Unprotected deposit

[JustWantMyMoneyBack]

Currently am in dispute with previous landlord over withholding the entire deposit for minor repairs. Have requested details of the deposit protection scheme he used so we can get some mediation to help. No reply. I have a feeling he didn't use one (I was unaware this was a legal requirement when I undertook the tenancy, so have only just now brought it up). What do I do if the deposit wasn't protected?

[ObsidianBlackbirdMcNight]

Contact shelter for advice. There must be someone you report it to?

[HandbagFan]

You can look it up yourself - there are 3 schemes and you can search them online for a record of our deposit. You should have been given the info from the landlord and the scheme itself should have triggered an email to you at the start, but let's not assume the worst.

If it's not been protected and you are a tenant not a lodger or other resident, you can take it to small claims court ale here if found unprotected you are entitled to a payment from the landlord of up to three times your original deposit.

You don't just get the money though, you'll have to follow the claims process.

Still, an expensive lesson for the landlord to learn!

Suggest some googling to check your deposit wasn't protected, then some reading up on how to claim, then an LBA to your landlord (by post with certificate of postage).

Good luck!

[JustWantMyMoneyBack]

Thanks, I'll get started on the process. I appreciate you taking the time.

[specialsubject]

read the how to rent booklet on gov.uk.

deposit protection has been a legal requirement since 2007. Make sure you know your rental rights. It's the only way to ensure you don't feed a crooked landlord.

[HandbagFan]

Here's a one page guide on what to do...

england.shelter.org.uk/get_advice/tenancy_deposits/getting_your_deposit_back/tenancy_deposit_compensation_claims

[JustWantMyMoneyBack]

Thanks. LL admitted to not securing my deposit, so I'm considering my options.

[ObsidianBlackbirdMcNight]

In writing?

[JustWantMyMoneyBack]

Yes, by email.

[wowfudge]

I would send him a link to something which shows what he end up having to pay and suggest he reconsider withholding any of your deposit as he has broken the law. Have you had annual gas safety checks carried out (if there is gas in the property)? If not, that's a criminal offence he's committed. Sounds like he's incompetent if he's not protected your deposit and admitted it in writing.

[wowfudge]

What he might end up having to pay

[JustWantMyMoneyBack]

Gas checks done. He was v reasonable whilst living there.

[specialsubject]

well, he's not reasonable now. He has forfeited any right to your deposit. Take him to the cleaners.

[ObsidianBlackbirdMcNight]

Well you could either offer not going to court in exchange for 100% of your deposit back or you could threaten small claims if he doesn't agree

[JustWantMyMoneyBack]

He has left things open for negotiation at this point, but so far his communications have been quite angry in tone and have allusions and slights against my character which are unnecessary! I am keeping things civil on my side. I'd rather not take him to the cleaners - just get my deposit back. But of course the law is on my side, so it's really up to his response now.

[specialsubject]

have a look on landlordzone for the threads from the landlord's side of this - and see the deserved roasting they get. There's no excuse. He would be wise to keep you on his side.

the point of the legislation is to stop what he did. No sympathy. (I'm a landlord)

[JustWantMyMoneyBack]

Thanks, special. I'll have a look.

[cdtaylornats]

You might also mention that if he has other tenants whose deposits he hasn't properly dealt with he might want to avoid publicity - like you outing him to the local paper.

[Choughed]

Basically he's screwed. Email him asking for your full deposit back or you will have no choice but to take legal action.