Deposit Protection Scheme

[heatherd1409]

My tenancy ends in a week and we are staying on as 'sitting tenants' (I think that's what it's called - the new owner wants to keep us on as tenants). How soon can I request my deposit back from the deposit protection scheme, obviously we need to pay the new deposit to the new landlord, online it says it can take up to 10 days to receive the deposit back, so I was basicaly wondering, can I start the request now and hopefully have it back as the tenancy ends or just after so it's ready for the new landlord.

(I've posted this in two categories as i wasn't sure where the best place would be for it)

Thanks :)

[bednobs]

I don't think so - wont the old landlord need to see you haven't trashed the place before he gives you deposit back?

[sherrardk]

Won't your current landlord just transfer it to your new landlord on the sale of the house.

[heatherd1409]

No they're not doing it as a transfer as the new landlord wants a different amount (less). And the current landlord has already done an inspection and has agreed on no costs as the new landlord is buying as is, so even if there were any damage, which there isn't, he want's it as it stands so there's no money to be taken. We have already agreed that the whole deposit will be returned.

[Zacs-Master]

The bond will just transfer. As will your tenancy agreement.

[Zacs-Master]

Different amount of what? Rent or bond?

[craft1948]

I assume he'll give it back as soon as he has exchanged contracts, certainly not before as the sale may fall through.

[heatherd1409]

No, I know I won't get it before. What I mean is, it's with a deposit protection scheme. Say I reuqest it back today it will take up to 10 working days, can I do that so it is prepared for as close to the end of the tenancy as possible, or do I need to wait until the tenancy officially ends before I can even request it, meaning I will get my deposit back 10 days after the tenancy ends. The deposit amount will be less with new landlord and the agreement will not be passed over we are starting a new one and the deposit can not legally be passed over without permission and all parties have agreed it will passed back to myself so I can give the new amount to the new landlord.

[Buenchico]

Please see my post (on your other thread) about the two types of deposit scheme. (It might mean that you need to do nothing at all - other than, possibly, to remind your current landlord to fill in the transfer form).

[heatherd1409]

Thanks BC, it's not an insured deposit scheme, but it is not being transferred, we do not want it transfered due to many many issues have have faced so far. Everything is getting started from the start again. New tenancy agreement, new deposit scheme, new everything, the question was can I apply in advance to get deposit for end of tenancy or do I have to wait for end of tenancy before I can even apply for it for the deposit protection scheme?

[Buenchico]

You can apply whenever you like. The landlord doesn't have to retain a deposit (under any type of scheme). You could have asked him for it back the day after your tenancy started; he could only say no!

Ask now and your landlord should return the money to you as soon as it's clear that he has no further interest in it. (i.e. when the tenancy is transferred and your old landlord is confident that he won't get a bill from the new one because you've trashed the place!)
;-)

Chris