Question about Tenancy Deposit Scheme & return of deposit

[idbuchanan]

Hi,

I rented my current property in August 2006 and I paid the deposit to the landlord. With the Tenancy Deposit Scheme now in force since April, does this cover my existing deposit or does it only cover new tenancies?

If my deposit is covered, I have received no notification of the arrangements from the landlord.

I gave the landlord four weeks notice two weeks ago, and move out next weekend. I will be moving out a week early, and obviously am more than willing to lose that month's rent. Is it fair for me, subject to the landlord agreeing that everything's in order, to expect my deposit back the day I move out and hand the keys back?

Thanks in advance for help on these matters!

[MrShed]

The law is not reciprocal - ie it only applies to new tenancies from that date.

No it is not fair to expect the deposit back on the same day, usually a fair timescale is to have it back within 14 days of vacating the property.

[idbuchanan]

I can understand it not being fair if there are things not in order - but if everything is in order and as it was when the tenancy was taken and the landlord agrees this, and has known of my moving out, why is it not fair to expect the deposit back the day I leave?

To put things into perspective, this property was completely unfurnished - not even any kitchen white goods. There was no carpet, no curtains, etc. Everything will either be as it was when the tenancy was taken or better.

[MrShed]

Because it is not fair to expect the landlord to check that everything is completely in order there and then while you wait. Disagree if you like, I am merely stating that the vast majority of landlords will not give you it back the day you leave, and this is for many good reasons. Landlords who do are leaving themselves wide open to incurring damages costs that are the tenants responsibility, and by returning it on the day in person there is a lot of pressure upon the landlord to return the entire deposit(due to the face to face aspect), when in actuality the landlord may have good reason to withhold part. Ask any professional landlord(and for that matter professional letting bodies such as ARLA or NAEA) and they will advise strongly against the landlord returning it the day of departure.

[idbuchanan]

Okay, fair enough, I was only asking!!!!

In my case, I can't see how the landlord is leaving themselves open to anything - there are no goods to check, there is nothing to ensure is working... It's a very basic property!

I can understand why if there is more to check that the deposit isn't returned on the day of leaving. That said, that then reverses the situation and leaves the tenant open to unscrupulous landlords as the situation gets reversed....

Unfortunately you're always going to get bad tenants and bad landlords. The landlord at least has a deposit guarantee from the tenant - the tenant has no such luxury. Surely as the tenant has to pay the deposit before moving in and then sign and agree the inventory upon moving in, landlords should (where possible) afford the same priviliges to tenants when the move out? I know and understand that in some circumstances this may not be possible - but in some it is.

[MrShed]

At the end of the day the only person who can tell you if the deposit will be returned the day of you leaving is the landlord himself - although if he does he is not a particularly professional landlord. You can disagree if you like, but it wont change the fact that it is not reasonable to EXPECT the deposit back the same day . Not being harsh just making the point that whether you or I agree with the point is immaterial - it is simply the case. It is also somewhat incorrect to think that an unfurnished tenancy is somehow a very easy check compared to a furnished one - a professional landlord will still take several hours(at least) checking over an unfurnished property.

Although you may be a good honest tenant, unfortunately most arent!! :P

[idbuchanan]

Don't get me wrong - I can see exactly where you are coming from. But as you have said, it can take a while to check things over - but this being the case, why do landlords always want to take their time at the end of a tenancy, but expect tenants to sign away their lives within 5 minutes flat at the start of a tenancy?

I like to think I'm a good tenant - and to say most aren't I think is a bit of a sweeping generalisation. As I said in a previous post, you're always going to have bad tenants and you're always going to have bad landlords.

[MrShed]

Did not mean most - sorry, I totally agree with you - meant to put "some" arent. Also, you need to bear in mind that in the case of some damage, the landlord will need time to get reasonable quotes for the repairs. Basically, all in all, it is impossible to thoroughly check and/or quote on the same day, for any and all tenants.

[idbuchanan]

I understand totally if there is a dispute of any kind. I just think the landlord, where possible, should have to raise the dispute with the tenant on the day of moving out. I understand that this is occassionally not possible though.

For example, if there is damage to the carpet, the landlord should bring this up on the day of moving out - not wait 10 days and then bring it up.

It costs for tenants to move out and move on. Deposit for new property, van rental costs, new phone line, moving of Sky, etc, etc. If everything's in order and to the satisfaction of both the tenant and the landlord I just think it's a good idea not to prolong the process.

I have a friend who left their property and then took about 8 months retreiving their deposit and had to go through the courts. The landlord tried to say that damage had occured during the tenancy, although it hadn't.

I don't anticipate a problem with my landlord, but then I'd rather not risk if I didn't have to. On top of all the hassles of moving, I could do without any extra if I can!

I suppose the first step is to actually ask my landlord when to expect the deposit back though!

[jampot]

It isn't just the physical condition of the property - but the landlord needs time to assess whether there is anything outstanding on any of the utility bills etc, which presumably would cause problems if there was an outstanding balance...

[MrShed]

I nearly mentioned that....but the landlord cannot withhold the deposit for outstanding utility bills anyway.

[jampot]

Originally Posted by MrShed

I nearly mentioned that....but the landlord cannot withhold the deposit for outstanding utility bills anyway.

True - I was certain they couldn't offset your deposit against those bills (I've been there!) but did think it was appropriate to hold back REPAYING your deposit until all such checks had been made.

[MrShed]

Naa....its none of the landlords beeswax, legally speaking

[idbuchanan]

All utilities are up to date in anycase - electric is on a meter, gas isn't connected to this property, telephone and sky statements prove they're up-to-date....

[jampot]

Nice one.

MrShed - oddly, there are some local councils giving advice which conflicts with this:

Housing - Private tenants - advice and support

https://www.manchesterstudenthomes.c.../tenantsguide/

Deposit Disputes

There's a few more, too...

Strange, eh?

[MrShed]

Worrying how little some "professionals" know about the actual law! Obviously, if anyone shows me legally I'm wrong then I shall take it on my big chin