Question 1:

    Tomorrow it will have been 10 calendar days from submitting this request. According to the mydeposits website the landlord has 10 calendar days to respond to this request. According to my landlord, he has one calendar month. Who is correct?

    Question 2:

    To raise a dispute with mydeposits I need to select whether my landlord used "mydeposits custodial" or "mydeposits insurance". How can I tell which he used?


    Thank you.

    #2
    I dont think there is any hard and fast deadline with the deposit schemes but he should be able to sort it out in less than a month. What is he saying about the delay? Is he waiting for a check-out report from an inventory clerk or something like that? The more time that elapses the harder it will be for him to establish that any damage or dirt was caused by the tenants. See what the scheme says and keep pressing.

    Comment


      #3
      Hi,

      I signed a contract on 28/11/2019 and paid my deposit on 29/11/2019 for a student house along with 3 mates.

      I expected to hear back from the landlord with details of the deposit protection information within 30 days as per the law but did not.

      I queried the landlord on 03/07/2019 (3 days into our tenancy, or 7 months after paying the deposit) asking for the details of the DPS used and reference number. He said he'd do it next week. He did not get back to me, so 2 weeks later on 16/07/2019 I asked again, and he said a family emergency had tied him up.

      I'm wondering how much of a red flag this should raise? I've read there are protections for tenants in this case, but what do you recommend?

      Obviously, as I'm starting the tenancy I don't want to sour our relations as I've got to live here for a year, but I'm not willing to lose out on my deposit either!

      Thanks!

      Comment


        #4
        youve got your landlord on the back foot. he cant get rid of you and is liable to a fine. If it cannot be proven the deposit is protected why dont you suggest it be used toward the last months rent?

        Comment


          #5
          The landlord is obliged by law to protect the deposit.

          Not having protected it is actually probably good news for you.
          It's remarkably difficult to claim deductions from a deposit when you haven't protected it - which the landlord will realise at the end of the tenancy.

          You can (once you are safely not living there any longer) pursue the landlord for a penalty for not protecting the deposit.
          On the other hand, if the tenancy has been ok, there's probably no need to do that.
          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
            Did you pay rent at the same time? How was the deposit described - security deposit? Holding deposit? Was it more than a weeks rent?

            Comment


              #7
              Our first rent payment was on 01/07/2020. I'm not sure what the wording was, as I wasn't given a copy of the contract we signed. The deposit was equivalent to 1 month of rent (£385).

              ​​​​​

              Comment


                #8
                You have up to 6 years to sue the landlord for a penalty for failing to protect the deposit if you wish. I would suggest you wait till you've left if youre planning to sue. Now that the landlord knows youre aware of his failure to protect, I doubt he will try to withhold any funds unduly when you leave, but if he does, just remind him that he's in breach of the legislation and you are at liberty to demand the return of the deposit plus a penalty of up to three times its value.

                Comment


                  #9
                  Originally posted by oscarvl View Post

                  I queried the landlord on 03/07/2019 (3 days into our tenancy, or 7 months after paying the deposit) asking for the details of the DPS used and reference number. He said he'd do it next week. He did not get back to me, so 2 weeks later on 16/07/2019 I asked again, and he said a family emergency had tied him up.

                  Thanks!
                  I'm assuming you meant to write 2020 not 2019 - otherwise your post doesn't make sense.

                  suggest you pay more attention a C- for your first homework, must do better.

                  My views are my own - you may not agree with them. I tend say things as I see them and I don't do "political correctness". Just because we may not agree you can still buy me a pint lol

                  Comment


                    #10
                    Originally posted by oscarvl View Post
                    Our first rent payment was on 01/07/2020. I'm not sure what the wording was, as I wasn't given a copy of the contract we signed. The deposit was equivalent to 1 month of rent (£385).

                    ​​​​​
                    Was it £385 or what do you mean by "equivalent to"? Deposit is usually only £££_
                    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


                      #11
                      Originally posted by landlord-man View Post

                      I'm assuming you meant to write 2020 not 2019 - otherwise your post doesn't make sense.

                      suggest you pay more attention a C- for your first homework, must do better.
                      Yeah it was a typo, thanks for pointing that out.

                      Comment


                        #12
                        Originally posted by theartfullodger View Post

                        Was it £385 or what do you mean by "equivalent to"? Deposit is usually only £££_
                        The deposit was £385, the same as one month's rent.

                        Comment


                          #13
                          In the end, I got my whole deposit back without any quibbles aside from him first sending the incorrect amount to me at first. I think the attempt to delay was him being busy, as I know he has over 35 student properties.

                          Comment


                            #14
                            I have a tenant who only moved in to a property on August 1st - and since seeing a larger unit he wants to move to that one.

                            Simple enough?

                            OH NO - because his deposit was lodged with MyDeposits for under 30 days, he could not have his deposit back.

                            I had to find emails for senior people at MyDeposits to explain they cannot illegally keep his Deposit.

                            Finally got it back and now lodging for the new tenancy with DPS instead.

                            MyDeposits are a joke.
                            My views are my own - you may not agree with them. I tend say things as I see them and I don't do "political correctness". Just because we may not agree you can still buy me a pint lol

                            Comment


                              #15
                              I had a similar issue with DPS actually.

                              Comment

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