Landlord's done a runner with my son's tenancy deposit

[C1210]

My son let's call him Tom and his friend lets call him Bill rented a flat as students for a year from a private landlord. Their tenancy completed about 5 weeks ago. We have been trying to contact the landlord to recover the deposit. We have tried to search on all 3 tenancy deposit schemes and cannot find any trace of it being protected. Also he did not provide incoming or outgoing inventory. He did not provide his contact address. All we have is his mobile no and email address and the bank account details where they have been paying the rent. The last few text messages he claimed to be very ill and in hospital. This has all the hallmarks of a fraudulent landlord. My question is how do we bring a small claims against him if we do not have his address?

Also, did the friend get the deposit back from the original let, and then repay it for the renewal? Or did it carry through upon renewal? If the latter, I'd have thought the letting agent have a level of responsibility for ensuring it's return?

@PotteryLady the landlord said to leave the keys in the flat and that his agent would pick up the keys. And that we did not need stay until he came to pick up the keys!! Meanwhile he claimed to be very ill in hospital having ardous treatment ! And after a week said that we must not contact him directly as he claimed harassment when I asked him the deposit scheme number. A few months before he had mentioned to my son's friend that he was looking to sell the place. Have checkea few property selling sites ...nothing there!!

@foobio will look into this... GDPR protects from being scammed and scammers !!

Next time tell your son to tell the landlord to take the deposit in lieu of the last month of rent. They're usually the same amount. All landlords steal deposits. All of them. Sorry he's learning the hard way.

Who's the agent? Do you know? I would be camping out there until you get it back - but I'm an awkward sod!

Say you will get a solicitor to put a charge on the property and restrict him from selling unless you get the deposit back.

@Blackbirdblue30

“Next time tell your son to tell the landlord to take the deposit in lieu of the last month of rent. They're usually the same amount. All landlords steal deposits. All of them.”

This is terrible advice. And it is simply untrue. Do not do this!

Change the locks - he gets the keys once they get the deposit, plus lock changing costs,

Fair enough, but ime keeping the last month rent and leaving them the deposit instead (providing the place is genuinely left as you got it) saves situations such as this from happening. Small claims court can take a very long time and even then can't force them to pay up. Who needs the drama and expense? I had a literal millionaire landlady try to steal a deposit for no other reason than greed. Erring on the side of caution and self-preservation, with the idea that your landperson is quite probably a greedy thief is the way to go, but I accept that others (who may not be as burned out by scumbag landlords) may not share that opinion.

@Blackbirdblue30 @PotteryLady. I am sure there some good and reasonable ones but very few. Also I would be camping out there too except don't live locally and have to go to work. this is very widespread issue
www.propertywire.com/news/uk/lettings-deposit-system-uk-described-broken-need-urgent-reform/

Also I feel the deposit schemes are funded by the landlords so there is a conflict of interest more likely find in favour of the landlord than tenant in case of any doubt!

Can you call round at the flat and see if anyone lives there now who might have details?

Tried putting his mobile number into Facebook?

@GreasyFryUp yep tried all different combinations. He's sooo 'clever' ... Has got every trick in the book !

“Next time tell your son to tell the landlord to take the deposit in lieu of the last month of rent. They're usually the same amount. All landlords steal deposits.”

Deposits don’t work like that. Most landlords will tell them to look elsewhere, if that’s what they want to do.

No, no they don’t. What a load of BS?!

@Blackbirdblue30 I don’t think you realise the law changes surrounding tenancy deposits and the deposit schemes.

Sounds like an illegal sublet

Id get in touch with property owner who may well have a deposit from named tennant or insurance that would pay out.

Happened to my brother. If your son happens to be in london i can get name solicitor he used.

Rental is a very small specific area of law. Not many out there who specialise in it.

@Blackbirdblue30

And then you fall on your arse when you need a referance from them.

Everywhere ive rented has required 2 referances from previous landlords.

Also deposits are usually 6w rent so why would you give them the extra?

Also the landlord doesnt have the cash if its protected.

Silly advise!

We don't have deposit protection schemes (dublin🙄) so ime the landlord just rubs their hands and keeps it.

Contact the landlord via another phone number as 'Bill's friend's friend' and that you are wanting a flat for next term, is it available. And see if by stringing him along till he believes you, see if you can get a postal address to drop the cheque for depost that your mum is going to give you

Have finally managed to resolve this issue. I used this company
DepositDispute DepositDispute Most professional and helpful. And got a positive result.

Shelter are very good at giving advice on legal issues with tenancies, give them a call and then should be able to help advise on next steps.

Oops sorry I hadn’t rtft to the end! Glad it’s sorted.

Brilliant news

Blackbird your comment is ridiculous.