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  • Deposit Protection

    Deposit return - how long does landlord have?

    Hello

    I am on the other end of a deposit issue at the moment. My wife and I lived in a rented flat recently and having moved out are struggling to get the deposit back. It is 3 weeks since the end of the tenancy and the landlord still has not refunded the deposit claiming that there is lots of repair work.

    We disagree with this but aside from that is there are time limit for landlords to specify the level of deductions? I know the deposit has to be repaid within 10 days of the parties agreeing deductions but we have not even reached that stage yet.

    Thank you

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    Good afternoon

    The deposit should be returned within ten days of the deposit being requested by yourselves. Obviously, if the condition necessitates quotes and repair, I can well see that this might take longer, but three weeks is too long. Put in a final call to your landlord/agent and then raise a dispute with the scheme protecting your deposit if you have no luck.

    Best wishes

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    Ben Beadle

    Director of Customer Relations - Tenancy Deposit Scheme

    http://www.tenancydepositscheme.com

    Ben,

    Whilst I acknowledge that this particular case doesn't sound like major dilapidations I have had several instances where the cost of repairing damage done by a tenant isn't known within 3 weeks.

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    Thank you Ben. to add to the confusion there was a transfer of ownership of he property mid way through our tenancy but we were not given details of where the deposit had been transferred to. Should the new landlord have told us which deposit scheme he was using or do the rules just apply at the beginning of the tenancy?

    Thank you

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    Hi Rob

    Apologies for the delay. If the landlord changes mid tenancy, the yes - this should trigger new Prescribed Information to be issued.

    Regards


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    Ben Beadle

    Director of Customer Relations - Tenancy Deposit Scheme

    http://www.tenancydepositscheme.com

    Assuming the "new" landlord failed to protect & serve PI within 30 days of acquiring the property (thus, under s3 of Landlord & Tenant (covenants) Act taking on all liabilities & responsibilities, including deposit), you may have a case to sue him for up to 3xdeposit.

    See good advice on how to do this (sue for up to 3xdeposit penalty) from the experts, Shelter, here...

    https://england.shelter.org.uk/housing_ad...ion_claims

    & on actions to take to recover deposit itself

    https://england.shelter.org.uk/housing_ad...posit_back

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