left property - awaiting to hear from landlord

[nmitchell]

I left my flat on sunday - after painting all walls (they hand finger prints on - I know that is generally wear and tear but wanted to leave it nice and clean). Cleaned teh place top to bottom and steamed cleaned teh carpets. Teh carpets are a little bit worn compared to when I moved in 6 months ago - but again fair wear and tear.

There is some toot outside teh flat (which is actually on neighbours property - i have permission to leave it there) and will eb removed on saturday.

I have text landlord to say i will return sat to clear up the stuff outside and can i check my post please. no response as yet, she hasnt let me know about the deposit either.

Am i right in thinking that as i paid deposit by bank transfer they should pay it back to me in this format?

I was a couple days late paying rent on occasion but in teh contract it only states interest will be added after 14 days have gone past so I should be ok on this.

Also i was not told if they were in a tenancy deposit scheme. I rented from 25th May 2007

I can see no reason why my deposit will be held. Do i give it 10 days before i say anything?
I returned the keys to the landlord on sunday - but do they have to give me my post?

Thanks

[demon_x_slash]

The TDS began in April 2007. If you took up the tenancy in May of this year, the deposit must have legally been protected in one of the three new tenancy deposit schemes. If the LL hasn't done this, then you are entitled through the complaints service to three times the original amount. When you took up the tenancy, you should have received paperwork through the post confirming that your deposit had been entered. Information about the TDS is provided here.

ARLA consider twenty-eight days a reasonable period in which to return a deposit. I would say that if you haven't heard within two weeks, start stepping up your approach. Do you have an address for the landlord? because you'll need it if you end up having to claim back your deposit through the courts.

Was an entry inventory conducted when you first moved in, detailing the condition of the property? Did you sign it and return it?

As for mail, the Post Office will redirect anything with your name on it to a new address for up to six months - you will have to contact the PO to set this up. It is a criminal offence for someone to open a letter addressed to someone else. I don't see why the LL would refuse to give you any mail that turned up, if you arranged to come and collect it...

[nmitchell]

Hi, when I left my flat as I gave notice a few days AFTER I should I wrote to my landlord and said I was aware of this fact as because of this will pay an extra week up until 2nd december. This would be the date that i leave.

They then sent me a letter stating that they wish me to vacate the property 25th November which I have done.

They have checked out teh flat - have obviously found no reason to with hold my deposit but are now saying they wish to dduct the £150 weeks rent that I stated in my letter!

Also when I started the tenancy they did NOT and still have NOT informed me if they joined tenancy deposit scheme.

What can I do if anything about the £150? What shall I say to landlord?

[demon_x_slash]

From the Governmental website:



How does deposit protection work in practice?

There are two types of scheme: a custodial scheme and an insurance-based scheme.

The landlord - not the tenant - has the option to choose whether to safeguard the deposit in the custodial scheme or in an insurance-based scheme. The names of the schemes, and their contact details can be found on the Who are running the schemes? page.

A landlord will have 14 days to safeguard a deposit from the day he receives it. The landlord will have to provide the tenant with certain information about the scheme safeguarding the deposit within that period. This information has been prescribed in secondary legislation and is set out on the Prescribed Information page.

To avoid disputes having to go to the courts, each scheme is supported by an alternative dispute resolution (ADR) service - although the use of this service is not compulsory.
How can a tenant find out if his deposit has been protected?

When a tenant pays a deposit, he should ask his landlord this question: "How will my deposit be protected?" Within 14 days of the landlord receiving the deposit from the tenant (which could be in the form of cash, cheque, money transfer, etc), the landlord must provide the tenant with the information about the scheme providing the protection. The 14 days runs from the time the deposit is received, and not from when the funds are cleared. A tenant will be able to contact the scheme to find out if his deposit has been protected.
What happens if a deposit has not been protected?

1. Unable to use 'notice only'
   
   Currently, a landlord can obtain an order for possession of an assured shorthold tenancy (AST) at any point after the first six months of the tenancy providing any fixed term has expired and the landlord has given the tenant at least two months' written notice (under Section 21 of the Housing Act 198. This is known as 'notice-only grounds".
   
   However, under Tenancy Deposit Protection (TDP), the landlord is unable to serve the notice enabling him to regain possession of the property using the 'notice only grounds', if the deposit has not been safeguarded and the prescribed information has not been passed onto the tenant within 14 days of the landlord receiving the deposit.
2. Payment to the tenant
   
   Tenants can make an application to a county court if they believe that their deposit is not being safeguarded or where they have not been given the prescribed information about the scheme in which the deposit is safeguarded within 14 days of the landlord receiving the deposit.
   
   Where the court is satisfied that the landlord has failed to comply with these requirements, or the deposit is not being held in an authorised scheme, the court must either order the landlord within 14 days of the making of the order to repay the deposit; or order the landlord to pay the deposit to the custodial scheme administrator.
   
   The court must also order the landlord to pay the tenant three times the deposit amount within 14 days of the making of the order.

What if a tenant moves out of the rented property before realising that his deposit hasn't been protected?

The tenant will need to apply for a court order and if the court finds in favour of the tenant the court will order the landlord to repay the deposit amount to him.

In order to avoid this situation, tenants should make sure that their landlord has given them the prescribed information relating to the scheme that is safeguarding their deposit, and check that the deposit is safeguarded.

[nmitchell]

I have asked landlord via text about TDP but she hasnt replied!!!

[demon_x_slash]

Then you will have to write to her, give her a reasonable amount of time, then start the legal process. According to the information above, you will have to obtain a court order to have your money repaid to you if she refuses to co-operate. This involves going down the Small Claims route, and there is plenty of information about how to do so in the Forum's Main FAQs.

[nmitchell]

what would you class reasonable amount of time? I really need to get my deposit!

[demon_x_slash]

As I said, ARLA cites 28 days as a reasonable period of time in which to return a deposit. However, if you haven't heard from your LL within a fortnight and you really need it urgently then you must write to her 'making time of the essence', and giving her a further deadline within which to respond. For an idea of general timescales for the Small Claims Court, take a look at the main FAQs.