How long does it take landlord to release holding deposit upon tenancy ends and no defaults. If landlord refuse to release the holding deposit. What’s the legal action that can be taken? Thanks
1 Like
I think you mean the security deposit, not the holding deposit. There is no legal deadline although the schemes talk about a 15 day limit I think. Is hhe landlord responding to your queries about it?
1 Like
Yes, I meant security deposit. No the landlord is not responding
You need to read the information provided when the deposit was lodged. If this was via Openrent, you might be able to log in, and it may provide information via your tenancy login.
1 Like
The security deposit was collected outside open rent
and what scheme is it protected with? What does your scheme leaflet say?
1 Like
I was not given any leaflet regarding my security deposit. I sent the payment to the management bank account details together with the first month rent.
So, within 30 days of that payment, you should have received paperwork about the deposit. This should have included the ‘prescribed information’ and the deposit scheme leaflet. If you have not been sent any paperwork about the deposit, then your landlord is in breach of regulations regarding the deposit and you can claim at least 1x your deposit back and possibly more. Thisis good because it means you can use this as leverage to get your deposit back. After that, you can then use a no-win-no-fee lawyer to get compensation. If you message me, I’d be happy to send you details of a lawyer who will do this for you for free.
It may be that the landlord has actually protected your deposit in one of the three schemes but did not give you the paperwork. Check the websites of each of these to see if you can find your deposit in one of them:
- Deposit Protection Service (DPS)
- mydeposits
- Tenancy Deposit Scheme (TDS)
If you can’t find it in any of them, write to the landlord saying that you have become aware that the prescribed information for the deposit was not served within 30 days and that you have no evidence that the deposit was protected. Ask them to respond and give them a 48 hour deadline to do so. Say that if you do not hear from them within 48 hours, you will be contacting a lawyer to get compensation.
That should get a response.
3 Likes
You can check with each of the three deposit schemes, (DPS, TDS and MyDeposits) whether your deposit is protected. Just google it. You may have a claim for a penalty of up to 3x the value of the deposit from the landlord, plus the return of the original deposit. Speak to Shelter or CAB in the first instance for advice on how to go about this.
Edit: Cross posted with Tatemono
1 Like
Thank you. I will do that and get back to you
Obviously, I can’t find my security deposit in any of the sites. I am writing them email now. Thanks
1 Like
Good evening. Regarding the security deposit, the landlord has been going back and forth with me after i have emailed them, called and confirmed the inspection has been concluded and they have agreed to return my securiry deposit, they have failed to provide my deposit. I need help with proper actions. I was told by their ex tenants that this is what they do to their tenants. Help please
@Sheriff1 first find all the documentation you have showing you paid the security deposit and keep copies of LL correspondence promises to return it as that is acknowledgement and evidence it was received. Get that in writing tell LL you need something written.
Shelter or citizens advice should be able to help
Google ‘Tenancy deposit protection gov uk’ and recheck your deposit was not protected in any of the 3 schemes.
Basically you tell LL that as they have not protected the deposit you will take LL to court and they will be forced to return deposit plus legal costs plus 1 to 3 x deposit as compensation. If they don’t settle go ahead and take LL to court. Think there are likely no win no fee lawyers who will help
If other ex tenants willing to say in writing the same happened to them as evidence, the court may view as more serious and award more than 1x maybe
Good luck
1 Like
Thank you David. I will do that
1 Like
Ps @Sheriff1 And I’d message @tatemono who has kindly offered to give you name of a lawyer to help you…
1 Like
… which he has not done despite saying
ah well… good luck to him
1 Like
Thank you @tatemono and everyone that’s helped with the process. I gave him final notice and ultimatum and then, he released it last night. Thanks
1 Like
Ah… that’s good news. Maybe he made a New Year’s resolution!
2 Likes