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Moved out, handover fine, when do I get deposit back?

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Hi all, I have just moved out of a leased property and was hoping for some advice on my deposit.


I had the handover on the 10th, it was an independent checking service. The woman said in her report everything was fine and in fact that in many places property was cleaner than when I'd moved in. She sent the report which was sent to me by the estate agent, with a covering note saying they have sent to landlord for comment and a 'decision on return of your deposit'.


This sounds a bit dodgy to me. Surely it's not the landlords decision whether or not he wants to return it? Surely he has to?


When should I expect my deposit to be paid? On direct.gov.uk it says within 10 days, is that 10 days from the handover? So by the 20th?


Will it be received as a cheque or paid into account?


If I haven't received by the 20th what would then be my next step? I'm assuming it's to log a complaint with the dispute resolution service?


Any help would be much appreciated.


Thanks in advance.

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Hi there, many thanks for response.


It was in England and it was below £25K. Rent was 2xmonths deposit, so it's considerable.


It was protected too because I received something confirming it was shortly after moved in.


Also thought it wasn't ll's decision, thought letter from estate agents bit cheeky to be honest. They received handover report which said that in most places the property was cleaner/in better condition than during check-in yet they send a letter saying they have sent to the LL for a decision on returning my deposit!!

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So call the deposit protection scheme your money is held with, and go through their proceedures... The money technically is with them... and you can dispute any deductions made through their arbitration service (which I understand is somewhat biased towards tenants - although this being a LL site, its no wonder people fell that way here!)

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Think you'll find that it's 10 (or so) days from the time the agent/LL instigate the repayment.

Dependant on who it's protected with you can go online and commence repayment but it has to be agreed then by whomever deposited it.


I'd call the agent and ask when they will be instigating this.


You should be fine getting it back with an independant handover but it may take some time so you need to jostle the agent a bit.

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So this has just escalated and I plan to log a dispute.


1st bit of history; there was a check in service which included a comprehensive report which I had to pay £100 for. I found the report to be thorough so was happy to pay that.


The check in report (both myself and LL were issued copies) clearly states that the property was not clean. The LL had been living there and he hadn't cleaned or arranged professional clean when he moved out. The check-in service noted that things like the toilet, shower, fridge, oven, microwave etc were particularly filthy and recommended professional clean. LL didn't do this and I had to sterilise the place when moved in.


The check-out report, which I had to pay another £100 for (again ok with this) states that the property was in many places CLEANER than during check-in. So that's all hunkey dorey, LL gets a property cleaner than when he gives it, also some additional items that are almost new like bedding, crockery etc for his next tenant.


Spoke to agency, they're keen to instigate repayment but get this, the LL wants me to pay for professional cleaning. My response was he's taking the f""cking p""ss!


I explained to agency about the check-in/check-out reports stating that a) he should have had place professionally cleaned for me moving in, he didn't and left me to clean it and b) the property had been handed over to him cleaner than he handed it over to me.


Agency responded she'll arrange to pay deposit back minus the check out fee and professional cleaning fee and will log a dispute (unsure about this, thought it was ME who lodged the dispute? that way I can put my case forward to the arbitrator, show them all the documentation etc?).


Then yesterday I get this email:


"I believe that you have refused to pay (out of your deposit) the cleaning cost.

I was generally happy with the way the flat was left but I do need to get these jobs done ready for the next tenant.

Ps were you aware that there is a large stain on the quilt I bought, candle wax on the living room floor, bad lime scale blemish on the granite near the sink and the replacement microwave dish does not fit ?"


I think he's out of order picking like this when the check out report (which he paid half of) clearly states the property is cleaner then when he gave it to me but he writes he is "generally happy", that gets my back up.


As for stain on quilt, no I wasn't aware because I didn't use it. The quilt wasn't new! I used another quilt which I left behind in almost perfect condition in the spare room. I returned his quilt folded on the main bedroom bed because that's how the property was handed over to me. I chose not to use his quilt because it was filthy and used my own.


As for wax, no I didn't know that, all the floors were vacuumed and thoroughly washed when I vacated property. I don't remember any wax being spilled, I don't use candles. The floors are marble so even if there was wax, I am sure it would be a simple case of scraping it off, hardly warranting several hundred £s worth of cleaning.


As for limescale, for goodness sake, the property is in London, one of the worst areas for limescale. I can't be held responsible for the area around the sink becoming contaminated with limescale, it's a sink ergo water will be used in the area. If he's that fussy about limescale he should fit a water filtration system. What did he want me to do, chemically remove all the frigging limescale before I used any water? Besides, I don't recall any such stain anyway.


As for the microwave dish, well 1st the microwave is fitted 6.5 feet in the air, to the right of a worktop with the door opening the wrong way. Hence I broke the original plate but I argue the design is ridiculous, dangerous even. I ordered a new dish and now he's saying it doesn't fit. I ordered it from manufacturer's website, it is the same microwave model, cost me £30. So don't know what he's on about there.


Sorry for the long moaning message, I'm just fuming. I was SO respectful in that property and took really good care of it. I was a model tenant, treated everything with respect.


Frankly I think he's just picking and making stuff up and I don't understand why he's being so vindictive :( I think he can't find anything genuine to pick at it order to keep deposit money so he's raising trivial issues.


Becausve I've just moved It's taking me a while to find the paperwork for the protection scheme. When I do I'll be calling them. What I'm unsure about is I read that if there's a dispute the deposit is handed over to the scheme. However if agency are saying they are going to pay me back minus disputed amounts where does that leave me?


Thanks for er .. listening guys!

Edited by breakanegg
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P.S. Here's the reply I sent. I didn't discuss the issues he raised because I think them petty and unfounded. I'd rather respond to them to the dispute resolution service stating what I have stated in message above.


I have both the check in and check out reports stating clearly that the property was left in a cleaner condition when I moved out than when I moved in. I cannot therefore be reasonably expected to pay to have the property cleaned to a standard that is higher than when it was handed over to me, even though according to the check out report I did exactly that since it states in a number of places the property was cleaner than during check in.


Further, you may recall professional cleaning was recommended in the original check in report and you chose not to do so, as such I was required to clean the property myself when I moved in. It was not professionally cleaned when it was handed over to me; if it was professionally cleaned when I took up tenancy in the property I might now reconsider your request, but it was not.


It might also have been better if you had been able to attend the check out; that way if there was anything you were concerned about I could have been given reasonable opportunity to discuss with you or to rectify the issue, it is more difficult now that the check out is complete and also because I am no longer in the area.


I believe this is perhaps one for the tenancy deposit dispute resolution scheme and I will therefore raise a dispute.



Also given your position on this, I believe I should perhaps now make arrangements to remove additional items left behind so that they are not in the way; such as duvet and bedding for the second bedroom, cutlery and other items. If you could perhaps please arrange for these items to be made available for collection and I will arrange for the neighbours at 14 to take charge of these items and get them out of your way.




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