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Landlord not protected deposit

11 replies

Nachoproblem · 30/09/2022 12:57

Not sure if in the right place but
Landlord says he hasn’t protected our deposit in DPS scheme.
What are our rights? We move out in a month and I’m worried.

OP posts:
OurChristmasMiracle · 30/09/2022 12:59

Depending on when you moved in you could take him to court for failing to protect the deposit and be awarded up to 3 times the deposit amount

Nachoproblem · 30/09/2022 14:02

OurChristmasMiracle · 30/09/2022 12:59

Depending on when you moved in you could take him to court for failing to protect the deposit and be awarded up to 3 times the deposit amount

It was 2019

OP posts:
Caterina99 · 30/09/2022 14:27

Do you think he will refuse to return it? I’d make sure I had all possible paperwork relating to the deposit and wait and see what happens.

He basically has no leg to stand on if he won’t return the deposit and he hasn’t put it in a scheme. if you point this out to him then most likely he won’t fight it and will just return the full amount to avoid that hassle.

icelolly12 · 01/10/2022 14:59

If your deposit isn't returned in full just threaten to go through Court to get it back as he is legally obligated to protect it.

MochaHoldTheMilkAndCoffee · 01/10/2022 15:11

Is it an AST that you have?
Has he registered in another scheme other the The DPS such as the TDS etc? There's more than one scheme

Idontdoyoga · 01/10/2022 15:12

He has broken a cardinal rule. It is a legal requirement to protect tenant deposit in a recognised scheme & you should have an on line or virtual certificate to prove it.

You can drop him in deep doodoo for this.
As above, if he tries to keep back yr deposit for any reason, you can threaten court for his oversight & he might get fined many times your deposit.

Do your research on this. There are Govt rules for this with no get around for him.
His type tarnish the reputation of responsible landlords who follow the rules.

If you are moving into a different rental there’s a whole list of actions & papers a landlord or his agent must supply you with. Look it up! Get yourself up to speed, it’s in your interests to do so.

JustAJokeLikeOnTopGear · 01/10/2022 15:29

In that case he'll find it very difficult to withhold any of it because he's acting illegally and you can legally pursue it.

JustAJokeLikeOnTopGear · 01/10/2022 15:30

He's probably not declaring the tax on the income and that's why he hasn't done it, he's got a lot to lose so you hold the upper hand.

fallinover · 01/10/2022 16:07

The person who should be worried is your landlord.
If you choose to play nice you can just accept your full deposit returned and not report them.
Anything else and they are in a lot of trouble and you stand to gain more than your basic deposit.

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