Deposit refund - Can I insist on a cash only return of deposit?

[Dangerdoc]

Hello,

 

Been renting for a long time. Moving to my own new mortgaged property now.

Tenancy from approx Oct 1997.

 

Don't think the deposit scheme applies to the tenancy agreement as it was started before deposit legislation kicked in (if you know otherwise let me know).

 

Now - I only want my deposit refunded in cash. LL says happy to make bank txfr but I will not accept that.

 

Can I legally insist that I will only accept cash?

 

There is no provision on the tenancy agreement as to how it should be refunded.

 

Anyone know the situation?

 

Many hanks.

 

Doc

[citizenB]

Did you pay the deposit in cash ?

[Dangerdoc]

Hi,

 

You know I cannot actually remember that far back. It might have been cheque way back in those days but easily could have been cash.

 

Doc

[citizenB]

Righto, I was going to say, if you had paid the deposit in cash, then perhaps you could insist on a cash return. If it is a fair chunk of money the LL may not wish to be responsible for holding a lot of money until it passes over to you.

 

I am sure there will be others look in who are sure to have more knowledge about this.

[Dangerdoc]

Small amount of money £650.00

[mariner51]

Small amount for you maybe!

 

DPS would return amount due by BGC or cheque, so why do you not accept LL offer of bank transfer?

[Dangerdoc]

That is really easy to answer.

 

First off, not so sure what all the abbreviations are but I presume BGC is Bank Giro Credit so it is simple.

 

I hand over keys, leave, travel the 410 miles to my new house, then hey presto, no transfer. Funny that!

 

This site is awash with people not getting their deposit back. Cash on key handover after a property inspection is the safest way to ensure money is returned.

 

How many get that? Not a lot according to this site.

 

In terms of amount not being a lot it is not a lot. Many deposits are much higher.

 

So I want this in cash to secure a definite payment without the massive grief many experience.

[citizenB]

 

 

I hand over keys, leave, travel the 410 miles to my new house, then hey presto, no transfer. Funny that!

 

This site is awash with people not getting their deposit back. Cash on key handover after a property inspection is the safest way to ensure money is returned.

 

So I want this in cash to secure a definite payment without the massive grief

many experience.

 

I can see why you are concerned.

[Dangerdoc]

It is kind of funny. I spend my life in extremely dangerous situations all over the world and get regularly shot at etc.. And here we are trying to see the legal position on insisting if one has the right to demand a cash refund. Oh the absurdity in so many ways.

 

Now if the UK legislation was a bit more relaxed I would do what I do when abroad with the team - point a large menacing gun and smile, that works very well but in the UK there are a few rules - a little frustrating at times lol..

 

Over to the wizards.

 

Doc

[citizenB]

How about a banker's draft if they don't want to give you cash. Once that has been drafted then the money is ring fenced.

[Dangerdoc]

A very good idea indeed.

 

I will give her two choices, cash of bankers draft.

 

Great suggestion.

 

Doc

[mariner51]

Bank draft is an option. Is OP prepared to pay the fee?

Even for pre-DPS ASTs, LL had 14 days, after end of T (keys returned), to inspect vacated property and return deposit or submit proposed deductions.

With DPS, deposits should not be released before end of T.

I applaud OPs caution and assume he has been a model T for 6+ years, giving due Notice and causing no T attributable damage etc.

OP may have paid deposit by CC in which case LL is allowed to p\ay refund to that CC account.

 

I would have to advise LL caution in this sceanario.

[Dangerdoc]

Hi,

 

Thanks for that but I have no idea what you are going on about. DPS, TT, OP, AST's - Seriously.

 

Are we in the same country or what.

 

Can any replies please actually be in English and not some form of semi-text speak jargon.

 

Remember, these abbreviations are ONLY clear if someone knows that they actually mean.

 

Sorry but not a helpful post in the least.

[Sparks_]

OP= opening poster...you

DPS=deposit protection scheme

TT=Tenant, I think?

AST=Assured short tenancy, the type of tenancy

[Dangerdoc]

Hi Sparks,

 

Thanks for that. What a nonsense. Why can people not just type? It is not difficult.

 

Anyway the information is wrong.

 

Can we please note: The tenancy was started in October 1997.

 

The Deposit Protection Scheme legislation is for any tenancy that started after, not before, 06 April 2007 and this is of no relevance to this matter.

 

As for "OP" - really? are we that lazy that we need to TLA everything? "Three Letter Acronym"

 

The standard of writing skills is so very poor these days and it actually serves to confuse, not assist people. In the medical world we do use abbreviations but only those that are known to the medical profession and we never use ones where they can be mis-interpreted such as MS or MS ! (Mitral Stenosis - a tightening of a valve in the heart and Multiple Sclerosis). As you can see, abbreviations are only useful when people reading the text know what they are meant to mean. They are unhelpful at best most of the time.

 

Going forward and to get back on topic. The situation is about insisting a cash refund for a deposit where the landlord (see not difficult to type) wants to make a bank transfer but I shall be 410 miles away from the old location and thus not able to simply meet to discuss the issues.

 

So can we focus on a pre-2007 tenancy that does not fall under the tenancy deposit schemes and the legality of a landlord being able to chose how to refund. I would have thought that the recipient is the one who determines what payments are acceptable to that person. You cannot go into a shop and say you want to pay by cheque or bank transfer - you have to pay by the means they accept.

 

Thanks everyone.

 

Doc

[Sparks_]

Abbreviations are used far too much at times, but what gets me is text speak now that really gets my goat! Sorry this doesn't help you with your problem

[Dangerdoc]

Hey Sparks, I totally agree with that. It is just insane.

As the OP on TCG sub RG&S sub n-RS subform we agree that Oct 97 was before the DPS as per CAG post. The TT or was it the LL not sure the TLA related to the AST was OOO. I dont want a BACS or BGC to my PBA for the DP in the AST as I pref UKGBP cash. A BD may help but needs drawn in advance. I wonder?

 

GMV

 

Doc

[Sparks_]

Hey Sparks, I totally agree with that. It is just insane.

As the OP on TCG sub RG&S sub n-RS subform we agree that Oct 97 was before the DPS as per CAG post. The TT or was it the LL not sure the TLA related to the AST was OOO. I dont want a BACS or BGC to my PBA for the DP in the AST as I pref UKGBP cash. A BD may help but needs drawn in advance. I wonder?

 

GMV

 

Doc

 

Oh come on, play nice it is Sunday you know

[Dangerdoc]

Oh sorry,

 

That needs some clarification:

 

GMV Good Morning Vietnam

 

HTH

 

DOC

[Sparks_]

Oh sorry,

 

That needs some clarification:

 

GMV Good Morning Vietnam

 

HTH

 

DOC

 

HTH??????? I think you are trying to send me crazy! Wouldnt bother been classed as that for years

[Dangerdoc]

It really is insane. Hope That Helps - see an abbreviation that clearly did not help.

 

Maybe we should start a thread on the massive over-use of abbreviations on this site?

[Sparks_]

It really is insane. Hope That Helps - see an abbreviation that clearly did not help.

 

Maybe we should start a thread on the massive over-use of abbreviations on this site?

 

Or in general? The Bear garden is the section to do this

[Lea_HTH]

I just have to say that despite his abbreviations Mariner usually gives sound advice and to be rude to people trying to help really isn't polite.

 

Whilst your deposit was taken pre 1997, the Localism Act captures all existing tenancies in place on 5th April 2012 - so if you're only just about to leave your tenancy, the deposit should have been protected in a scheme, though in my experience thus far, judges are extremely reluctant to find against a LL with such an old tenancy on his hands in relation to non-protection.

 

You can ask for your deposit back in cash, but you cannot demand it in cash. The suggestion for a bankers draft was a good one - or alternatively you could insist on a 2 hour transfer into your bank account (most banks do this now), and simply delay your trip to your new house by a 2 hour lunch/dinner/coffee break whilst you wait to check the money has gone in.

 

If you've been in the property for that long, the inspection may throw up issues your LL will want to withhold some of the deposit for, and any amount that is in dispute won't be paid over immediately anyway, particularly since that leaves the LL with only one option to get any damages paid for: court.

 

LL = Landlord

[mariner51]

Thank you for your support Lea.

Guilty of using acronyms and abbreviations to save bytes. Most would be evident to any newcomer that had spent some time reading various posts. LandlordZone residential lettings forum does supply a sticky of most re lacronyms

I use

LL to denote landlord or landlady as many OPs are nit gender specific

OP = original poster or first (original) post #1 in thread

T =tenancy ( or poss legally defined Tenant)

TTs =named or presumed tenants

 

If there is an acronym/abbreviation you do not understand, a polite request often elicits a suggestion from a more experienced contributor

 

AFAIK I(as far as I know) as yet there is no binding legal precedent fort Localism Act to apply to continuing ASTs signed before Oct 2007

Express bank transfers do not guarantee transfer within 2 hrs, this is a min rec timing depending on time of transfer, it could be credited next working

day.

MCOL claims can be filed from any UK address if LL defaults on deposit repayment. Do you want explanation of MCOL?

[Steve__M]

These days, if your landlord can do a payment using internet banking you've a good chance of it appearing straight away.

 

To check things are set up, it might be worth asking him to do a test transfer of 1p (that's an abbreviation for one penny).