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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9860
Experience:  I have been practising for 30 years.
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I rented a property, but I can't get a deposit back. Deposit

Resolved Question:

Hi,
I rented a property, but I can't get a deposit back. Deposit is not returned now for 30 days. I just got a list what has to be fixed, but as I know, it should be sorted out within 10 working days, not a month? What are my options to get full deposit back?
Submitted: 1 year ago.
Category: Law
Expert:  F E Smith replied 1 year ago.

Do you know whether the deposit was protected in a recognised deposit scheme?

Were you given those details?

Have you filed a dispute with the deposit scheme people?

Is there a reason why the deposit is not being returned to you?

Customer: replied 1 year ago.
Hi,yes, it was protected. The advice I have got when I called to my current deposit scheme, was to register a claim. As they have told me, they have no legal power to return my deposit back, until both sides agree on it. I personally am unsatisfied with the way how I was treated when I tried to get a deposit back. I didn't file a dispute.I wasn't given a reason for 30 days. Now I could get part of my deposit back, but I disagree with the document, which claims what was not done in the house before I left. For example pet hair on curtains (I never had a pet in the house even visiting, stains on the carpet in a room, which was empty for all 6 months and etc. So I am trying to get full deposit back as I am sure that the check which was done in that house is done to get money out of me, costing me more then 600 pounds. I hired a professional cleaning as well before I moved out and sent a check to the letting agency. I paid 500 pounds for cleaning services and I am sure that at least 2/3 of what was listed, was perfectly cleaned.
Customer: replied 1 year ago.
In total, I would like to know is it legal not to return deposit back within 10 working days and to do not give a reason why it is not returned?
Expert:  F E Smith replied 1 year ago.

Thank you.

My suggestion would be to agree to whatever is being put forward by way of returning the deposit to you to get as much from it is you can but only agree under pressure/duress.

Then, you take the landlord to court for the balance of the deposit through the Small Claims Court. There is nothing which stops you going to Small Claims Court after you’ve had part deposit back from the scheme.

Remember that the small claims process can take up to 12 months. There is no way of speeding that up.

Customer: replied 1 year ago.
Hi,but I still don't get an answer is it legal to act in a way how it was done in this case. I mean to do not return deposit and inform a tenant within 10 working days?
Expert:  F E Smith replied 1 year ago.

The 10 day rule only applies if there is no dispute. If you cannot agree with your Landlord as to how much of your deposit should be withheld then the two parties have the right to go to alternative dispute resolution. This service is provided free by the scheme protecting your deposit.there is no statutory timescale for that.

Or, as already mentioned, you can take the landlord to the Small Claims Court.

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