Tenancy deposit scheme

Message to future tenants (or landlords). Photograph every aspect of the property (and get photos signed) before moving in, and when moving out. I learned this by being an avid watcher of Judge Judy small claims court programmes.

Don t know where you live but in Scotland where I am a landlord the deposit is held by a deposit protection agency. Tenant applies direct for refund and deposit is sent direct to them less any deduction I have made.

Is this helpful?

england.shelter.org.uk/housing_advice/tenancy_deposits/how_to_get_your_deposit_back

If your landlord is asking for deductions then the deposit won’t be returned until any issues are resolved.

But you should have been informed of any deductions. Was the rental through an agent or direct with the landlord?

I expect the landlord is concentrating on selling the house rather than seeing to outstanding rental business. I am sure if you contact the deposit holder you will learn whether or not the paperwork has been sent in by the landlord.

It’s a nightmare,when our three children were so frustrated because of this scheme, they had so much money tied up in TDS then were expected to put huge deposits down on new rentals.

It meant we always had to step in until the TDS paid out, it can take months..

can you imagine if you don't have that fall back sago? it must put people in such precarious financial situations

jeanrobinson

Message to future tenants (or landlords). Photograph every aspect of the property (and get photos signed) before moving in, and when moving out. I learned this by being an avid watcher of Judge Judy small claims court programmes.

Yes I took pictures and a video when the house was empty and had been professionally cleaned when I left.

Esspee

I expect the landlord is concentrating on selling the house rather than seeing to outstanding rental business. I am sure if you contact the deposit holder you will learn whether or not the paperwork has been sent in by the landlord.

I’ve been in touch with the letting agent who tell me they are waiting for the landlord to reply to them about their suggested deductions. The landlord holds the deposit, the deposit money legally belongs to me.

if you are in England it should be with a deposit scheme

JaneJudge

if you are in England it should be with a deposit scheme

Yes it’s the TDS, insurance based which means the landlord holds the deposit.

have a look on that link i posted on shelter, there are timescales they should stick to

if they want to make deductions have you seen them? (bloody hell they are chancers) it is better to settle outside of adjudication if you can

JaneJudge

if they want to make deductions have you seen them? (bloody hell they are chancers) it is better to settle outside of adjudication if you can

They’ve not come back with any deductions, I’m still waiting nearly a month after moving out. Yes thanks for the details. I’ve seen something similar on other sites. If Tuesday comes and hear nothing I will be sending the agent another letter. Landlord lives abroad too so even though I’ve been dealing with the agent I’m nervous about not getting my deposit back ?

I’m in Scotland. Every tenant I’ve had in the past received their deposit back within the week, even the very few who had money deducted.
Now the deposit must be handed over to a third party and as I have long term tenants I have no idea how complex it will be for them to receive their deposit back. I certainly no longer have it.
Is the law not the same in England? If I don’t lodge the deposit with the third party then my tenant can take me to court and be awarded a considerable amount of compensation.

legally if the house was left as you said, you will get the money back. Document everything and if they don't respond you have to log with the deposit scheme and go to adjudication if necessary but you will get it back

adjudication etc is free btw

Esspee

I’m in Scotland. Every tenant I’ve had in the past received their deposit back within the week, even the very few who had money deducted.
Now the deposit must be handed over to a third party and as I have long term tenants I have no idea how complex it will be for them to receive their deposit back. I certainly no longer have it.
Is the law not the same in England? If I don’t lodge the deposit with the third party then my tenant can take me to court and be awarded a considerable amount of compensation.

As I understand it there’s two schemes. One where the scheme holds the deposit where it is fairly easy to ask for money back and an insured scheme where the deposit is held by the landlord or agent and there is an insurance that is put in place to protect all parties.

Thank you for clarifying that Mattsmum2. In Scotland there is no insurance option. I wish there was.

Esspee

Thank you for clarifying that Mattsmum2. In Scotland there is no insurance option. I wish there was.

I think there are different schemes not sure about Scotland. Hope you find something that fits for you ❤️