Rental/tenancy deposit question

Medulla

Medulla

Striker
Would appreciate some guidance from those in the know on renting and specifically legislation/rights over return of deposits.

Moved out of a rented place last month and had the checkout 16 days back - place had been professionally cleaned and I'd checked it all, few marks on the sofa but all seemed fine otherwise. Went round with the inventory clerk who seemed satisfied barring a couple of minor things (lightbulb out, batteries out of a remote, etc) that I was able to address.

Anyway, I've not heard a thing about my deposit since then, so I've called them up today and they say that nothing can happen until they receive some invoices as more cleaning and miscellaneous other stuff was needed which will likely lead to deductions (find this very surprising and will certainly be interested to see what they're claiming, but that is by the by!).

So is it correct that I can be held without my deposit being returned for this seemingly indefinite period while they fart on with invoices?? I read something about it needing to be returned within 10 days but it wasn't especially clear on 10 days after what.

Advice appreciated!
 


I don’t think it’s an infinite amount of time but my last deposit was held for nearly 2 months :evil:
They said similar things like cleaners (I set a copy of the cleaning invoice dated a few days before I moved out) then they said the paint in the under stairs cupboard :rolleyes: so I sent them a section highlighting the fair wear and tear section, then it moved onto the lighting in the garage not working, so I sent them an email of discussions between me and the maintenance company (dated when I first moved in) they were absolute wankers about the whole thing. Everything took about a week to get a reply and they kept blaming the landlord, but the landlord kept blaming them.

If I was still living near by I’d have went to their office as soon as they opened and sat there until they closed (or sorted the problem)

You’ve wound me up now :lol:
 
I've just checked the tenancy agreement and it says they will notify me of deductions 'as soon as is practicable'.

Is that normal or right? Is that just legal speak for 'as long as they f***ing like'?
 
they're trying to have your eyeballs out, like most private landlords will. when you did the inventory check out, the person should have okayed it, and that should have been that. unless you've left the place a tip, tell them to fuck off and refer to the wear and tear clause in your contract. also, hammer them every day for updates, demanding they hurry the fuck up.
 
Medulla said:
Aye, it is - no problem there.
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Log into deposit scheme account and request your deposit back in full. If landlord disagrees register complaint with deposit protection scheme. They always side with the tenant.

I'm a bastard landlord who has only once retained a deposit and that was towards rent arrears for someone I'd evicted.
 
Medulla said:
I've just checked the tenancy agreement and it says they will notify me of deductions 'as soon as is practicable'.

Is that normal or right? Is that just legal speak for 'as long as they f***ing like'?
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If they are making deductions they need to be providing evidence the work was required.

Did the checkout gadgey take ant photos while you were there?

Professional cleaners are generally dogshit mind, last flat I moved into had been professionally cleaned twice apparently, mould everywhere!
 
Slatz63 said:
Log into deposit scheme account and request your deposit back in full. If landlord disagrees register complaint with deposit protection scheme. They always side with the tenant.

I'm a bastard landlord who has only once retained a deposit and that was towards rent arrears for someone I'd evicted.
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I noticed that option in there when I logged on earlier - will that make the blindest bit of difference?
 
Pop said:
If they are making deductions they need to be providing evidence the work was required.

Did the checkout gadgey take ant photos while you were there?

Professional cleaners are generally dogshit mind, last flat I moved into had been professionally cleaned twice apparently, mould everywhere!
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Aye he took loads, which I've no problem with. But I asked him straight up about any issues at the end and all he could say was that there was a wooden tray missing!

Honestly, I checked the cleaner's work after the fact and even touched up a few bits they'd missed - it was in very good nick.

And it's not them providing evidence (which I will expect) but the timescale of this invoicing thing which I'm interested in. Surely it can't just go on for as long as it takes, with my deposit in limbo??

nyron4england said:
they're trying to have your eyeballs out, like most private landlords will. when you did the inventory check out, the person should have okayed it, and that should have been that. unless you've left the place a tip, tell them to fuck off and refer to the wear and tear clause in your contract. also, hammer them every day for updates, demanding they hurry the fuck up.
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Nah, it was far from a tip, it was spotless barring those blood stains.

I agree with the above by the way, I just want to know my rights so I can go back waving them in their stupid prick faces.
 
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Medulla said:
Aye he took loads, which I've no problem with. But I asked him straight up about any issues at the end and all he could say was that there was a wooden tray missing!

Honestly, I checked the cleaner's work after the fact and even touched up a few bits they'd missed - it was in very good nick.

And it's not them providing evidence (which I will expect) but the timescale of this invoicing thing which I'm interested in. Surely it can't just go on for as long as it takes, with my deposit in limbo??

Nah, it was far from a tip, it was spotless barring those blood stains.

I agree with the above by the way, I just want to know my rights so I can go back waving them in their stupid prick faces.
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The checkout guy will have lied to you.
 
nyron4england said:
they're trying to have your eyeballs out, like most private landlords will. when you did the inventory check out, the person should have okayed it, and that should have been that. unless you've left the place a tip, tell them to fuck off and refer to the wear and tear clause in your contract. also, hammer them every day for updates, demanding they hurry the fuck up.
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It got to hourly emails from me after like 6 weeks
 
From my experience I found that they will try this with every single ex-tenant they have so make sure you are the they can't wait to be rid of.
 
I guess it boils down to two questions that I have:

1) Is there a legally-prescribed period after end-of-tenancy in which they have the inform me of deductions? If so, what is it?
2) Can I be doing anything to expedite this shite? e.g. writing them a formal email requesting my deposit back, formally requesting it back via the Deposit Protection Scheme, etc

I'm not sure if I should have immediately requested the deposit back that day or what, but I just assumed from previous experience that they'd put the wheels in motion!
 
Check your tenancy agreement to see if there are any clauses which say the landlord has a limited time to inform you (the tenant) if they wish to withhold any of the deposit (was 10 days from the date of tenancy ending on the contract for my last rented place, only reason I thought to point it out as you said it's been 16 days of waiting), or if there are any clauses which say they have a limited time to let the DPS know if they wish to with hold any deposit monies.

Probably worth logging onto the DPS site and applying for it to be paid back, as this will at least force the DPS to send a notification to the landlord.

Hammer them with emails demanding responses by COB the same day and keep records.

Fingers crossed you'll get it back soon without issues. From my experience and most other people many landlords don't seem to give a shite about leaving people out of pocket for weeks (ie a month's worth of rent), especially when people need to fork out to put deposits down on a place they are moving into next etc.
 
HoxtonMackem said:
Check your tenancy agreement to see if there are any clauses which say the landlord has a limited time to inform you (the tenant) if they wish to withhold any of the deposit (was 10 days from the date of tenancy ending on the contract for my last rented place, only reason I thought to point it out as you said it's been 16 days of waiting), or if there are any clauses which say they have a limited time to let the DPS know if they wish to with hold any deposit monies.
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Thanks mate - I've logged on and requested it back, but not entirely sure what good it will do!

Regarding relevant clauses in the TA, they seem to be:

6.2.8 As soon as practicable after the end of the Tenancy, the Landlord or letting agent local office will notify the Tenant of any proposed deductions to be made from the Deposit. Fuck does this mean then?

6. 2.9 If there is no dispute, the Agent will apply to keep or repay the Deposit, according to the agreed deductions and the conditions of the Tenancy Agreement within 30 days of the end of the Tenancy. If agreement cannot be reached, the Tenant shall use his best endeavours to notify the Landlord or his letting agent local office of the dispute regarding the proposed deductions within 20 working days of the end of the tenancy. What if the notification of deductions from them takes, say, 25 days beyond end of tenancy? Makes no sense at all.
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I'd love to know what 'as soon as is practicable' means here from my perspective,
 
Medulla said:
Thanks mate - I've logged on and requested it back, but not entirely sure what good it will do!

Regarding relevant clauses in the TA, they seem to be:

6.2.8 As soon as practicable after the end of the Tenancy, the Landlord or letting agent local office will notify the Tenant of any proposed deductions to be made from the Deposit. Fuck does this mean then?

6. 2.9 If there is no dispute, the Agent will apply to keep or repay the Deposit, according to the agreed deductions and the conditions of the Tenancy Agreement within 30 days of the end of the Tenancy. If agreement cannot be reached, the Tenant shall use his best endeavours to notify the Landlord or his letting agent local office of the dispute regarding the proposed deductions within 20 working days of the end of the tenancy. What if the notification of deductions from them takes, say, 25 days beyond end of tenancy? Makes no sense at all.
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I'd love to know what 'as soon as is practicable' means here from my perspective,
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6.2.8 - ridiculous and nonsensical of them imply that clicking a few buttons to arrange for the deposit to be paid back to you (taking 5 minutes) could ever be deemed to not be practical, not like you are asking them to hike 12 hours to deliver a cheque by foot.

6.2.9 - Makes 0 sense at all that
 
The SMB hate renters mate. Didn't you get the memo?

You should be working 3 jobs, living off gruel and selling your gran so you can buy a house. You f***ing hobo.
 

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