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jazzythumper

Difficulty getting Deposit back/Landlord has never given us details of the DPS

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Sorry this a first post, and I'm sure you've heard it many times before, it's a bit jumbled and I hope it makes sense, if anyone can help that would be greatly appreciated.

 

I moved out of my flat after living there for 2 years about a month ago, and have still not had my deposit back. This is a long story but i'll try and be brief.

 

We have never recieved details of the Deposit Protection Scheme that out deposit is held in, despite repeatedly asking for it in emails phonecalls and texts.

 

And I am still asking for the details now so we can get our deposit back.

 

Apparently it is held with mydepositis.co.uk and you can find your agreement if you search with the Surnames on the Tenancy, Month the tenanacy started and postcode of the property, using all and one of our surnames and every month we have lived in that flat brings up nothing!

 

Our tenancy agreement had a clause stating that the deposit had to be returned within 14days of ending the tenancy.

 

I believe that the DPS says that the deposit has to be returned withing 10 days of all costs being agreed. We did the inventory on the day we moved out and the only cost we agreed was that the oven needed a professional clean £50.

 

Since then the landlord has briefly communicated via email and has claimed that the system won't allow him to get the deposit back until at least 6 weeks time. And is waiting for receipts of other things that need fixing in the house (he said he might let us off these as we have been good tenants) although we haven't agreed to these.

 

We didn't pursue the DPS issue because we thought if he tried to screw us over with the deposit we could slam the fact that it's illegal not to give tenants the details of the DPS within 14 days of the tenancy beginning, which apparently leaves him liable to pay back 3 times the amount. Can this card still be played?

 

He has promised a scan on the certificated for the DPS yet this is still to turn up.

 

I don't know what to do at the moment. Has anyone else had a situation like this?

 

I phoned the DPS company and have been told that to get a copy of the certificate I need to send a copy of my tenancy agreement and proof of my current address to them and they can post me a copy, to put in a formal request to my landlord to ask for my deposit back and if I haven't received it within 10 days to raise a dispute. And they will help me get it back.

 

The only thing is that the deposit is not held with them but the landlord it is just protected by them, I am suspecting the landlord has spent our deposit and is stalling for time to raise the funds to give us our deposit back!

 

I can't believe that there is a scheme where the money is not held by the DPS, this seems to make it more complicated that it needs to be.

 

Also I have this quote it an email dated 11th August 2009 11months into our tenancy!

'Oh god! I keep meaning to let you guys have the details of the deposit scheme. Will be on the case ASAP'

 

(apparently in his timescales ASAP means at least a year)

 

I Think this is proof enough he has not given us the DPS certificate.

 

Thanks

 

Jazzy

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