Landlord trying to steal deposit

[Nala1982]

Would be very grateful if anybody more knowledgeable could give me some advice on this. We found the property through a letting agency - we paid the fees. On arranging the key collection, we are told that the landlord did not want the agency to manage the letting and would be doing it privately. I wasn't keen on this at all but quite frankly it was too late to back out.

It was all chaotic from then on. There was no inventory when we got the keys. There was some pieces of old furniture there. The landlord said they hadn't had time to move them but to throw anything away we did not want which we did.

Our time there hasn't been great. We have had a lot of leaks. landlord complained about constant call outs which were costing her money (we asked her over 3 or 4 times at most all about the same thing). We had to call the fire brigade out once because of an electrical issue which she tried to blame on us but the electrician said it was not our fault.

Now we have moved out. We left the house clean and tidy and she had no issues when handing back the keys. However, now the agency tell us she doesn't want to give us our deposit back. She says a piece of her furniture is missing (she said we could throw anything out we didn't want). Again, I repeat she hasn't done an inventory. She also says we have not checked the heating (the heating goes off every now and then as the water pressure drops and it requires topping up) - it was working on the morning we left as we used the hot water. This is due to their boiler which is not our fault.

To top it all off, she has not put our deposit in a protection scheme which is illegal. The agency want her to ok it before they give us back our deposit. Advice please?

[PreciousVagine]

If it's not in a scheme, you can take her to court for three times the amount or something like that. Remind them of that and see what they say.

[Gide]

And next time, get everything in writing and sign a proper contract with an inventory. Ensure the contract talks about the deposit protection scheme being used.

[ReallyTired]

Sue her for 3 times the deposit. She cannot make any claim on your deposit if she has failed in her duty to protect your deposit. The law is very clear and you can sue in the small claims court and win. If necessary she can sell her property to pay you the money she owes.

[winkywinkybumbum]

Even if your deposit was protected, as there is no inventory then she is unable to prove what was left when your tenancy started.

[caroldecker]

Give them 5 days to return in full or you will go to small claims court Shelter advice.

[19lottie82]

Write her a letter informing her that she has broken the law by not protecting your deposit, and this is punishable by law, including being made to pay back up to 3 X the original deposit. However, you are willing to overlook this as long as she returns your deposit, in full within 7 days. If not she can expect a court summons.

reallytired, the OP can claim UP TO three times the deposit, but TBH getting back more that the original deposit, plus costs is rare.

[maddiesparks]

I think it is actually illegal for the landlord not to put the deposit in a protection scheme? Your agency should be well aware of this and they have been negligent as agents by not ensuring your deposit was protected. As a previous poster has said if you take her to court for withholding the deposit she will actually be liable to pay you three times the amount of the deposit and all the court/legal fees incurred if she is found to have no reasonable ground to withhold the deposit from you.

[Nala1982]

Thank you for the advice everyone.

[JazzTheDog]

I had a landlord that tried this earlier this year. I wrote a letter stating all the above about deposit protection and asked for details of the scheme so we could use the mediation service for items we disagreed on.

No reply from landlord but a bank transfer of the deposit within the week.

[PHeadPH]

HERE is the .gov.uk info page on hat to do if your landlord doesn't protect your deposit

Whatever you do please don't let him/her get away with it.

[Topseyt]

I am a landlord.

Ditto what others have already said about the deposit. She had a legal obligation to lodge your deposit with one of the government approved agencies for protection. If she has failed to do so then you can sue her for three times the original deposit plus court fees.

Write to her saying that you will di that if she doesn't return your deposit.

In future, get everything in writing before doing anything.

[EBearhug]

Next time you move in somewhere, as well as getting everything in writing, take photos of everything, particularly of any pre-existing damage or wear and rear.

[specialsubject]

Sue her sorry arse if the deposit doesn't come back in full. The law is there to stop this kind of rip off. Take no prisoners.

Even if she had protected it - no agreed inventory, no deductions.