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Help with landlord deposit?

6 replies

AMummyFromNotts · 14/01/2014 14:34

When moving into a flat, I paid the deposit as asked and paid any rent monthly.

I have now came to the end of my tenancy and handed in the notice as usual and paid any outstanding rent by direct debit .(paid direct debit for proof of payment)

The landlord arrange to meet me at the flat for keys but failed to turned up alongside this ,I also am aware my deposit wasn't protected in a scheme or anything .

I haven't mentioned anything about my deposit but I think rightfully i should be entitled to this back as there been no damage to the property anyways.

Because the deposit hasn't been protected or there no proof of me paying it ,I am worried whether I have the right to say anything or not?

Please could anyone give me any advice on if I am entitled to this deposit ,or the process I need to take in order to rightfully get the deposit back..
But as far as I am concerned he has failed to also mention anything about it ,which suggest he most probably don't have any intentions in paying me this back.

OP posts:
tiredoutgran · 14/01/2014 16:14

When did your tenancy start? If it is covered by the Localism Act (after April 2012 I think) then he legally had to protect your deposit with an authorised scheme AND provide you with the Prescribed Information within 30 days of you paying the deposit. If he hasn't done this then you are entitled to the return of your deposit (less any agreed deductions) plus you can claim for 1-3 times the amount of the deposit as compensation for him failing in his obligations.

How long is it since your tenancy ended, if more than a couple of weeks then I would write to him asking for the return of your deposit, get proof of posting from the post office, give him 14 days to reply. If you don't get a reply then you have a choice of either going through a solicitor or taking him to Court yourself through the small claims track to recover your deposit. The compensation couldn't be claimed through small claims but I think this may have changed now, you would need to check further into it. The compensation is mandatory so providing the LL cant prove that he did protect the deposit and serve the PI the Court will award it. Have a look on Landlordzone forum for more information on this.

UnexpectedItemInShaggingArea · 14/01/2014 16:16

What gran said. Perfect advice.

Did you get a receipt for your deposit? Or do you have a cheque stub or other evidence that you paid?

TheDrugsWorkABitTooWellThanks · 14/01/2014 16:17

This reply has been deleted

Message withdrawn at poster's request.

specialsubject · 14/01/2014 17:56

deposit protection came in about 2007. The landlord has broken the law.

you need to take the steps outlined above to sue him.

AMummyFromNotts · 15/01/2014 09:35

Basically I am posting on behalf of someone else tbh

I been asking them and said that your landlord has broken the law but they wasn't taking me to seriously ,they was going to leave it as they think it too much messing around but I said no they need to fight for this back as this is why the landlord been mistreating people because no1 does anything or stands up to him .

The flat was in a very poor condition ,which is another reason why I am pushing them to take things further .this guy isn't short of money at all and for years and years he sat there collecting people hard earned money and never put any money back into the properties he rents he seems to have a lot of foreigner tenant who don't know better that he taking advantage of basically.

Also I took the same person to housing aid and also said he broken the law and I was corrected by the women saying the landlord hasn't . No offence but what sort of advice is that ,she working in a place where she meant to know all this stuff but yet fails to give people the correct advice to work with .

I believe they do have a tenancy agreement but it finding that first.
But if very clear this landlord has no intentions of paying this back as he hasn't met for the keys and I believe he just expecting them to but pass on to someone else. Also the key he was going to return was just the key to get into the building, so it not exactly all that important for the landlord to get them back .

OP posts:
Unexpected · 15/01/2014 10:49

This is quite confusing! When was the landlord supposed to turn up? Yesterday or weeks ago? Has the tenant made any effort to contact the LL subsequent to them not turning up?

You mention a tenancy agreement - has the tenant lost that? And why would the landlord only want the key to the building returned, not the keys to the flat itself?

Does the tenant have any proof of paying the deposit? Did they get a receipt, how was the amount paid? Has the rent always been paid by DD or just the final payment?

The issue of the poor maintenance of the flats is separate to the return of the deposit and if the tenant has now left there is no point trying to drag that issue into matters.

Why exactly did Housing Aid say that the law hasn't been broken and what did they advise you to do instead?

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