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View Full Version : How long to return Tenancy Deposit or explain deductions?



bigguy
17-02-2008, 15:51 PM
Hello,

Although I'm sure this question has been answered previously (I looked through the forum but could not find the answer), what is the policy of a landlord returning the security deposit?

We are americans who lived in London for just under 3 years and have returned to the States. Our landlord and the management agency were bad from day 1 (many stories, too little time to tell them...), so we're expecting that they will try to keep as much as they can, if not the entire deposit. We did not damage to the flat, only the normal wear and tear.

How much time do they have to deliver either the deposit or a letter stating why they are taking any or all of it? We moved out on 31 January, and have not heard back from them about it (it's the 17th now).

Thank you.

jeffrey
17-02-2008, 15:58 PM
Hello,

Although I'm sure this question has been answered previously (I looked through the forum but could not find the answer), what is the policy of a landlord returning the security deposit?

We are americans who lived in London for just under 3 years and have returned to the States. Our landlord and the management agency were bad from day 1 (many stories, too little time to tell them...), so we're expecting that they will try to keep as much as they can, if not the entire deposit. We did not damage to the flat, only the normal wear and tear.

How much time do they have to deliver either the deposit or a letter stating why they are taking any or all of it? We moved out on 31 January, and have not heard back from them about it (it's the 17th now).

Thank you.
Your three-year tenancy pre-dated the most recent legislation re protection of tenants' deposits. If the rent exceeded £25 000 per year, the letting would not have been an Assured Shorthold Tenancy so the deposit protection regime would never be capable of applying.
In this case, you need to rely on the Tenancy Agreement only. Tho onus is on L to prove why any part of the deposit should be retained and not fully refunded to you.

johnboy
17-02-2008, 16:19 PM
1 What date was your last contract signed?

2 How much was the rent?

3 If the last contract was signed was after april 2007 what deposit scheme (if any) was the deposit held in and were you given the precribed info?

4 Is there a inventory and do do have a copy?

bigguy
17-02-2008, 20:24 PM
1. Last contract was signed in September 07.

2. £575/week, £2491/month, £29,990/annum.

3. I don't know about the deposit scheme, it's actually the first time I've heard of it. We moved in originally in April 05 and that is when the deposit was given.

4. There was an inventory done at move in and upon leaving, but they have failed to furnish us with a copy and that leads me more or less to my question: the lady from the company who did the check out told us that they have to return the deposit or give us an itemized list of what they are withholding the deposit for, and I saw elsewhere online that they need to do so within 15 days. I'm curious as to what recourse exists for me. I'm familiar with US law when it comes to this situation, and in the States if a landlord does not return the deposit or give reason why within a certain amount of time, they are legally required to return the entire deposit even if there has been damage. I am not typically the type who would try to screw someone in this situation, but I am nearly certain that the landlady and management company are going to try to take the entire deposit (when we did not damage at all-truly only normal wear and tear from living there for nearly 3 years) as they were screwing us the entire time that we lived there.

Thanks again.

Surrey
17-02-2008, 21:41 PM
4. There was an inventory done at move in and upon leaving, but they have failed to furnish us with a copy ...

Can you clarify this bit please? Are you saying that you were not given a copy of the inventory at the beginning, or you have not received a copy of the check-out inventory, or both?

If you did not receive a copy of the initial inventory then the landlord will have little to use if trying to prove the condition of his property, as you did not agree (by signing) that the condition of the items in the inventory was true.

bigguy
18-02-2008, 02:19 AM
We did receive the inventory at check in, we just haven't received anything since check out.

jeffrey
18-02-2008, 09:27 AM
1. Last contract was signed in September 07.

2. £575/week, £2491/month, £29,990/annum.

3. I don't know about the deposit scheme, it's actually the first time I've heard of it. We moved in originally in April 05 and that is when the deposit was given...
Ah. It was a new contract last year, even though renewing a previous one. That was not clear before.
However, deposit did not have to be protected as rent exceeds £25 000 per annum.