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Help! Land lord didn’t use tenancy deposit scheme

15 replies

Tyler001 · 26/07/2019 16:19

Hi there,

I rented a flat in 2017. Paid £700 deposit via estate agent to landlord. Now moved out.
But am having difficulty getting my deposit esply as landlord didn’t put my deposit in the government scheme.
Land lord has over 20 flats in 4-5 buildings none in deposit scheme.
Want advise on where I stand? What can I do?
How to ensure landlord faces justice for so many tenants being effected.

OP posts:
NewIDNewme · 26/07/2019 16:21

In 2017 it was law that deposits went into deposit scheme.
Pursue the estate agent in the first instance as they brokered the contract.
And report the LL if you don't get your deposit back..

GETTINGLIKEMYMOTHER · 26/07/2019 18:05

Please contact nationalrentersalliance.co.uk

If your landlord didn't use a deposit scheme you are legally entitled to claim 3 months' rent, as well as your deposit.

Please don't let him get away with it, and I say this as a LL myself.

WBWIFE · 26/07/2019 23:04

Small claims court where you will be entitled to 3 x your deposit and hell have to pay court fees back to you too.

I used to work for the deposit protection scheme

squee123 · 26/07/2019 23:14

Go to court, get your three times deposit back and get the local paper to report on it and share on local Facebook groups once you succeed so all his other tenats know to do the same

Artykitty666 · 26/07/2019 23:19

I was looking this up for Scotland today. Seems you may well be entitled to substantially more than your deposit now but you'd have to Google who to report to.

hillsandvalleys · 26/07/2019 23:21

This happened to me. Went to CAB who phoned up landlord, shouted down the phone and money was back in my account the next day. They do not want to be threatened with court.

darkcloudsandsunnyskies · 26/07/2019 23:23

Small claims court is the way to go. What he has done is illegal. You will get your deposit back and more.

Stillstrawberrywater · 26/07/2019 23:25

Yep, tell them you'll take them to court. If they back down and offer to give the money back then blackmail them and development and for 2x your deposit or you will report them anyway. If they do cough up then report them anyway Grin I hate difficult landlords.

wowfudge · 26/07/2019 23:44

Advising someone to use blackmail is not helpful. The OP wouldn't be blackmailing this criminal, they would be asserting their rights. I think it is up to three times your deposit may be awarded by a court where a deposit hasn't been protected, it's not a given that you'll get three times the money.

darkcloudsandsunnyskies · 27/07/2019 00:09

Blackmail does not cone into it. It’s a daft response.

squee123 · 27/07/2019 07:49

Shelter has very good advice and an easy to follow guide on this.

goldpendant · 28/07/2019 23:35

I rented directly through my LL. He didn't protect my deposit, I found out easily - you can contact the three protection agencies and ask or search on their websites. Get it in writing from each that it's not protected, and then inform your agent or LL that you'll be taking him to court unless he'd like to settle.

Judge will take a very dim view on this IMO. My LL offered me 2x my deposit as compensation but I could have probably got the maximum 3x

Shelter website has good template letters

BubblesBuddy · 29/07/2019 02:43

When you move in the LL must give you details of the scheme used. If you don’t get details make a fuss straight away.

wowfudge · 29/07/2019 07:26

That's all very well but no help to the OP here.

KnobJockey · 29/07/2019 22:39

You're the one who's going to be much better off at the end of this!

Shelter have various helpful letters and tactics here

I work for a letting agents that has been on the receiving end of this, albeit through a mistake, not deliberately, and after the deposit had already been refunded in full. It's not fun, and the landlord should absolutely crap himself when he gets any letter through the door. Presuming that he is doing this in all of his properties, he will need to give you ALL of your deposit back, plus up to 3x the deposit again as compensation- a minimum of 1x. So a minimum of £1400, max of £2800. Get writing a letter before action!

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