My deposit has not been protected. I moved out of the house 2 weeks ago and just prior to departure I asked the landlord about getting the deposit back. They said they will check the property out and providing it’s ok they will return it. That’s fine . I asked if it was protected and they said no, it’s in their bank account.
Before departure I had it professionally cleaned. Landlord is saying she wants to deduct £300 for cleaning the oven and bathroom, despite these having already been cleaned by the cleaning company and in good condition.
It has been two weeks and I still haven’t received any deposit.
I’m so stressed. Not sure what to do .
Why wasn’t it protected in the first place? Deposits paid via open rent are protected in custodial accounts. I would seek further advice from maybe citizens advice bureau…
Send them an email or text to say that you are seeing a no win no fee solicitor tomorrow about the lack of protection if the deposit is not refunded in full by then.
Are you sure the landlord is not giving confusing info. There are 2 types of protection custodial and non custodial. If you have non custodial then the money will be in the LL banks account. Please have a look at the documents you received when you moved in. On your agreement it may well say where the deposit will sit or in your prescribed information. If you had professional cleaners in and the property was not clean enough discuss this with the cleaners. They may be prepared to go back and clean those areas again.
A tenancy deposit can be kept in a landlord’s bank account, but it must be registered with an insured tenancy deposit protection scheme. Some landlords opt for an insured scheme as it allows them to build interest on the deposit amount – but it does require an upfront premium.
I asked landlord who my deposit is registered with and they said no one , it’s in my bank .
The cleaning has been completed to a good standard, I’ve had a second opinion. Landlord is trying it on.
Ok, so if it is a non custodial then you need to contact the ‘insurer’ and lodge a dispute. They will adjudicate in just the same way as with custodial. They can instruct the LL to pay the deposit and they can make the LL give them the deposit amount under dispute. So check the documents you were given or ask your LL who the deposit protection company is. Or phone TDS and DPS and ask if they have your property on file.
I have never as a LL been treated fairly by TDS or DPS, I have a current dispute where the DPS has taken a year as the tenant wouldnt agree for them to adjudicate. Now I been able to claim the deposit the tenant has now agreed and DPS are starting the process all over again, absolutley shocking,I will always put into an insured scheme in future, best of luck to them getting it back if I dont think its fair.
Correct me if I’m wrong, but it appears the deposit is not in an insurance backed self managed scheme allowing the landlord to hold said deposit.
Follow David 122’s advice and notify them you will seek legal recourse for compensation by way of the legally required 3 x deposit sum if not refunded immediately in full.
The son of a friend of my wife’s from Thailand was being given the same runaround by an Asian landlord, until I interceded. The following day the landlord, who had threatened to get him out “his way”, turned up with a full refund and an apology.
Relax, don’t wind yourself up and stress out, he hasn’t got a leg to stand on, and I can assure you crooks like these will fold the minute they know you know what the law is, and are prepared to pursue them legally.
Landlords are legally bound to register your deposit with a tenancy deposit company whether its in their bank account or the providers. You can prosecute for 3 times the value of the deposit if thry have not registered it.
If you are in dispute about money being taken from the deposit, this will need to be resolved before you get your money back. If there is no dispute, money must be returned within 10 days of departure.
Why didn’t you query the protection issue no later than thirty days after paying it, you should have been given the protection certificate
That the deposit is in the landlord’s bank account may not be an issue if in fact deposit insurance has been arranged rather than using a custodial scheme
Regarding cleaning standard, what does you tenancy agreement actually say, there can’t be an obligation to pay for third party cleaaning, just cleaning to a particular standard, presumably you have an invoice form the company you used, compare that to your entry inventory, the landlord would have to be able to prove an impairment.
I would just be hardnosed. Youve paid for the clean so demand your deposit back. State if they dont refund in full within 24 hours you will take them to court.
I am a landlord so know the rules. My son was in a student flat, the landlord refused to refund claiming all sorts of damage so we took him to court.
I do not understand why some landlords are so stupid and not register the deposit or place it in a custody with DPS or some others. It is sheer laziness, or worse dishonesty. By law, all deposits need to be registered or placed with a government deposit agency. Also if a tenant has had the place professionally cleaned and gives a receipt, why is the landlord being so difficult? This is very straightforward regarding release of deposit. I have students and leave the place every year in a mess. I have a proper 3rd party inventory done. Very few occasions, it becomes a dispute and TDS deals with it and I always win. But with a bond, it is a different story.