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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To wish landlords keeping deposits would be taken more seriously

11 replies

Overpluckedmyeyebrows · 08/06/2024 09:04

I was told I'd receive my £250 deposit by April 18th, it's now 8th June and nothing.
They also didn't protect my deposit in any scheme and lied to me about why I couldn't see the certificate, claiming 'confidentiality' reasons

It's a load of BS, I can only see my deposit being protected, it doesn't compromise the privacy of other housemates whatsoever.

I've now gone via a solicitor, they ignored the letter from my solicitor offering a deal that they had 3 weeks to reply to, case is now going to court.

If he went into a shop and stole £250 worth of items or a bank and stole an equal amount, it would be classed as an offence and on his criminal record. Why is this ok?

Would the police even do anything? I do have written proof, £250 might not be much to many but it is to me.

OP posts:
Overpluckedmyeyebrows · 08/06/2024 09:06

I have all the proof I paid my rent on time, kept it in excellent condition, didn't damage anything etc.

OP posts:
Candleabra · 08/06/2024 09:06

No idea, and I’m sorry for the mess you’re in. Presumably it’s costing a lot of money to take this to court - will you get your costs back?

Overpluckedmyeyebrows · 08/06/2024 09:10

Candleabra · 08/06/2024 09:06

No idea, and I’m sorry for the mess you’re in. Presumably it’s costing a lot of money to take this to court - will you get your costs back?

It's a small claims court and a no win no fee thing, they will keep 25% but I'll still get money back as opposed to receiving £0 so it's something.

I don't understand all this for £250, I'm presuming he's hardly destitute, and he can do without £250. Presumably he's done this to a few people though and it'll add up.

OP posts:
lottiegarbanzo · 08/06/2024 09:16

Well done for taking the legal route. You ll may end up being fined more than the deposit amount, which might make a difference to their future behaviour.

LL like this do it because most of the time they get away with it.

WrylyAmused · 08/06/2024 09:18

If he hasn't protected the deposit in an approved scheme that's an offence and you're entitled to a multiple of the deposit in compensation.

Haven't checked the legislation for a while, but make sure you discuss it with your solicitors and that they go for the full financial penalty that's permitted under law, as in a no win no fee that'll benefit you both.

Overpluckedmyeyebrows · 08/06/2024 09:19

Thank you! I just can't believe the audacity they have to ignore it when they know full well they've broken the law.

OP posts:
Luckoftheirishx · 08/06/2024 09:19

Hi - years ago when i worked in residential
property letting the deposit HAD to be protected via a scheme or the landlord would be liable for 3x the deposit.

I think it took about £300 to take the LL to court but you can then claim that money back from the landlord on top of the protection fee. Hope you get that result! It’s one of the most basic parts of being a landlord! Good luck x

marmaladeandpeanutbutter · 08/06/2024 10:24

Read the party wall act, and threaten them with it. They have to return it. When my son was in this situation I found tons of relevant information on google about it.

Hoppinggreen · 08/06/2024 10:29

Party Wall act? isn't that to do with building???
It sounds like OP is in an HMO and if they are classed as a Lodger then there isn't the same requirement to protect the deposit.
Sounds like you are taking the right route OP, I hope you are successful

Longtimelurkerfinallyposts · 08/06/2024 10:50

YABU
it's nothing to do with the police, but it is something that can be dealt with in the court. if they can't prove that they put your deposit into a proper recognised tenancy deposit protection scheme, they are liable to pay you compensation, return your deposit and cover your court costs. so this will end up costing them a lot more than iit otherwise would have donw, and you'll do quite well out of it. pity about agreeing to give a cut to the solicitors...

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