Landlord did not protect deposit

GreenIsle · 2022-12-01T10:58:40+00:00

Myself and DH just moved out of a long term rental. I had asked my landlord for an update regarding the deposit. He advised that he will come back to me next week when he has had the chance to view the property. It turns out though that he never protected our deposit, where do we stand if he try's to dispute any costs and what can we do here. It was after 2013 so should have definitely been protected.

TwoBlueFish · 01/12/2022 11:00

www.citizensadvice.org.uk/housing/renting-privately/ending-your-tenancy/taking-your-landlord-to-court-if-they-havent-followed-the-deposit-rules/

WeepingSomnambulist · 01/12/2022 11:01

You can claim back 3 times the deposit amount as compensation.

There are template letters before action online. Send him one telling hill what amount you will accept from him to avoid taking him to court.

You will win. There is no defence. So send him the letter.

C4tastrophe · 01/12/2022 11:02

Ask for 3x the deposit.

Original poster

GreenIsle · 01/12/2022 11:09

We have had a good relationship with our landlord, he is usually reasonable so I just want my initial deposit back. The property was left in good condition apart from a chest of drawers and a desk that broke however they were about 10 years old and very wobbly so is this wear and tear.

OP posts:

C4tastrophe · 01/12/2022 11:14

So tell home you want the deposit back in full and immediately.
Any deductible will result in legal action.

WeepingSomnambulist · 01/12/2022 11:14

If he hasnt protected your deposit then he isnt a good landlord and he wont be to the next people.

If he died tomorrow, youd have to fight for that money from his estate because it isnt protected and ring fenced for you.

If landlords dont follow the law then they are not good landlords. And the only way to make them all follow the law is for examples to be made and every time they dont protect the deposit, they have to pay out 3 times as much.

FaazoHuyzeoSix · 01/12/2022 11:16

you have the right to 3x your deposit back if they fail to use a deposit protection scheme. get the wheels in motion for formally claiming this but let him know you'll be happy to call a halt to these proceedings if he quickly returns your deposit in full plus a little more to cover the admin and stress brought about by this failure, but that if he doesn't do this you will hold out for the full 3x amount due because of the additional distress and inconvenience he is choosing to cause you.

Wiluli · 01/12/2022 11:48

Take him to court and you will normally get 3x the deposit . At this stage if it’s already delayed I would not alter the procedure even if they have the deposit back

Original poster

GreenIsle · 01/12/2022 12:05

Our rent was paid up to today however we left the property and handed the keys back 2 weeks ago. How long does he have to pay deposit back.

OP posts:

TwoBlueFish · 01/12/2022 14:07

It should be returned within a reasonable time (around 10 days) of your tenancy ending. I’d email the landlord and ask for it back, that way you have something in writing.

CamillasToe · 01/12/2022 17:59

I'd be getting on to that if you've already moved out. He might be a nice bloke but he still hasn't protected your deposit and is dragging is heels about paying it back. I would let him know you're prepared to follow the official route to getting it back and see if that motivates him

Parasolparaiso · 01/12/2022 21:14

Hi Op, it’s amazing how many landlords don’t know their responsibilities. I would inform your landlord that you know that he did not protect your deposit in a government scheme and he needs to return it 100% in full ASAP as you have already waited 2 weeks. Don’t accept any deductions he might propose, your landlord has messed up here. He would be very foolish to mess you about quibbling on deductions when he did not protect the deposit and you are entitled to make a claim for x3 the amount. There isn’t any excuse for a landlord not protecting a deposit within 30 days. Did you rent directly with the landlord or was there a letting agent involved?

20questions · 01/12/2022 21:25

If he has been a good and fair landlord then why be malicious just because you can be!
Yes - he has made an error but if he has generally been decent, then be decent back. Just point out his mistake (yes - he should know better!) and say that you will be expecting your full deposit back within 5 days.
I expect a lot of angry and outraged responses to this post but don't screw someone just because you can!

JustLyra · 01/12/2022 21:30

GreenIsle · 01/12/2022 12:05

Our rent was paid up to today however we left the property and handed the keys back 2 weeks ago. How long does he have to pay deposit back.

I would email him and tell him you expect the full deposit back within 5 working days.

I would say in tbt email that you are aware that his error in not protecting your deposit means that you could go to court and claim back up to 3x the deposit, but that all you want is a timely return of your money.

He’s not a good LL. good ones don’t forget their legal obligations to protect their tenants monies.

Original poster

GreenIsle · 10/12/2022 11:35

Just to update so landlord advised he would contact me at the start of the week regarding deposit. It's now 6 days later and no word. I have messaged today to ask if he managed to check the property before the new tenants have moved in because by the messages it appears almost like he was waiting on them updating him on the condition of the property the new tenants moved in a week ago.

Waiting on him to reply.

OP posts:

Wiluli · 10/12/2022 11:52

He is probably waiting for his new tenants to pay him . This is not ok . You really should take him to court and make you and the new tenancy’s a favour by not supporting unlawful practices

Iknowhim · 10/12/2022 11:55

I would message him giving him 24 hours to repay.

If he does not return, you'll be reporting him for not protecting it.
Then I'd report him anyway.

Or if you can afford to wait, just report him.

BoobsOnTheMoon · 10/12/2022 11:57

You can start a money claim online for the deposit plus the 3x penalty for not protecting it! Just do that, right now, and email him saying sorry you left me no choice.

ProudThrilledHappy · 10/12/2022 11:59

He is waiting for his new tenants to pass their deposit on to you, which means he has no intention of following the law to protect their deposit either.
Stop waiting for him and send the letter, he shouldn’t be renting if he isn’t going to abide by the law and respect his tenant’s rights.

Justthisonce12 · 10/12/2022 12:02

To be honest, he had his chance to pay you that money back. The moment has passed now and I say that as a landlord myself that really is the dumbest thing I’ve ever heard of because you don’t actually physically even have to put the money into any sort of account. You just pay an insurance policy that I think cost 30 quid to protect the funds.

Supernormative · 10/12/2022 12:06

He's not a good landlord and doesn't care about the law. Write to him saying you know it wasn't protected and he has 3 working days for the full amount to be in your account or you'll start proceedings to get 3x that back. He has absolutely no defence. You've nothing to lose.

IncessantNameChanger · 10/12/2022 12:06

Wow. I woul remind him that it should have been in a deposit scheme and point him to the laws in deposits. Then say that unfortunately unless he replies you will be seeking legal advice first thing on Monday and mention the 3x repayment. Then go to citizens advice on Monday.

This isn't OK. I'm a landlord, I never had my tennants deposit. That's there money they need to move with

IncessantNameChanger · 10/12/2022 12:07

If he hasn't got the deposit that's tough shit for him btw

FrippEnos · 10/12/2022 12:10

20questions · 01/12/2022 21:25

If he has been a good and fair landlord then why be malicious just because you can be!
Yes - he has made an error but if he has generally been decent, then be decent back. Just point out his mistake (yes - he should know better!) and say that you will be expecting your full deposit back within 5 days.
I expect a lot of angry and outraged responses to this post but don't screw someone just because you can!

He has not made an error, he has broken the law.

I expect a lot of angry and outraged responses to this post but don't screw someone just because you can!

He has screwed over the OP.

TheCatterall · 10/12/2022 12:12

Enough waiting @GreenIsle use the advice given here and send him a letter/email/text…

www.citizensadvice.org.uk/housing/renting-privately/ending-your-tenancy/taking-your-landlord-to-court-if-they-havent-followed-the-deposit-rules/

we rent several properties and always protect our tenants deposits and I advise anyone struggling to make clear to landlords that you’ll be doing the above process. It’s amazing how fast most landlords ‘find’ a deposit at that point.

did you takes photos/videos of the property before you left?