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Original poster

Landlord did not protect deposit

105 replies

GreenIsle · 01/12/2022 10:58

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.

OP posts:
NoWayRose · 10/12/2022 12:15

Then good news, you’ve just won the lottery. Ours did this and we got 3X back via small claims. Almost felt guilty it was such easy money.

Parasolparaiso · 10/12/2022 12:16

Hi Op

That is disappointing that he still hasn’t returned your full deposit yet. At this point, I too would do what BoobsOnTheMoon has suggested, start an MCOL for 3x the amount. The landlord has had more than enough time to realise his mistake and rectify the issue by returning your deposit 100% in full.

In this instance, the landlord faffing around checking the property condition has no relevance to him not protecting your deposit and returning back to you in full asap. Landlords like this who don’t think the laws apply to them should not be landlords. I’m guessing if he hasn’t protected the deposit then he probably hasn’t been paying HMRC from the rental income either, I know HMRC use data from the deposit schemes of who is making money from renting out property.

Original poster
GreenIsle · 10/12/2022 12:17

I have all the photos from the property company who put the house up for rent. I also have texts from the landlord in which they advised him the house was in a great condition.

I don't have my landlords email or even his address because he moved house a few years ago and he has never asked us to sign any updated contacts, it was on a yearly basis so we really should have been renewing each year.

It's a bit of a mess now, I am usually so on the ball with paperwork and things.

OP posts:
Original poster
GreenIsle · 10/12/2022 12:18

*contracts

OP posts:
MadeForThis · 10/12/2022 12:19

If he hasn't replied by Monday you need to get firmer. Text to say that you need the deposit back by Wednesday or you will have to start proceedings to claim it back.

Original poster
GreenIsle · 10/12/2022 12:26

I just checked the landlord registration scheme and he is not on it. I am in NI if it makes any difference.

OP posts:
ShellsOnTheBeach · 10/12/2022 12:31

Who did the inventory and check-out? They must have the landlord's address.

In the meantime, text him a LETTER BEFORE ACTION regardinghis failure to protect the deposit. Templates can be found online.

LandlordZone is a useful resource. The landlords who post in the forum are very helpful to tenants - not just landlords.

C4tastrophe · 10/12/2022 12:33

Just start proceedings and blank him.
He’s had his chances. Or tell him if he settles by Weds you’ll accept double, as a gesture of goodwill.
Don’t forget, you cannot lose taking him to court.

handslikebirds · 10/12/2022 12:37

When this happened to me Citizens Advice called him for me and threatened him with the 3x payback and I got my money the next day. Maybe ring CA and see if there's anything they can do?

Original poster
GreenIsle · 10/12/2022 12:37

The initial inventory was just checked by myself and I signed the contract back in 2013. The house has been managed the whole time by the landlord so a property company has not been involved since that time.

Thank you for al the advice so far.

OP posts:
Original poster
GreenIsle · 10/12/2022 12:38

I just checked myself out of the house and he wanted me to leave the keys at the back of the property to pick up himself at some point.

OP posts:
viques · 10/12/2022 12:39

GreenIsle · 10/12/2022 12:17

I have all the photos from the property company who put the house up for rent. I also have texts from the landlord in which they advised him the house was in a great condition.

I don't have my landlords email or even his address because he moved house a few years ago and he has never asked us to sign any updated contacts, it was on a yearly basis so we really should have been renewing each year.

It's a bit of a mess now, I am usually so on the ball with paperwork and things.

Wow, he doesn’t seem to think landlord /tenant legislation applies to him. I bet he hasn’t informed his mortgage company or insurers that he is renting out the property either.

You have had some good advice on this thread, I hope it all ends in your favour. Once it has then it might be the time to give the new tenants the heads up so they can ensure their deposit is protected.

SpottyBalloons · 10/12/2022 12:41

Genuine question - how does a tenant find out whether the landlord protected their deposit or not?

Original poster
GreenIsle · 10/12/2022 12:49

SpottyBalloons · 10/12/2022 12:41

Genuine question - how does a tenant find out whether the landlord protected their deposit or not?

You can contact the tenancy deposit schemes and they run a check for you. In NI there is only 3 companies so easy enough.

OP posts:
Original poster
GreenIsle · 10/12/2022 12:50

If I was to contact someone legally what type of solicitor would it be that I need.

OP posts:
Precipice · 10/12/2022 12:50

You ought to have had a notification from the deposit scheme itself. But the lack of this does not necessarily mean it's not in one of them.

When you move out, it becomes more obvious. If the landlord wants to transfer you anything, it was unprotected. The way it works through the schemes is that they're notified about the end of the tenancy, the landlord suggests the amount due back to you, and you either accept it or refuse it (unfair deductions).

SpottyBalloons · 10/12/2022 12:52

@GreenIsle Thank you, that's really handy to know. I hope you get sorted soon.

Parasolparaiso · 10/12/2022 12:52

Shelter has some letter templates to send to the landlord. Click the first line “Ask for your full deposit back and claim compensation” for that template -

england.shelter.org.uk/housing_advice/tenancy_deposits/how_to_make_a_tenancy_deposit_compensation_claim/deposit_compensation_letter_before_court_action

Supernormative · 10/12/2022 12:53

You don't need a solicitor. Fill in the template and text or email the letter to whatever contact details you have, plus the last address you have for him. Contacting the CAB is a good idea too.

RoseValleyRambles · 10/12/2022 13:07

We had this. Once the agent realised they were very quick in returning a previously disputed deposit. I'd write to them saying you will expect full deposit back within X days or you will be pursuing for the 3x amount.

IncessantNameChanger · 10/12/2022 13:46

Agree you don't need a solicitor just CAB. If he gets wiff that your going for 3x the deposit he will cough up asap unless he is very stupid. But follow through and if no reply by say this Monday do follow through and go after the 3x if its not in dps. If it comes direct to you, from him that's your proof.

I'd also warn the new tennants once you have your cash in hand.

What a twat

ShellsOnTheBeach · 10/12/2022 14:04

SpottyBalloons · 10/12/2022 12:41

Genuine question - how does a tenant find out whether the landlord protected their deposit or not?

The landlord has to give the tenant the Prescribed Information and Terms and Conditions of the deposit scheme they are using.

The scheme will send the tenant a deposit certificate and Information on how to reclaim the deposit at the end of the tenancy.

All this information and further details are on the DPS website.

Precipice · 10/12/2022 14:42

The landlord has had plenty of time to put it into the deposit scheme. He should have done it in the first 30 days. In fact, he didn't do it ever.

With this situation, I wouldn't be easily satisfied with even just my full deposit eventually returned (not even promptly!). Deposit schemes are a protection for tenants against rogue landlords arbitrarily cutting into the deposit. He has acted to deliberately deprive you of protections you are legally entitled to.

NoWayRose · 10/12/2022 16:58

Seriously I would just go straight for the 3X. It will be awarded automatically. They’ve behaved unscrupulously, so you don’t need to feel bad.

Wiluli · 10/12/2022 23:34

I just wanted to add that even if he pays you your deposit in the next few days you still should take him to court and you will be awarded compensation for the delay .