My Landlord Won’t Give My Deposit Back

Justin Burns wrote this on 2009-01-13 06:58:06 If the deposit was protected in one of the authorised schemes the Landlord should return it (or request the scheme to return it) within 10 days. After this time the tenant can apply directly to the scheme to have it returned. Each scheme offers an alternative dispute resolution although it requires the agreement of both parties - otherwise the dispute goes to court as before. If the Landlord cannot provide evidence of the damage - in the form of an inventory - the deposit will be returned to the tenant.

If the Landlord does not protect the deposit he is breaking the law but in practice the sanction - that the Landlord should pay the tenant three times the deposit amount - is not being imposed so long as the deposit is protected by the time the court date arrives. Some rogue Landlords are becoming aware of this and taking their chances by holding on to the deposit.

As your friend's tenancy has now finished the Landlord can't protect the deposit so it would be interesting to see if an action under part 214 of The Housing Act would be successful. It should certainly force him to return the deposit without any further delay. 1

The Landlord wrote this on 2009-01-13 08:19:03 Ahh thanks for the extra details Justin. I had no idea about the loophole. So basically, Landlords can get away with not using the scheme, as long as they return the deposit by the time the court date arrives?

I guess that still provides protection for tenants.

Many thanks! 2

GillsMan wrote this on 2009-01-13 11:45:39 I had a dickface landlord keep £400 of a £700 when we'd left the flat in better condition than when we entered it. He said he needed the carpet professionally cleaned (it had no more than due wear and tear) and in the breakdown he'd charged us for petrol, phone calls, and "time", which he couldn't do. I wish I'd pursued the matter, but I didn't bother at the time. That was before the deposit protection scheme. 3

Steven wrote this on 2009-01-13 14:44:40 I have been renting for the last 9 years (about 8 properties)- only once have I been given back the deposit properly.

In my experience:
Landlords will usually just say nothing and hope you forget about it in an attempt to keep the deposit. To get my deposit back from my most recent landlord, I sent 3 letters, several emails and several answer phone messages and got no response from any of them. I was living abroad so asked my parents to ring him, which they did and threatened legal action, after another couple of months he coughed up albeit with a large unexplained deduction but couldnt be bothered to argue. In total took 18 months. I know many people who have rented from this guy and got nothing back with no explanation.

The other end of the stick is the landlord/agency who come round after you have moved out and basically say things like "scratch on wall - needs to be repainted" or even "sofa legs have left permanent indentation in carpet - carpet must be replaced". They will carry out totally unnecessary jobs and the costs are ludicrous. Sometimes they wont even carry them out and still charge. One agency paid £1000+ to a cleaning company for a days work cleaning a tiny 2 bed flat. Wasnt suprised to see both companies had the same address! Its basically theft. Another agency charged us £150 to clean the inside of our oven even when I had had it profesionally cleaned before moving out.

Before the scheme, there was basically nothing you could do. Agencies also used to charge £120+ for "reference checks" and after moving into a house one time, I found out NO CHECKS had been done!!

In one flat I rented in Bath, there was admittedly a small stain near the fireplace when we moved in but didnt complain and on moving out they mentioned it and tried to charge us for a set of turkish rugs to cover the stain! We didnt make the stain!

Before this 3rd party holding scheme I basically wrote off deposit and treated any return as a bonus. Landlords get used to having the cash and dont want to give it back and most will do absolutely anything to not hand it over. Agencies are also more than willing to break the law and scam you out of your deposit, hoping that you wont bother taking them to court. Even if you do they will probably get one over on you unless you are meticulous with documenting everything and keeping photos etc.

One time a landlord who knew nothing about computers had trouble setting up his wireless network after we had moved out. He claimed it was our fault as we had used a password on our wireless network for security (we gave him the password) and he spent hours trying to get it up and running apparently. He charged us £30/hour for his time he wasted setting up his own wireless network! 4

Raymond Kirk wrote this on 2009-01-16 14:01:23 I was just thinking about My Landlord Won’t Give My Deposit Back and you've really helped out. Thanks! 5

S Ferguson wrote this on 2009-01-28 10:55:17 Some great advice on here, thanks.
I am currently trying to get back my £700 deposit.When we moved out the Landlord came to collect the keys,we asked him if he was going to check house.But he said he was coming back in a few days time.There was a few minor scratches on wall to be touched up etc.We went to house following week with the Letting Agent and agreed to touch up any paintwork etc.Then after numerous calls to Agent,as Landlord was ignoring our calls.They were waiting on a quote to bring in a Decorator to paint Hall, Living Room etc.We have been told by the Agents we need to sort it with Landlord,but we are getting no joy.Also we were told our Deposit was in the new scheme when we took on the tenancy.Now we are told it was not put in one,as the Agents are only Letting and not Managing the property.Do you have any advice for us,as we are desperate to get back our deposit. 6

The Landlord wrote this on 2009-01-28 11:35:03 Hey S,

Did you give your deposit to the letting agent or landlord? If you gave your deposit to the letting agent, it doesn't matter if they are only letting, they should still have deposited it into the scheme. You may want to point your agents towards the government website covering the issue :)

When a landlord or letting agent takes a deposit from a tenant, the deposit must be protected in a government-authorised tenancy deposit scheme. Otherwise they will be ordered to repay three times the amount to the tenant.

Both agent and landlord have acted wrongly. You shouldn't have been told it was put in a scheme, when it wasn't.

I would write a letter to the landlord, requesting the details of the tenancy deposit Scheme he used(even though you know he hasn't deposited the money into one) and lightly inform him that he should have done it by law, otherwise he'll be liable to pay 3 times the deposit.

If he fails to respond, I'd take him to court. I know someone that claimed 4k on top of the deposit because his landlord didn't use a scheme.

Good luck, and please keep us informed! 7

Nick Mayhew wrote this on 2009-03-04 11:02:30 I moved out of a rented property 3 weeks ago, I left the property in as good a condition as when we moved in and after walking round the empty property with the estate agent to do checks (which they were totaly rude and degrading while looking round the property) I am still waiting for a final estimate of what there taking from my deposit. I'v rang them and they are using the same excuse - they are waiting for the costs of carpet cleaning. surely it doesnt take 3 weeks??
Also, I had to take contents insurance and I didnt renew this insurance on the last month of tenancy so they are saying they have to charge me for an extra month of insurence even though im now not living there anymore - can they do this?
help would be appreciated.
Nick Mayhew 8

Neil wrote this on 2009-03-11 11:31:52 My deposit was not protected under a scheme and the landlord has withheld a substantial amount. The agent checked property and said it was cleaner than when I moved in.

My issue is this: the deposit was paid to the agent. They passed it to the landlord. The agent says that as I never asked for it to be protected it was not.
Is this a loophole? As I understand it the deposit had to be protected.
And is it the agency or the landlord at fault. They are blaming each other. Who do I take to court?
Any advice please?
Neil 9

The Landlord wrote this on 2009-03-11 12:13:45 Hey Neil,

That's not a loophole. Whoever you gave the deposit to is responsible for securing the deposit into a scheme (your agent in this case).

The scheme is NOT optional, it's manditory, so even if you didn't ask for the deposit to be put into a scheme, it doesn't make a difference.

Hope that helps.

Good luck, and please keep me informed.

Kind regards 10

Neil wrote this on 2009-03-12 13:02:04 Thanks for the information.

It is what I thought, but these agents are being very slippery! They have stopped replying to my enquiries. They were happy for me to have a dispute with the landlord, but it is the agents who I must chase.

I've written to them asking for details about why the deposit was not protected. I have had it confirmed in writing from all three schemes that the deposit was not protected.

It would seem a pretty clear cut case. It was an assured short hold tenancy, with a security deposit. So They had to follow the law and protect the deposit in a scheme. Not done it. Therefore the sanction should apply.

I hope that is right. I'm prepared to take this all the way. How many other deposits are they not protecting?

I'll keep you posted.

Regards
Neil 11

Neil wrote this on 2009-03-12 15:12:13 Just to add,

It is possible that I could claim against both agent and landlord. I handed the deposit to the agent. They will likely claim that they passed it on to the landlord.
If the landlord was unaware of the scheme and the agent made no attempt to inform him of it then they have also failed him. They may even have charged him a protection fee and then not done so-this has happened on another website.

Regards

Neil 12

The Landlord wrote this on 2009-03-12 17:45:49 Hey Neil,

I'm not in a position to give legal advice, but i suspect that ignorance of the law is not a defence.

It's the landlord's duty to know the law- how he/she learns it is not in question.

Regards 13

Neil wrote this on 2009-03-12 18:03:34 Yes I think that is very true.

But I really want to get this right. So far I have had legal advice telling me that it is the landlord, and legal advice telling me it is the letting agent. And then I have been told it is both!

I agree with what you have said. Just want to get this right. The agents are a management agent, not just letting. They ensured the rent was paid. A standing order was set up through themselves. So I would go with that. But the landlord has withheld the money. They say that they never held the deposit, he did.

Will let you know what I decide to do. I may name both. They are doing this to others.

Thanks for your reply. If I can have success then I will let as many people know about it as I can.

Regards

Neil 14

The Landlord wrote this on 2009-03-12 18:32:27 One thing is for sure, Neil, you definitely have a case. Your deposit, by law, should have been secured.

I get the impression both agent and landlord are part to blame.

I would seek professional legal advice (perhaps citizens advice) and make your claim.

Please, keep me informed. I will publish this story and help spread the word once the story is complete.

Kind regards 15

Adam wrote this on 2009-03-14 11:45:26 Hi all,

I recently moved out of a property. I asked the management agent a number of times for the scheme in which the deposit was protected, but she has always ignored my requests. I then approached the letting agent for details of the scheme, and they simply said "It is held in our deposit account". It now transpires that it was never held in a proper scheme.

We moved out of the property almost 2 weeks ago, and the management company has claimed that the carpets need steam cleaning (despite the fact that the inventory clerk agreed that there were no further stains on the carpet since we moved in)- just normal wear and tear.
Overall, it has for us been the ultimate nightmare tenancy.

Are we still entitled to claim compensation due to the deposit having never been protected? (We still have not received the deposit back).

Many thanks,
Adam 16

Neil wrote this on 2009-03-14 16:49:22 Hi Adam and everyone else

Firstly with my own situation.... this morning I received a cheque for almost (£20 short) the full amount of deposit. But it was never protected. So maybe I still have a claim. Legally I think so.

Adam

Write to your landlord(agent has to provide address within 21 days of a written request).
Landlord cannot make deductions for normal wear and tear. Ask for properly dated receipts for the work he claims. I asked this and he has clearly s***t himself. They just act on your ignorance of the law.If deposit is not protected he has broken the law. Email all three schemes and they will provide confirmation of any protection or not. Writ to him and ask him which scheme he protected the deposit with. Let him think about this. Make him aware of the sanction (X3 deposit).
He has to provide all info you request either now or in court. It is against the law not to protect a deposit.
And they cannot claim for normal wear and tear.
The scheme was meant to adjudicate in cases of dispute. That's why these buggers don't sign up.
Good luck and keep posting here.

Phew, right if this lowlife gives my deposit back in full do I still have a shout of a claim? Who else is he doing it to?

Regards
As always

Neil 17

Nivia wrote this on 2009-04-01 23:23:27 Hi,
Me and my husband moved out of a rented flat on the 8th of March.
On the day we moved out the landlady went to the flat and checked it and didn't see anything wrong. After almost 10 after we left she wrote to us saying the sofa had a tear on the side and is requesting £210 to cover the damage which we do not agree. We wrote her a letter to let her know about our position in not paying for the damage but she only replied with the copy of the contract highlighted the parts where she had her rights in charging us and nothing else.
Also, she sent a receipt returning the rest of the money deducting the cost of the damage, but all of that after 23 days of the end of the tenancy.
We do not agree with the deduction and also we found out she never put our deposit in a protection scheme.
I would like to know if we can still take her to court to have our money back?
Thank you so much in advance for your help and i hope hearing from you soon!!
Nivia. 18

The Landlord wrote this on 2009-04-01 23:51:41 Hey Nivia,

I'm not in any position to legal advice, but from my experience, since the money wasn't put into a scheme, then yes, you should be able to claim compensation. I don't think there would be any problems there at all.

23 days after the tenancy is a long time, but that doesn't matter, because the money wasn't in a scheme. The scheme is put into place to prevent these issues from occurring. Your landlord has neglected her legal obligations.

Good luck.

Kind regards 19

Dave wrote this on 2009-04-03 10:31:37 Hiya Everyone,

Looks like deposits are a big problem for everyone!!

Ive been living where i am now for 14 months, recently the boiler packed up and we have had no heating or hot water for nearly a week - this in mind and knowing the landlord is an abusive arse we have decided to move on!!

Anyhow we decided that we would use our deposit as the last months rent as we know for sure that the deposit isnt in any scheme - just to make sure that we recoup everything for the added cost of having to buy electric heaters, increased electricity bills etc.

Would i still have a case for anything if i were to follow it up after we moved out for the major inconvenience caused???

Id also like to point out that we have had to have people out several times during the tenancy to "repair" the boiler!!

Many thanks Guys!!

Dave 20

Neil wrote this on 2009-04-07 11:50:27 Update:

Deposit has been returned to me in full. The letting agents just kept blaming the landlord.
So, I've got my money back.

But Watchdog have expressed an interest in the matter. There must be many people in the same boat. And many who do not know about the scheme. It might be worth following this. Publicity could be useful for others.

Let me know and I will reply to Watchdog's producer and try to set something up.

Neil 21

The Landlord wrote this on 2009-04-07 11:59:03 Great news, Neil.

More tenants/landlords def need to know about the scheme- it's in everyone's best interest.

I'm sure there are hundreds of tenants/landlords going through the same drama. 22

shortsite wrote this on 2009-05-21 12:11:53 Hi guys , My Landlady gave me a call last saturday, and stated that she has already viewed our flat (we already left the weeks previous(notice already given in writing and near enough finished unpacking into the new one , and hadnt started on tidying up the other flat, which we had a month to do)This month being May.
She stated that this family would be moving in on sunday and that the place was a mess and that she offered me a deal of giving her £200 and that would be it(we were still to pay her for this months rent). I wouldnt get the deposit back as there was damp in the bathroom , caused by the condensation while me and my girlfriend showered. I said no and she went off it! Saying that we owe her a full months rent , i then said what about the family and she then back tracked and said I dont know when they are moving in...
So annoyed claiming the deposit back for damp damage that she knew about(we told her upteen times and that all her advise was, was to open a window (says it was in the contract that the flat had a damp problem) as we have moved we are still looking for this contract to prove her right, but still . She hasnt gotten back to either me or my gf yet so annoyed, anyone have any advise ?

shortsite 23

stefanie wrote this on 2009-06-02 15:10:51 Hi there,

I've made a claim against my landlord who has kept part of my desposit which I stupidly agreed to in writing. Afterwhich I realized that he hadn't in fact secured the deposit so I made a claim for the rest of my deposit even though I had agreed to the damages caused.

Would I have a good chance of claiming back the rest of my deposit seeing as he never secured the deposit and I did move out over a year ago?

Any comments appreciated.

Stef :) 24

Leane Reynolds wrote this on 2009-06-04 19:45:58 I have just moved out of a one bed flat riddled with DAMP and MOLD all over the place! floors,ceilings,walls,windows and even my bed even and in the kitchen units to say the least alot of damage to my persesions! I would find shoes and clothes with thick layers of green fur on and eventually mold fliesn every-where! This was extremely bad for me and my partners health espically as i have respiratory illness!
However, The landlord deducted £300 from the £700 deposit after we moved out,I returned the keys and she gave me a cheque of a further £350 2days later she phoned to say the cheque had been cancelled and I will not be getting any of m deposit back!!!! she quoted 'The flat was dirty because of us;. THis is so untrue as i cleaned the mold of many of times but was just too much in the end! Surely its her responsiblity to maintain the property, we informed her many of times about the conditions on the mold and failed to do anything about this! The previous tenents also informed me that They moved out because of the same issue! I even informed the private letting envoirnmental health agents to servay the flat landlord failed to inform me of their results.She would never answer the phone or return calls.
I did not sign any inventory and the state of the flat was due to her lack of maintaining the Wall insulation and was a massive promblem befor i moved in, This was a private letting not through a estate agents would this effect my deposit? Also my tenacy finished in march i stayed there till may still payed rent by law She knew the flat was in bad health and still let me rent it !! please some one help me in what to next ,All my things have been ruined and She has taken me for evrey penny she can get! 25

Antony wrote this on 2009-06-29 16:06:31 Hi all,

Thanks to everyone for the information. My girlfriend and I have a similar problem to most people commenting on here with a slight difference. When we moved in we told that there was a slight fault with the back patio doors, meaning we had to place our foot at the bottom while we slide the door across, or else the door wouldn’t close. However 7 months after leaving when we came to close the door, it would no longer budge. As it was a cold November night, we needed it closed but didn’t want to damage it further ourselves so called the landlord. She came round with her partner, who proceeded to slam it, twist it and take it apart over about 2 hours finally slamming it closed.
The following morning we were told that someone was coming to repair it, which they couldn’t do as the doors were about 15 years old and the parts no longer existed. So new doors were fitted and we heard no more about it, until 7 months later and we are handing our keys over following an inspection.
We were told that the landlord had to claim it on their insurance which cost them £250 in excess and that they want £125 as it was us that damaged it. However we disputed this fact first saying that their was a known fault prior to us moving in, any damage we caused was through normal wear and tear, any further damage was likely to be caused by the landlords partner forcing it closed and taking it apart and finally it was 7 months ago and this is the first that we have heard of it. Also we believe the landlords partner has lied to the insurance company as when they told us about having to pay for half the excess the landlord said something along the lines of, ‘…be thankful the engineer steered him (her partner) the right way, as he was told the insurance company wouldn’t pay our for wear and tear and he had to tell him it was accidental damage, or else you would have had to over £1000’
At the time I told them I needed to take some advice, and following an internet search found out about the tenancy deposit scheme. The next day (yesterday) I asked for details of which TDS she had used, as I am happy for it to go through their resolution scheme. Mentioning this she visibly gulped, lost eye contact to the floor and flushed red. Grabbing from her handbag a personal building society paying in book stating this is our deposit here. I scanned down the book and also noted that over our tenancy, money has come out of the account as well as going in. Her partner got quite aggressive at this and said its not law its only advisory.
So we are pretty sure we have a cause to go to court, and I’m in the process of trying to contact citizens advice about this. Another point is we agreed to pay £75 for the carpets to be professionally cleaned out of out deposit, as we have a dog.
Now my question is, as its not protected should we automatically get our deposit back (or 3x) following the court, will we automatically get it back minus the £75 (or 3x) or will we still have to go to a resolution for the £125 for the door plus the £75. Also I know I’m biased but am I right that we shouldn’t have to pay anything towards the patio door?

Sorry for the novel but any advice would be greatly appreciated.

Antony 26

Antony wrote this on 2009-06-29 16:08:08 I meant to say in the above post. The dorr broke 7 months ago - not after we left. 27

The Landlord wrote this on 2009-06-29 17:29:44 Hey Antony,

Your Landlord doesn't have a leg to stand on. If everything you say is true, you're not liable for the damages.

By any chance, did the Landlord do an inventory of the property before you moved in, highlighting that the door was already faulty? It's probably not essential in your case, but it would have drastically helped your case.

In theory, the court will prosecute your Landlord for failing to use a deposit scheme, and you'll get your full deposit back along with compensation (x3). But there have been cases where Landlords quickly realise they've broken the law and consequently return the deposit before the case has been taken to court. In that instance, the x3 compensation often becomes void.

Overall, I don't think you have anything to worry about. Your landlord clearly doesn't understand the law regarding Landlords obligations.

If I were you, I would inform them about the legal consequences of what they have done, and remind them that the scheme is required by law. Then I would try to settle out of court- probably the easier and quicker option. I would insist on compensation, though. Maybe not the entire deposit x 3, but certainly some compensation.

But to take this matter further, I would definitely advise seeking professional help.

Good luck, mate! 28

Jools wrote this on 2009-06-30 11:28:45 I agree.

I would write a letter to them stating that it is actually illegal for them not to use either an insurance based scheme or a deposit scheme for you deposit after the 6th April 2007, all deposits paid under an AST have had to be protected within 14 days of receipt by the landlord.

Alos put in writing the fact that the door was damaged when you moved in and that they were aware of the fault as they told you there was a "slight fault" with it.

The landlord is liable for repairs to the property (unless stated in the AST) which includes entry and exit doors. In the letter state that you are willing to still pay for the cleaning costs to the carpet because of the dog. Send the letter SPECIAL DELIVERY and in it state that you expect to recieve your deposit back within 14 days otherwise you will reclaim the costs via the small claims court.

Go to your local magistrates court and get the appropriate form, fill it in and send a copy in the letter just to show them you are serious. Make sure you put on the small claims court form their failure to abide by the appropriate legislation or the following -

As part of the Housing Act 2004 the Government is introducing tenancy deposit protection for all assured shorthold tenancies (ASTs) in England and Wales where a deposit is taken. From April 6th 2007, all deposits paid under an AST have had to be protected within 14 days of receipt by the landlord. State that they have failed to do this.

Your letter must be factual, not contain heresay or speculation.
Hopefully it will generate a response with a cheque from the Landlady. If the partner is not on the AST tell him to F*** Off!!

Jools 29

Jools wrote this on 2009-06-30 11:35:30 Taken from the Deposit Protection Service website today:

Where a Landlord fails to comply with Tenancy Deposit Protection, there are two sanctions:-

1. Unable to use Section 21 notice

Currently, a landlord can serve two months' written notice in the prescribed form under Section 21 of Housing Act 1988 on a tenant in order to terminate a tenancy at the end of a fixed term, or after a fixed term has expired. If necessary, a landlord can obtain an order for possession of an AST in the County Courts under Section 21 of the Housing Act 1988. However, where a landlord fails to comply with Tenancy Deposit Protection, no Section 21 notice may be given in relation to the tenancy until such time as the legislation is complied with.
2. Payment to the Tenant

Tenants can make an application to a County Court under Housing Act 2004 if they believe that their deposit is not being safeguarded, or where they have not been given the prescribed information about the scheme in which the deposit is safeguarded within 14 days of the landlord receiving the deposit.

Where the court is satisfied that the landlord has failed to comply with these requirements, or the deposit is not being held in an authorised scheme, the court must either order the landlord to repay the deposit within 14 days of the making of the order, or order the landlord to pay the deposit to the custodial scheme administrator.

The court must also order the landlord to pay the tenant three times the deposit amount within 14 days of the making of the order.

Jools 30

Kate wrote this on 2009-07-13 21:20:24 I have got the same problem. I rented house from estate agent. At the beginning everything seemed to be ok. I left this house about 2 months ago. I have been told that I had to pay all bills first and then I can claim my deposit back, but anyway it may take up to 1 month to get money back. So I was patient and after a month I contacted agent. He told me that he had the problem to receive money from scheme so I gave him another 2 weeks...He told me that my deposit was protected so I decided to wait...Since this time I lost contact with agent. He didn't answer the phone, his office was always closed. I thought that something was wrong. I caught him one day and he told me "come to office at the end of the week and I will sort out everything for you". Unfortunately nobody was waiting for me...At the beginning of next week I knocked to the office once again and I found there my friend-agent. He told "sorry but I haven't got the money to pay your deposit and I am closing down the business". Before I visited him I had decided to call all deposit schemes to check if my money was paid in to one of deposit schemes. It didn't surprised me...he hasn't protected my deposit! I told him that it was illegal (I knew that from 2007 every deposit has to go to deposit scheme) and I was going to make a claim against him. He doesn't care...After that he gave me cheque...Anyway, I am going to wait 3 working days to check if I find money on my bank account...Now I know...I was naive...hope it was the last time in my life...Next week I am going to see citizen advice...Kate 31

Antony wrote this on 2009-07-23 11:45:20 Hi all,

Its me again about the patio door and unpaid deposit. Following your advice I contacted shelter for professional advice to see where I stood. They pretty much agreed with what you said and advised me to write a letter first threatening to take them to court for the 3 time deposit. I offered them a reasonable amount from my deposit for the initial cleaning and subsequent replacement of the carpet to be paid to me within 14 days. I was told it was best to write a letter first so that if it does go to court I look like I’m being reasonable.

However I have just received a letter from their solicitor, stating they are in the process of putting my deposit in a TDS. And they are seeking to reclaim all the costs for the door. I know there is a loophole for landlords to protect the deposit and as long as its protected before it goes to court they escape the 3 time rule. Does this still stand with us as the tenancy actually ended 28 days before we received their solicitors letter. Are they also allowed to change their demands for how much for the door they want back.

Is it best for me to contact a solicitor about this now? Can I still put in a county court claim for them not putting my deposit in a TDS or do I just have to wait for a the dispute resolution service.

It just feels very unfair now, I only wanted my deposit less the carpets back. They are the ones who are trying to squeeze my deposit for a door I didn’t break (they did) and money towards their increase insurance premiums as well as breaking the law for not protecting my deposit.

Any further advice is much appreciated!!!

Antony 32

Jess wrote this on 2009-07-28 22:32:25 My friend rented a property, paid a deposit and now can't get it back from the agent although he has moved out.

Same old, same old....

However, I (being a terrible judge of character and somewhat naive despite advancing years) worked for this particular agent briefly (its a long story) who operates illegally and unethically.

This agent has NEVER protected any deposits for either his own large portfolio of properties or any of his customers. Once money was paid to him, either as deposit or security against taking a property, it was gone for good. No-one has ever pursued return of deposit as he is a bully - very aggressive and very threatening. I would imagine that very few of the properties he manages are legally let as the mortgages are residential and not buy-to-let. And yet, year after year he gets away with it. This obviously has ramifications on insurance.

In most instances the landlord was blind to the carryings on with the deposit and his mantra has always been - I gave the deposit to the landlord. As he does not provide the tenants with any way or knowledge of the landlord, it is very difficult for the tenant to work towards getting redress.

It seems that there is not enough protection and/or legislation and when there is, it is so right wing it cripples fair trade.

I don't blame you for being fed up being a landlord, and I also sympathise with tenants on the short end of people who care about absolutely nothing but money.

I will help my friend in a small claims court but I have a feeling that he will continue to escape the legal system.

:-( 33

crystal wrote this on 2009-07-29 23:00:41 hi i recently was unlawfully evicted as i was threatened so i had to leave the property the landlord is now saying he is keeping my deposit for damage fees but there was no damage and i never payed the extra fees for damage as it wasnt part off the deposit u had to pay damage fees seperate i also recently found that the letting agents didnt do an inventry on the property the landlord left the agents and did it himself but i never recieved written correspondance from them about the change of management neither correspondance about the landlord recieving the deposit i am aware that he didnt protect my deposit but arnt sure how i rove it wasnt protected as i phoned all 3 deposit schemes and it wasnt registered with either i was wondering who i speak too and how i take him to court 34

The Landlord wrote this on 2009-07-29 23:18:56 Hey Crystal,

There are more than 3 deposit schemes from what i'm aware of. But it does sound like your Landlord hasn't secured the deposit because he's openly saying he's going to use the deposit for repairs. If the deposit was protected, he wouldn't be able to do that so easily.

You need to go to a small claims court. Here's all the information you need from the official hmcs website

Hope that helps, and good luck. 35

The Landlord wrote this on 2009-07-29 23:22:31 Oh, one more thing, Crystal. Before taking legal action, I would inform your landlord of his legal obligations to secure the deposit, failing to do so could lead him to a penalty x3 the deposit amount.

Most landlords usually give the deposit up at that point. No point going to court if you don't have to :) 36

Daniel wrote this on 2009-08-05 08:10:23 Hi, I recently moved out of a rented house, I received an email stating when the keys are to be returned. I sent the keys off in the post (first class) and they have yet to reach her nearly a week later. The landlord has had an issue with me where I missed a rent payment where it wasnt direct debited properly, other than that on two occasions I paid rent at least 2 months in advance. She is now saying that it is my responsibility to pay for the replacement of all the sets of keys. I said that I would offer to give her £30 to replace the lock with a new one and spare to get extra keys. This I believe is fine, her problem is that she never had a spare key for my bedroom window which were on the set I had and is saying that I need to pay for replacement, cost of a lock smith etc.

Any help or advice you could give me I would greatly appreciate. 37

Lucy wrote this on 2009-08-13 18:33:31 Hello, I've just moved out of a student house which I shared with 4 other people. The letting agents want to withole £375 altogether of our deposits for house cleaning and carpet cleaning. There was nothing damaged or missing when we moved out, there was nothing spilt on the carpets either. It was all just general wear and tear. The house was left reasonably clean. It was in fact cleaner than when the 3 original tenants moved in! Have they got the right to do this?

Also, I am concerned about my deposit as I moved into the house mid tenancy. Five original tenants moved in 2 years ago and last summer 2 of them moved out so my friend and I moved in in their place. We did not pay our deposits to the letting agents, we paid them directly to the previous 2 tenants. We received no information about the protection of our deposit through any scheme, therefore can we assume that our deposits were not legally protected? The 2 previous tenants got their deposits back in full so it seems unfair that the rest of us have to pay for wear and tear on the house when they got theirs back in full! 38

Macca wrote this on 2009-08-17 11:01:35 I am a Landlord who currently was using a Lettings Agency to manage my property. After a number of issues regarding the rent being paid to me on time, withholding rent etc, I cancelled our contract and signed my tenants up to an agreement directly. However the deposit of the tenants has not yet been released, because the Management Agency have spent it... they advised me in April 2007 when the Law was introduced that they would be protecting all Deposits. However they failed to advise me who they were using. It turns out it is a scheme called My Deposits, which basically just registers the deposit, and the agency can keep it in their own bank account. Now that the management agency have 'wound down' their agency (and opened a new one with a new name with the same registered address) and are not answering calls, emails, sending back letters sent by recorded delivery, I have been told by My Deposits that as the Landlord, I am responsible for the deposit. But I have never even seen the deposit, or was ever advised which scheme was being used. I find this incredibly unfair, and another loophole that management agencies can use. Does anyone know if this is in fact legal what the mgmt agecy have done, and or whether My Deposits is legal?
thanks very much 39

Sej wrote this on 2009-08-18 07:23:53 I have been living in my current flat for about 18 months now. When I moved in my deposit was put into a protection scheme with TDS and I have all the details regarding this.

I have this morning received a letter from my landlord stating that the deposit will no longer be held in a protection scheme and that the landlord is moving away from the scheme in an effort to cut costs. According to the letter my deposit will now be credited to my account as my last months rent.

Is this illegal? And what should I do?

Thanks very much 40

The Landlord wrote this on 2009-08-18 21:41:35 Hey Sej,
I'm assuming it is legal because your landlord is opting not to take a deposit from you, so he doesn't need to use a deposit scheme.

However, you could inform your landlord that there is a free tenany deposit scheme available, so it won't cost your landlord any extra to use. More details about the Free tenancy deposit scheme. This option will benefit both parties, that's for sure.

Kind regards 41

A Landlord wrote this on 2009-08-22 05:47:44 Be careful I have a situation where the agent is being quite slippery upon me checking if they have registard the deposits or not always ask for the correct paperwork after you move in. 42

Blackmail wrote this on 2009-08-23 07:58:30 Hi,

Quickly,
On the 25th of July 2009 I moved into a one room in a flat that cost £90 a week. The LL asked that I pay 4 weeks deposit and 4 weeks rent a total of £720. I paid her £600 as agreed and the rest of the payment was to be paid 3 days later. I moved in immedietly on payment of the £600 and signed a contract but she kept it and said I would only get a copy after full payment. In the meantime she gave me a handwritten agreement that stated all the facts about payment, balance etc.

3 days later she asked that I pay her an extra 2 weeks (£180) "as security" but was not to worry as they were all still covered as rent as well. in total she needed £900 and since I had already paid her $600, I was to add an additional £300.

I told her I only had £210 with me then as this was not agreed before and she could collect the remaining £90 the next day as it was too late to go to the ATM machine. She agreed and said that she would come the next day to collect her money and give me a copy of the legal agreement she and I had signed. In the meantime, I still had the handwritten agreement that she had amended to state the updated events.

The next day, I called her when it was clear that she was late to meet up at the agreed time and she said not to worry she would be there the day after.she never showed up. 2 days after I kept calling her to come and collect her £90 so that I could receive my contract as promised she got angry over the phone and claimed that she knew nothing of such sort and that she had already provided me with a contract and a reciept. She hang up and for the next 4 days, her phone was shut!

Scared as hell, I went to the post office on advice of others, drafted her a postal order of the £90 as documentation proof of my ability and willingness to pay her money owed. I was told she might try something funny on me like claiming later on that I refused to pay her all her money.

I then wrote her a notice attached with the copy of the postal order asking her to collect it anytime she pleases but I will have to ask for a notice in the meantime. i sent it registered to her and left one at my flat as I knew she was always there anyway.

This is all happening after 10 -12 days of renting the place.

She counteracted by sending me a personal handwritten letter stating that I was evil, needed to be punished and she would burn my flesh and eat me up among other things...

Took all that to the police and was adviced to seek help with citizens court. I decided to wait and see if she would contact me so that we could agree on how and when I should move out.

A week later the LL came to me and asked me when I wanted to move out, we drafted a letter stating that I will be out of her premises by the 21st of August 2009 and should collect the remainder of the payments of £450 (£360 deposit + £90 for remaining 1 week) on that day. e signed the letter and I moved out.

On the 21st, we met at the premises to collect the payment and handover the keys as previously agreed.

The LL told me that she will not give me my £450 back until I write and sign down on a paper that I had stolen from her, that I was evil and scum among other things (I have recordings of all this)

Obviously I would not comply and now I am told about this tenancy deposit scheme stuff. I am told that she probably didn't have my money in the 1st place and that I should seek legal help.

What are my options and chances.

I know all this sounds funny and weird, but this has been my ordeal in the last month. 43

Blackmail wrote this on 2009-08-23 08:03:03 Just to add. This was an unfurnished room with just a bed, lamp and a little chair. I had only stayed there for one month and left with everything still intact and in same condition as before moving in. 44

Karen Potts wrote this on 2009-08-24 14:06:07 Hi,

I'm a tenant and my landlord didnt place my deposit money into a scheme. I am currently at the stage of having filed the online claim ... and have found out today that the landlord has disputed the whole amount!

currently awaiting the questionnaire from the court to come through to pursue this further.

Has anyone got experience of this stage and onwards into Court? What are the timescales? As he hasnt got any defence ... he didnt lodge it in a scheme and in writing confirms that fact several times ... what on earth can I expect when it gets to Court??

All replies most welcome as never had to go down the path of court action before!

Karen 45

Amy wrote this on 2009-08-25 13:35:41 Hi,

I am in no way a legal representative, but I have been looking into these matters for my own issues with my landlord, and have gathered lots of information on how to go about taking your landlord to court due to non-compliance in TDS cases.

I have found that any landlord (or letting agent) who does not protect a tenants deposit, and provide evidence of this to the tenant within 14 days of payment being made, is acting against the law.

In order to persue your deposit as a current tenant, you can write to your landlord, asking them for details of the TDS service they use, and if they do not use one, you can ask for them to register your deposit within 7 days, or you may take further action.

In order to persue your deposit after a tenancy has ended (regardless of any further claim for damages, as they are seperate). You again can write to your landlord, requesting the return of the deposit within 7 days, and inform them that if they do not do this, then you will apply to the courts under section 214 of the Housing Act 2004 for the return of the deposit, and 3x the deposit as a penalty for failing to register your deposit. (this warning shows you are reasonable in the eyes of the courts).

If a reply to the above is not recieved, or a refusal is recieved, then I have seen the most success in submitting your case to the courts using form N208 under section 8.
Please be aware that you should claim for 'something other than money', as you are asking the court to make a judgement, which then amounts to compensation, which should then be recieved as money.

You do not have to provide your evidence at the same time as submitting your court papers, but these will be asked for later in the process.

There are 3 different TDS schemes, each contactable by phone, and each will provide you with email confirmation if your deposit is protected or not.

These emails will form your basis for claiming against your landlord, so should be kept safe for when they are needed.

In terms of who you persue when applying to the courts, it is the person that you paid your deposit to and is in charge of holding your deposit.
This maybe a landlord or a letting agent, if unsure, or if one blames the other, then you may put both details down on your court forms, and they will deduce who is essentially responsible when they make their judgement.

I know its a lot of info, and it is only what I have gathered from reading lots and lots of forums, reading case notes, and a small amount from legal advice I have recieved myself.

I really hope this helps someone!

Amy 46

katothedog wrote this on 2009-08-25 22:47:51 Hi All,

My problem is slightly different to the above. My deposit was paid some seven months ago and we were unaware of the TDS. We received confirmation of entry to this last week and then to our surprise a section 21 notice the following week (for no specific reason). I believe they have only entered us into the TDS as they cannot issue a notice to quit without doing so. They have quite blatently kept the deposit (and its interest) until it suited them (this is a well known letting agent). Do we have a case for the small claims court as they left us unprotected for 7 months and did not comply with the law (details in writing within 14 days)
Thanks
Lee 47

Marcela wrote this on 2009-09-17 14:27:26 Hello,

to start from the beginning and explain everything, me and my bf moved into the room on 15.12., signed the contract for 6 months and 2 months notice (for the room!), which as we didnt have much experience with this, was not nice surprise to find out that notive is after 6 months, not 4 as we hoped.
Never mind, we stayed there for 8 months because I didnt want to lose deposit, althogh relations in that house where bad.

On 18th or 19th, I am not sure, we gave our notice to his wife, who, as he said, was running his business with him, so we should contact her when he wasnt in UK. The last time we heard from him or her was when they came into the house 1 or 2 weeks after us giving notice, and obviously they where not happy that we wanted to leave (yes, he did us a favour, twice - personal things but it is not a crime to give notice).

On 15th of september we had to call them to ask if they remember that we are leaving on 18th and she said yeah, it is ok. Then few minutes after she called us back that we have to move out on 15th, they have someone coming from manchester, who is going to move in today. It was almost 3pm when we phoned her and I said we cant leave today because we start work in the afternoon. For some reason I got completely confused with time and I thought it is our fault that we are overstaying because the whole contract ends on 15th.

We moved out next day as soon as possible and we still didnt see anyone, we were just told to leave the keys in the kitchen.
I kept the key from the main door as I had to lock the door and it was good having some kind of guarantee, because the whole situation was strange.

There was no one to chceck the room either on 15th or 16th and when I asked about our deposit, she told us that according to law they have 30 days to give it back to us. She also said they wanted to record us to police because we kept the key but I told her I will give her key back when we get the deposit back, as well for the reason that where the house was was a bit far fom where we were staying after. She said that we have to give her key back because we will have problem with the police. Probably another stupid mistake, but we gave her the key back next day.

We checked the room, she said everything was ok, but couldnt give us moneyback because her husband was abroad and she coulndt do it.
On 14th of October I texted her that her husband, according to what she said to us, has got one day to give us deposit back. He called us on 16th, we met him and he said that we breached the contract, he lost a good tenant who was travelling from far, he had to pay for his travel and other lies. He added that there are two options, either we go to the court or he is more that willing to give us half of the deposit back, which I immediately refused and we left.

Till yesterday I thought that we did mistake by staying there till 16th and I have just realized that when we give notice on 18th, we have right to leave on 18th as there was 2 months notice.

Basically we have right to ask for more money from him as we left two days earlier that we were supposed to. Their reply was that doesnt matter when we give notice, we have to leave on 15th. I feel embarrased I didnt think about this before and I desperately need advice as in addition, he is threatening me he went to police and now they have record about me. I dont believe not a word of what he is saying, he breached the contract, I dont have any proof we gave notice on 18th but I have proof that i moved into other place on 16th, in the form of receipt.

Thanks a lot for any opinion or advice, regards,

Marcela 48

Jools wrote this on 2009-09-17 15:07:40 By Law, after the 6th April 2007, your Landlord MUST have deposited your security deposit with one of the Insurance based or Custodial Deposit Protection schemes. If they have not they face having to re-pay you 3 x the deposit amount.

I am afriad I did not follow your English too well but it would appear that your Landlord is trying to take advantage of you. You need to write to your Landlord asking them which scheme they used to deposit your security bond and to confirm in writing to you.

The Deposit Protection Service website states:



Where a Landlord fails to comply with Tenancy Deposit Protection, there are two sanctions:-

1. Unable to use Section 21 notice

Currently, a landlord can serve two months' written notice in the prescribed form under Section 21 of Housing Act 1988 on a tenant in order to terminate a tenancy at the end of a fixed term, or after a fixed term has expired. If necessary, a landlord can obtain an order for possession of an AST in the County Courts under Section 21 of the Housing Act 1988. However, where a landlord fails to comply with Tenancy Deposit Protection, no Section 21 notice may be given in relation to the tenancy until such time as the legislation is complied with.
2. Payment to the Tenant

Tenants can make an application to a County Court under Housing Act 2004 if they believe that their deposit is not being safeguarded, or where they have not been given the prescribed information about the scheme in which the deposit is safeguarded within 14 days of the landlord receiving the deposit.

Where the court is satisfied that the landlord has failed to comply with these requirements, or the deposit is not being held in an authorised scheme, the court must either order the landlord to repay the deposit within 14 days of the making of the order, or order the landlord to pay the deposit to the custodial scheme administrator.

The court must also order the landlord to pay the tenant three times the deposit amount within 14 days of the making of the order.

The Law states they have 14 days to return the deposit to you. Dont Worry about the Police - this is a civil matter NOT criminal. They won't want to know (unless you hit the Landlord or he hits you!). You need to ask someone who has a better understanding of your language and English to simplify your question above. Just dates and what happened.You dont say which month this happened in.

Jools 49

Marcela wrote this on 2009-09-17 15:44:35 To Jools:

Thanks a lot for your help, I really didnt hope for such a quick reply:) Right now I am texting to my landlord to find out about that scheme.

Sorry about my English, I am Slovakian, I think that is one of the reasons he thinks he can do this to me.
And, Yeah, all the time I was talking about my landlord trying to avoid paying us, I realized later I didnt write it in my comment..:) It is just that only thinking about him makes my blood boil and then I cant explain myself as good as I would like to.

We moved out in September, waiting a month (til now)to get some response about the deposit and the only thing we found out is that he is not willing to pay us all deposit because he lost a very good potential tenant who was moving in on 15th of september (which first I dont believe in and second, more important, the notice we gave ended on 18th of september.)

In case he used a scheme to deposit our security bond, but we still dont have our money, what can we do?

Regards, Marcela 50

Jools wrote this on 2009-09-17 15:58:48 hi Marcela,

your English is good but it's just a little hard to understand in a complex issue like this!!

Did you sign an Assured Shorthold Tenancy Agreement at the start? If you did that would normally last for 6 months but after that length of time, if you did not move out the tenancy will have become what is called a Statutory Periodic Tenancy which basically means that everything you signed up for in the original agreement remains the same BUT you only have to give one months notice in writing and the landlord has to give you Two months notice in writing to vacate.

He cannot use the excuse that he has lost money because someone else could not move in. It is a security deposit against damages NOT loss of income. It would have been better if you had everything in writing BUT the courts HATE landlords like this especially if they try to use your lack of English as an excuse.

You need to send him a letter using UK SPECIAL DELIVERY which he will have to sign for. In the letter ask him why he is not returning your deposit and which protection scheme he has used. Make three copies of the letter and ask a witness to sign one of them as "A true and correct copy of the letter sent to Mr xxxxx on the xxxx date".

The only way to recover your deposit money will be to sue him. Contact your local Citizens Advice Office or your Local council's private sector housing office as they should be able to assist you in the legal stuff.

However, if you find out he has not secured your deposit send him a letter, again by special delivery, stating that you intend to sue him for 3 x the depposit amount and will be reporting him to the proper authorities. Again don't worry about th ethreat of the Police. it is NOTHING to do with them! If you are a student then you should contact your housing officer for advice.

Jools 51

Amy wrote this on 2009-09-17 15:58:49 Hi Marcela,

In order to persue your deposit after a tenancy has ended (regardless of any further claim for damages, as they are seperate). You again can write to (not text) your landlord, requesting the return of the deposit within 7 days, and inform them that if they do not do this, then you will apply to the courts under section 214 of the Housing Act 2004 for the return of the deposit, and 3x the deposit as a penalty for failing to register your deposit. (this warning shows you are reasonable in the eyes of the courts).

If a reply to the above is not recieved, or a refusal is recieved, then I have seen the most success in submitting your case to the courts using form N208 under section 8.
Please be aware that you should claim for 'something other than money', as you are asking the court to make a judgement, which then amounts to compensation, which should then be recieved as money.

You do not have to provide your evidence at the same time as submitting your court papers, but these will be asked for later in the process.

There are 3 different TDS schemes, each contactable by phone, and each will provide you with email confirmation if your deposit is protected or not.

These emails will form your basis for claiming against your landlord, so should be kept safe for when they are needed.

I used exactly this process less than 2 weeks ago with my previous landlord, and had my full deposit, in cash, in my hand in a matter of hours after giving them the warning letter!
Once landlords, especially those as awkward as yours, find out that they have been caught out, they usually pay up just to make it all go away. Remember, all bullies are cowards, and you have rights that you can and should uphold!

Hope this helps,

Amy 52

Jools wrote this on 2009-09-17 16:00:53 Well done Amy!

As a landlord I hope these scum are hit where its hurts - in their wallets. It gives us good guys a bad name!

Cheers

Jools 53

Amy wrote this on 2009-09-17 16:01:08 I just want to confirm what Jools has correctly said, this is NOT a legal matter, and even if your landlord phoned the police, there is NOTHING that they can do, and you will recieve no record. 54

Amy wrote this on 2009-09-17 16:02:37 Thanks Jools,

In fact it was my ex landlords wife that was the reasonable one, she saw the letter and initally was very angry, but wanted it resolved quickly before her husband returned home from a trip away the next day.

A bully in work and a bully at home it seems! 55

Jools wrote this on 2009-09-17 16:05:19 A pissed off wife is worth a thousand rottweilers!

Feel sorry for the landlord now and the bollocking he probably faced when he got back!! Still he probably deserved it!

Jools 56

Amy wrote this on 2009-09-17 16:10:59 Haha, too true.

It was a shame, as after the air had cleared, his wife and I had a lovely chat. She even explained that if she had been allowed to help with the issues we'd had previously, then they may have been avoided all together.

I have to say she did also try to be a bit sneaky, asking for our copy of our tenancy agreement back (probably thinking that it would prevent pursuing any further action). Luckily I have a top-notch printer/scanner, so made a copy, folded it, sat on it to give it some 'real' creases, and gave her that instead! haha

You never know when you might need these things!

Can I ask, where did you amass your seemingly expert knowledge on this subject? 57

Jools wrote this on 2009-09-17 16:20:50 See, as a bloke I would not have thought of that! You women...... weaker sex my arse!!

Hardly expert - and I would use the caveat that any advice be confirmed via a solicitor or other source before going legal, but just picked up through attending courses and experience. I am currently undertaking Landlord Accreditation so that I can hopefully provide my future clients with some proof that I am not a cowboy!

Thing is these courses are never going to attract the idiots who SHOULD be on them and the only way the scum will be routed out is with large fines!

Unfortunately, as your last landlords wife was not your landlord, unless he has specified her as his agent, she would not have been able to deal with you. In fact there could have been a case for data protection as he is running a business!

Until councils take forceable action against rogue landlords things are not going to improve much unfortunately!

Jools 58

Amy wrote this on 2009-09-17 16:27:48 I very much agree. I initially contacted my local council, who have a tenant relations dept. regarding the complete lack of any repairs to my property. The faults varied from a leaking roof, to exposed electrical wires, many loose and faulty sockets, doors falling off their frames, to water damage and leaks.

When I did manage to speak to them, they very begrudgingly arranged a home inspection, for which they were over 2 hours late. But also refused to entertain any notion that my landlord might be in the wrong!

Unfortunately, that two hour delay meant I had to miss the appointment, and in the time between the originall appointment and arranging another we had given notice on our tenancy. To which the council simply said it wasnt their problem any more, and that the new tenants must report the complaints to them! 59

Marcela wrote this on 2009-09-17 21:31:20 Thanks guys a lot, again,

yes, it is rather hard to write about such complex issue like this, in addition, I think I would have problem to explain myself in my own language, too:)

We signed the contract for 6 months according to which WE had to give 2 months notice, which already seemed unusual to me.

I am still a bit confused and scared that we did mistake as although we gave notice on 18th and were meant to leave on 18th not 15th, originally we paid only till 15th. We were paying to him by standing order on his account every 10th of the month and therefore on 10th of august was our last payment. We never got to talk about how and when we will pay him for the remaining 3 days but I didnt see any problem in it as we could pay him when we were due to leave or he could take the money off our deposit.

Does this change the situation a lot?:(

I know this is world of all kinds of laws but I think it should be also about communication between landlord and tenants. He knows we would never refuse to pay for those extra days and we actually during those eight months didnt have any problem with him. All our payments were on time, so I really find his behaviour unfair.

I dont really want to sue him but if there is no way for him to give us our deposit back (minus 1 day we stayed longer), I will have to do it. In cases like this sooner or later it is no more a matter of money but justice..

Marcela 60

Jools wrote this on 2009-09-18 08:18:34 Marcela,

Send him the letter as I mentioned above stating that unless he returns your deposit in full within 7 days or provides you with the name of the deposit protection service it is deposited with along with the deposit ID you will take legal action and sue him for your deposit and 3x the deposit as per the law.

Do it today! Don't text him, don't phone him. Usually, your security deposit shoul dnot be used to pay for your final rent. You will have to arrange to pay fot the 3 days seperately.

Usually the threat of having to pay 3 x the deposit as a fine will make him pay up. You as a tenant are in a very strong position as Judges hate us landlords.

Send the letter special delivery only. If you wish, use the letter below! You have to be fair and reasonable in your dealings with your landlord!

Cheers

Jools


Dear Sir,

After the 6th April 2007, the law under the Housing Act 2004 requires that all security deposits be placed in one of the custodial schemes for independant safe keeping within 14 days of receipt by you. As I have not received the confirmation letter from your nominated deposit protection service I can only assume that you have failed to do this.

Since you have refused my request to have my deposit returned, and that your explanation for not returning my deposit is flawed, I require you to provide me with the name of the deposit protection scheme my deposit is secured with along with the deposit ID. I require this information to be provided to me within 7 days from the date of this letter. Failure to provide me with this information will mean I will have no other option than to take legal action to recover the deposit, along with 3 x the deposit amount in compensation as precsribed under the legislation. In addition I will be claiming from you the costs of bringing this action.

Once you have provided me with the information requested above, or I have received my deposit back, I will be more than happy to discuss any outstanding balance that I owe.

Yours faithfully, 61

Marcela wrote this on 2009-09-18 10:41:49 Hi Jools,

this letter is very helpful to me because if I had to write my own, it would probably never sound so professional. I just hope it is not a letter you personally got from a tenant..:)

Thanks to all of you guys, you have really helped me a lot as I didnt have almost any idea about this as being a tenant, beginner.

I will follow your advice and see how it goes, when something happens I will let you know how successful or unsuccessful I was..Or possibly I might need a bit more help, later.

Thanks,

Marcela 62

Jools wrote this on 2009-09-18 11:32:25 no wories Marcela. The important thing is not to worry or panic. If everything you have told us is correct then the law is on your side!

Have a good weekend

Jools 63

Marcela wrote this on 2009-09-19 12:41:24 Hi guys,

I think I need your advice earlier than I supposed..

I contacted my ex landlord because I needed him to give me address where he would be able to take the letter and sign for it. He texted me back we should meet in the same address in the city and then we can sign for each other's letter.

Should I agree or not? How could he sign for the letter, shall I make one more copy that he would sign for me and I would keep it?

Thanks, Marcela 64

Jools wrote this on 2009-09-19 14:01:47 By law he has to provide you with an address where notice may be served. Now, if you can sort this in a nice way great but it would appear that he is a dodgy bloke. I would suggest that you insist that he give you an address where the letter can be sent. Stand your ground! He is sweating! 65

Marcela wrote this on 2009-09-19 14:18:07 Thanks Jools, I think the best thing is to insist on sending the letter, not meeting him, too.
Do I have to provide him with our address as well or can I give him address of the place where I work or any other where I could pick letter from him? I just dont trust him at all and dont want him to know where I live. 66

Marcela wrote this on 2009-09-19 14:54:07 I got a new text from him saying he needs my address details because he wants to send me letter first which I would give to my solicitor or legal representative. So he wants me to wait til I get a detailed letter from him.. And in addition he wil be travelling somewhere soon again so maybe I will have to deal with his business partner if we dont sort it out soon. 67

Amy wrote this on 2009-09-19 14:56:12 Hi Marcela,

If you still have it, check your original tenancy agreement, those that are filled out properly should include the landlord's address (by law).

You do not have to provide him with any forwarding or contact address by law, but you will need to be able to safely recieve correspondence from him. If you qualify for legal aid, you could find yourself a solicitor and have all correspondence go through them.

Hope this helps some,
Amy 68

Amy wrote this on 2009-09-19 14:58:00 Marcela,

He CANNOT insist that you deal with is business partner unless he has named them legally as his agent. Do not let yourself be forced to deal with someone new.

However, you may find this 'business partner' more reasonable, it is a gamble you are taking if you agree to deal with them. 69

Marcela wrote this on 2009-09-20 10:23:56 Hi Amy,

thank you for advice, I havent got the copy of the tenancy agreement available at the moment but as soon as I have it, I'll look for his address there. I checked our new tenancy agreement and the new landlord has got his address written in the contract, it is even in the house on the wall in case we needed to get in touch with him.

Is there by law any limit of people who can live in the house of single occupancy (I am not sure about the name) and when it becomes a shared house? 70

Jools wrote this on 2009-09-20 10:25:03 Marcela,

you need to take some legal advice. Find you local citizens advice centre and make an appointment to go and see them.

Jools 71

peter wrote this on 2009-09-21 20:21:39 Hi i was renting a flat till the 18th of Sept 2009 and now I'm having to move out i could only give my landlord 3 weeks notice due to personal reasons . i have a agreement but it was on for 6 months and i moved in on the 18th august 2007 and the landlord never give me a new agreement and i also give him £450 deposit and now hes says hes taking £100 out because i only give him 3 weeks notice . also i have read that the deposit needs to go into a Tenancy Deposit Protection Scheme he said from the start it was going into one but i never got a letter about it . and he said to me when new tenants move in i would get my deposit back -£100

Where do i stand ? 72

Amy wrote this on 2009-09-21 20:38:28 Hi Peter,

The tenancy deposit protection scheme came into effect in April 2007, and applies to assured shorthold tenancy agreements. If a tenancy agreement is not renewed after the initial term, then it can become a periodic tenancy. The rules on periodic tenancies do differ, and I have little knowledge in this area.

I would suggest as it seems this may be the case, that you contact your local Citizens Advice, or Community Legal Advice.

I've used Community Legal Advice myself in regards to my previous landlord, and if you qualify for legal aid, they will assist you over the phone in the first instance.

Hope this helps some,
Amy 73

Jools wrote this on 2009-09-22 08:53:02 Peter (and Amy),

Once an AST runs out it automatically becomes a statutory periodic tennacy. Everything that was signed for under the original AST remains the same apart from you onlly have to give the landlord one month's notice to quit whilst he/she has to give you two.

If you gave 3 weeks instead of 4 then he is entitled to keep your money until he finds someone else as it is you who is breaking the contract by not giving the correct notice. If he has said you can have your money back after he finds someone else I can't see the problem?

HOWEVER - not placing your deposit into a deposit scheme IS against the law and you can claim the deposit + 3 x the deposit in compensation. Do a google search and you will find all the data you need to persue a claim if you think you have one.

Jools 74

Hannah wrote this on 2009-09-22 12:14:05 Hi I'm having problems getting my deposit back too...... So frustrating!!! Basically as moved out of the house 28 days ago and have yet to recieve a penny! We lived at the property for nearly 4 years so before the TDS were introduced. Also we never dealt directly with an agent they just advertised the property for the landlord, so all dealings were directly through the landlord and his wife, not long after they moved to America so contact with them was even more difficult they only left us an email adress!.
So wen we came to move out everything was left as it was apart from the usual wear and tear but considering we'd been there for 4 years given them no grief and never paid our rent late we pesumed everything would be ok!!!

So the landlords wife came round to the the checkout and said everything was fine apart from a few things she wanted putting right she wrote a list of the minor things signed by her and my husband dealt with these and handed the keys back, however at the time we thought it was strange she wouldn't let us sign a copy of the checkout report or the inventory. The next day she moved NEW tennents in, and then thf phone calls began everyday she called about something complaining about things shed never ever mentioned at check out or had discussed with us but had said all was fine. The phonecalls got so regular in the end I had to tell her not to call anymore and only correspond in writing from now on. So we persumed as there was nothing on the check out report that we would recieve out full deposit back, after a week we wrote to ask for it.

She then wrote a very vauge letter saying that we'd caused major damage to the property and they were doing work on the property themselves they would then deduct it from out deposit, no explaination, no recipts, no quotes no nothing! When I informed them of this the wrote back and said they would be charging us £500 for work surface we didn't damage and she blamed us for an aparent flea problem that she had to have sorted out so tried to charge us for carpet cleaning. Our cat was deflead regulary and we cleaned the carpets to the best of our ability! So we refused to pay for the carpets unless she could prove evidence and invoiceses which she still hasn't done, we have still not seen the checkout report and they are still trying to blame us for the worksurface that was damaged due to a boiler leak they took 6 mnths to fix, they are trying to say that we didn't report this but we did unfortunately only by phone when they were back in the country, we've spoken to the plumber that fitted a new boiler who can clarify this for us in writing if need be.......

Still no sign of the deposit........ Do we have a good case, I doubt unless the new tennents had noticed the work surface they would have replaced it, the worksurface wasn't new in the first place and he did all the work himself and can't provide any invoices or recipts nothing...... so how can they take £500 + the carpet cleaning off our deposit? They never ever visited the property in the 4 years we lived there nor an agent what it all boils down to is that they were the worst landlords ever!

What can we do next, do we have a good case, how do we get our Money back? In our tennency agreement it says we can go to arbitration if the dispute has not been solved in 28 days, would this be a good option?

Any thoughts advice?

Hannah 75

Heather wrote this on 2009-09-27 19:00:27 Hi My daughter moved out on 12/09/2009 and left the keys by mutual agreement at the property for the landlord, they were not able to attend the property on the day she moved and so was not inspected by them Her tenancy was paid unti 28/09/2009.
On 21/09/2009 the landlord asked my daughter if it was OK for a kitchen fitter to go to the house to make some modifications, she said she was happy for them to do this. To-day 27/09/2009 the landlord has contacted my daughter and informed her that there is a chip on the corner of the bath, that there is some "swelling" where the worktop meets the sink and there was issues with the maintainance of the garden - it consists of a paved area at the back and a path and small border approx 6x2feet. The landlord has quoted £395 for the repairs - which sound a bit of a "rip off". The landlord is aware that my daughter is unable to go to view this so-called damage and is treating the whole affair very badly.
I have made an appointment with the landlord to view the damage and intend to take pictures in case this has to go to court. Can anyone out there advise me if there is anything else I should do? 76

Marcela wrote this on 2009-10-04 13:20:23 Hi guys,

I wrote the letter to my exlandlord as Jools told me asking him which of the schemes he used to secure my deposit together with the reasons why he is keeping it and all the costs that he wanted to deduct.
I am still waiting for reply but as I did my own research on internet as well as emailed to Deposit protection scheme, Tenancy deposit solutions (my deposits)and Tenancy deposit scheme, none of them seems to have ever protected a deposit for me on that address.
In case that I dont get any response from him about my deposit protection, what is the best thing to do? I know there are alternative dispute services which are part of every protection scheme but I think could use these only if he secured my deposit which I am pretty sure he didnt..
Therefore, should I issue claim in the small claim court, or should it go straight to county court? I know I can issue claim on internet but seriously, going to court is one of the last things I want to do. I heard that before going to court, I should try all the other options to resolve it..but what are these options?
Does anyone have any idea how much could be all the costs if we went to small claim court and could it be resolved in one appointment?
Me and my partner are signed in the tenancy contract, although the deposit is mine, as it was paid from my account, does it then mean that we both would have to go to court? He doesnt want to have anything with it anymore, as he said he knew that we shouldnt have trusted our exlandlord and he new straight from the beginning that we would have problems with him.

Thanks for advice,

Marcela 77

Sarah wrote this on 2009-10-08 11:41:42 Hi!
I need some advise.
I have been renting a 3 bed house from the same letting agent for 5 and a half years. I place a £800 deposit and paid 2 months rent in advance. For the last year i have had to get the council involved to get the landlord to do work on the house (damp, moudly windows and doors that won't open or shut properly). Now that work has been almost completed the landlord has issued me with 2 months notice(7/12/09). I have 3 kids and am 5 months pregnant with the 4th and i have a heart condition.
I asked how much of our deposit will we get back and when as we need it to secure a new house. The reply was that when we move out they would inspect it and take off for wear and tear and that they need to rip up the laminate floor we paid £400 for and replace it with carpet!! They would also need to repaint the bedrooms magnolia as we have decorated the kids rooms. They need to replace the bathroom sink which cracked when my son dropped his toothbrush in it (the contracter said i had hit it with something!!). So bacisally we will not get our deposit back!
We are just thinking that as we need to find somewhere to live and now rents have gone up we need £3200 for deposit and rent in advance, we might just not pay the rent for the next 2 months otherwise we will not be able to raise the funds needed.
Can they get away with keeping our deposit? This is not what i need at 5 months pregnant.

Don't know if you can help me with this part but if we were to stay in the property after the eviction date what would happen? Could they get away with throwing us out with 3 kids, baby on the way and a heart problem??

Thanks. 78

Twattybollocks wrote this on 2009-10-08 12:42:48 Sarah,

You should not be charged for wear and tear as it is normally assumed by the landlord that it will happen. Ie small dings out of paintwork, grubby walls etc. However if the kids have crayoned over the walls, the carpets are dirty/stained/marked, or things are broken then it is upto you to sort them out to the landlords satisfaction or it will be taken from your deposit. They have to be fair deductions though.

So if they try to charge you £500 for a carpet that you know you can get for £200 then they are taking the piss and you can appeal. Same with the laminate floor and the re-painting of the bed-rooms. Your AST will say that the property must be returned to the condition as it was in when you entered the agreement. If it means re-painting then so be it. The landlord has been good enough to allow you to paint but not everybody will like your choice of colours or laminate floor so it will be difficult to let if it is not 'neutral' If he has to replace the carpet/paint the room you will be charged.

Same with the sink - it is your fault (your sons fault) that the sink got broken. You need to either get someone in to replace it or it will be taken from your deposit. Not your landlords fault.

Damp and mould is more likely due to lack of ventilation of the property, and whilst the landlord is obliged to take certain measures to help prevent mould growth (ie fitting extractor fans to kitchens and bathrooms etc)with 3 kids and the amount of washing, bathing etc you also have a liability to ensure that the house is ventilated correctly. With clothes drying all the time the amount of water vapour in the air is going to be huge. Next time you could try using a de-humidifier to help prevent this. The doors not fitting may be due to the amount of water in the air causing doors to swell so that they jam and not fit when the house dries out. Again - only so much the landlord can do.

If you fail to pay the last two months rent then that is criminal - again - why should the landlord have to put up with this? Not even going to reply to your comment regarding staying in the property after the move out date (the landlord is not evicting you - he is undertaking his legal right to take back his property - please get your facts right). He can only get an eviction order under certain circumstances and only after obtaining a court order.

Whilst I appreciate your circumstances - it really is not the landlords problem is it? If you are that worried - go and speak to the citizens advice centre - I am sure they will be able to offer you some help.

TB 79

Kim wrote this on 2009-10-27 18:47:32 I left a property on Sept 24th and asked landlord about my deposit, he said i'd have to wait until Oct 14th (when my contract was up) then i would hear from him. Since then i have heard absolutely nothing and he won't answer my calls. I have been into my estate agents, they say that he had the deposit and there is nothing they can do. My mom has tried ringing him but we can't get in touch at all. The estate agents say they can't give me his address or home number, but refuse to write to him/go round to his to see him. I have no idea if the money is in a protected scheme. Any suggestions?? 80

Marcela wrote this on 2009-11-01 19:17:39 Hello Jools and Amy,

I am sooo happy to say that in thank of your advice I managed to get major part of my deposit back (£300 from £360).

Just after the first letter sent to my exlandlord asking him where he secured my deposit and also costs he wanted to deduct from my deposit, he agreed to pay me my deposit back. Apparently, as he never answered my question about where he secured the deposit, it was easy to figure out he had never actually done it. Before I sent him the letter, I asked every protection scheme through email, if they had my deposit, of course, none of them did. I guess that is what freaked him out, knowing that he would have to pay me much more for not securing it in the government scheme (and especially knowing that I know it).

So my advice to everyone is the same like I was given, dont send text messages to your exlandlord, dont write emails, send him a letter with Recorded signed for delivery and make a copy for yourself, maybe ask someone to sign it for you as a true copy send to that person on that that and keep it for yourself just in case you need it as a proof one day.

Now, having the money and looking back, I am so proud of myself. Knowing that somone wanted to keep my money and there was only that much that I could do, was stressing me a lot. In the few moments I was thinking of letting it be (it is only £300), but it was the unfairness I felt that was pushing me further.

Before, I didnt know almost anything about my rights and landlord's responsibilities but now, after hours spent on internet searching for information and an appointment in citizens advice bureau, I feel much more confident, having more knowledge and not pleasant, but very useful experience.

Thanks again guys, take care and hopefully you will help more poeple like you helped me!

Best regards, Marcela :X 81

Jools wrote this on 2009-11-01 23:11:31 Hey Marcela!

Fantastic news! See a little bit of self confidence and see what happens - really pleased you got it all sorted - now, about my fee................!!!

And for those doubters - we landlords DO help people sometimes as we are not all a bunch of W****rs!

Kindest regards,

Jools 82

likella wrote this on 2009-11-16 17:38:44 Hi All,

I need some advice please...

I moved into a studio flat in May 2009. I got it through a letting agency, and I also signed the contract with them. The agent signed the contract on behalf of the landlord and also provided me with the LL's contact details as he would be the one managing the property. There were some minor problems with the flat initially and I tried to contact the landlord several times but with no luck and the letting agency refused to help me. I had three former tenants from the same house on my door soon after I'd moved in telling that they haven't had their deposit back and cannot contact the landlord. I decided to get out of there after the initial six months and as the period was coming to an end I tried to phone the LL again several times and then sent a letter advising that I will be moving out. In the letter I asked him to confirm that he had received it and everything is ok so I can start looking for a new flat, cancel my bills etc. He never replied and I found out that he had indeed received the letter when my flat was being advertised on letting agencies web pages! Five agencies were advertising it and they all as well as the LL failed to inform me when they were having viewings which led to many awkward situations...

The landlord has not provided me with any details about my deposit and where it's being held even though the contract states that it is under a scheme. I also know that the new tenant moved in next day after I moved out, and that the landlord did not check the property in between.

To add a bit of suffering, I thought that he had cancelled my direct debit (being a dumb foreigner I didn;t know that there was a difference between DD and standing order) because I couldn't find it in my internet bank. Three days after moving out a standing order tranferred extra months rent to his account!! I went to my bank panicking and without money and told the whole story from the beginning. The lovely bank lady left a voicemail to the LL explaining that I had accidentally paid him money and that he needs to contact the bank to sort it out. To my surprise he called me the following day (first time ever!) offering to sort out the extra months rent. I spoke to him again the next day and explained that I had no money to buy food etc and he said that he would send a cheque to my new address straight away. He also said that I'll need to send the keys and receipts of all bills to his address and then he will send me my deposit, again no mention about the deposit scheme. Three days on I haven't received anythig on post and he is not answering his phone.

Can I try to claim 3x deposit back on these grounds?

Can I also try to claim my money back on the standing order issue or do I have to pay for my stupidity?

Any advice will be much appreciated!

many thanks,

likella 83

John Smith wrote this on 2009-12-05 18:20:48 Hi......my twat of an ex landlord has not returned over half of my deposit and he did not put it ito any scheme. He however now lives in New York, can I still serve Small Claim Court papers on him at his NY address or can I serve them on the place I was renting above which his agent lives? Thanks for any help. 84

Dee wrote this on 2009-12-27 13:46:49 Hi all,

I currently live in Scotland and i am looking for som advice regarding getting my deposit back.

Brief history, i have been living in my current flat for 18 months, and approx 3 months ago i was due to be relocating from my current flat to a new one with the same landlady as i was unhappy with the standard of the flat i am currently in, the furnishings are worn and need to be replqaces, the door handle on my main door has been broken and kicked in and i have felt victimised and threatened by other people living in the same block of flats, however, a few days before i was due to moce to the other falt down the road, my landlady came around when i wasnt here to put up to let signs and she had obviously had a nosy around the proprty, as i was not expecting her to show up at the flat, i admittidly i had not cleaned top to bottom, and the place was a mess due to me packing ready to move etc and working, i had also redecorated a few months beforehand.

That evening, i recieved an email from my landlady stating that i would no longer be offered the new flat as my current flat was a mess and the redecoration was substandard (i had wallpapered two walls, one in cream and blue in the living room to keep it neutral as before it had a horrid mural painted on the wall, and the other in the spare bedroom black and silver as the room had previously been royal blue and gave me a headache, i painted the other walls white) She also said she was evicting me on the 10th Jan 2010, which was my original end of tenancy date anyway.
I argued that the flat was disorderly due the fact i lived alone, had no holidays from work and had been given a week to move into the new flat, so i had been packing stuff up as quickly as i could as well as working 45 hours a week and the flat was just untidy not dirty or anything, which she argued was irrelevent, and i agreed that i would replace the black and silver wallpaper with a neutral cream colour anredo the living room.
All of this has now been done, and i thought i would be fine.
Then i recieved an email stating the guidelines regarding the end of tenancy cleaning, which i read throuhg, and although i dont have a problem with doing all the cleaning in that flat, i pointed out to her that when i moved in the flat was in a disgusting state, marks over the walls, the sofas were dated and worn, the laminate flooring and lino was poorly fitted, thewindows were stinking and full of tape marks, the bathroom ceiling was poorly painted and flaking off, the kitchen was vile, the oven hadnt been cleaned nor had the sink, that washing machine was broken and thre was no fridge.
My mum was also a witness to this as she was the guarantor and was present when i moved and in and went thru the inventory.
My landlady has disregarded this email.
Also, my front door was kicked or hit with an object and the handle has been hanging off for approx 3 months now, it was reported to the police and the landlady took photos of it, but nothing else has been done to rectify this, and as the main entry door to the block is also faulty and does not lock this has led to me feeling insecure and unsafe in my own flat that i am still paying rent for.

My final walkthrough is on the 11th Jan, and although everything will be cleaned to a professional standard and the redecoration has been redone etc, i know that my landlady will still try to withold my depoit and i dont know where i stand, i dont want her to thinkshe can intimidate me just because i am 21 and living alone.

Do i have a case against her at all? 85

twattybollocks wrote this on 2009-12-27 21:38:15 Hi Dee,

The law in Scotland regarding deposits etc is i believe different to that of England and Wales as are the tenancy agreement laws so it may be a good idea to contact your local housing advice centre or advice office asap.

In England/Wales a landlord/lady cannot use the excuse of "dirty living conditions" as a a means to evict. It's your house you can so what you want as long as it is to the same standard when you move out. If you want to live in a pig sty (no offence meant) then that is your choice.

If you have broken anything after signing the inventory then you will have to replace but it is going to be very difficult for her to prove fair wear and tear if the house was manky when you moved in. BAsically if she tries to retain your deposit tell her that, if necessary, you will sue her through the small claims court (or equivalent in Scotland) as the onus was on her to get the broken items repaired that you requested.

Good luck

TB 86

gemma wrote this on 2010-01-16 20:06:27 hi,
i've recently moved, my ex-landlord was really nice when i lived there but due to massive condensation probs(i refuse to open windows in jan with a 1 year old daughter) and everything going mouldy causing alot of damage to my possessions i decided to move. he then started to get a bit funny with me. i was part of the rightmove bond scheme but he would not sign off the propert until i vacated, desperate to leave i paid the bond amount to the letting agents. i feel i have left the flat in reasonable condition but ive just been sent the inventory and they're being so petty! surely hair down the plughole doesnt warrant a proffessional clean of the bathroom??? the fridge was cleaned but i forgot to do the freezer,they say there are greasy deposits on the cupboards(from my flash spray!!!) and because of this the kitchen needs A proffessional clean!!!! there is a scorch mark on living room floor and if i caused genuine damage then im quite happy to pay. who decides whats petty and absurd?? i really feel like the landlord and letting agent are trying to take advantage, and seems that they are trying to claim back anything they can.where can i get some good advice on where i stand and what my rights are??? whats this scheme thingy? never heard of it before!
any advice appreciated xx 87

GillsMan wrote this on 2010-01-16 20:14:17 Hi Gemma,

Without seeing the flat, some of the LL's demands do seem fairly reasonable. If you didn't defrost the freezer, you should expect to be charged - was it defrosted when you moved in? Was their hair in the plughole, scorch marks on the living room floor? Grease in the cupboards? You have to expect some deductions from your deposit.

However, there are rules about how much the LL can deduct. For example, if the carpet in the living room was 5 years old when you moved in, the LL couldn't charge you for a new carpet just because of the mark - they have to allow for dilapidation and things like that.

If you moved into the property after September 2007, your deposit should have been protected in a scheme. If it isn't, you can take your LL to court and sue for the entire deposit PLUS 3x the deposit (in practice, however, a LL can generally avoid paying the 3x deposit penalty by protecting it and/or returning the full deposit before you go to court). 88

gemma wrote this on 2010-01-16 20:26:29 thanks for response! some of them are reasonable and i accept that some of the 'damage' is my responsibilty. im about to write a letter to dispute some of the claims (there is damage to the kitchen counter which i didnt do but have no proof, so ive just been on the letting agent website and there are pics of the kitchen with the damaged counter on! doesnt that just show what kind of people im dealing with? they dont even know damage that was there prev. to me!) should i just be honest and tell them what i think is petty or will i just get laughed at?
i have no idea what this scheme is! how can i find out if im on/in one? 89

GillsMan wrote this on 2010-01-16 20:41:14 Hi Gemma,

Regarding the scheme: The agency (LA) should have given you the deposit within 14 days of you signing the tenancy agreement. When did you move into the property? The first thing I'd do is write them a letter/email asking which scheme your deposit was protected in, and follow this up with a phone call.

If they have protected it and they advise you which scheme, then you can open a dispute for the deductions and it will go to arbitration. It sounds like you have a case for some of the deductions, and you'll also be ensuring that any deductions are fair.

If they haven't protected it, take them to court and sue for the whole deposit PLUS 3x the deposit. It's highly unlikely that you'll get the 3x deposit (the LA would have to be spectacularly stupid to not protect it before the court date), but at least you'll get your whole deposit back. 90

Amy wrote this on 2010-01-16 20:48:33 If you've already moved out then the LA cant protect the deposit AFTER the tenancy has ended, so you would get the 3x the deposit in compensation plus the original deposit as long as the court finds that the deposit wasnt protected.

The law is very clear cut on this subject, and further information is on direct.gov under deposit protection. 91

gemma wrote this on 2010-01-16 21:22:32 because im on local housing allowance i originally went with rightmove bondscheme, if youre not familiar with them they basically make an agreement with LA and/or landlord stating that they if there is any damage they are liable not the tennant. its a way of renting wothout having to stump up the bond.when i decided to move rightmove told me in order for them to help me again the ladlord would have to sign off the property stating that he would not be claiming for any damages. he would not do this so i paid my £550 bond to the letting agents, so that if there was any damage he knew that there was money there to pay. as far as i am aware the LA just put it into one of their holding accounts. would my situation make me exempt from the protection scheme???? i moved in 6.12.08 and handed in my notice exactly a year later and moved out a few weeks ago. im not bothered about the whole deposit just dont want people to take the piss and think its ok to just take peoples money willy nilly. personally i think hes annoyed coz i called enviro. health and hes been told he has to install a smoke alarm system!! 92

Amy wrote this on 2010-01-16 21:33:06 As long as the deposit is paid after 2007 it needs to be protected. You had the bond scheme, which sounds like a good one, but it doesnt fall under the deposit law as its not government approved. All deposits paid have to be in a govt approved scheme by law.

There are only 3 schemes which are govt approved, all listed on direct.gov with phone numbers etc.

Knowing that your on lha, this suggests to me that you qualify for the new version of legal aid called community legal service. They helped me when I had a problem with my landlord not protecting my bond, all for free, and over the phone. They sent me out complete notes of all the conversations and my legal standpoint on the issue, and even would have helped with the court forms had I had to go that far :) 93

gemma wrote this on 2010-01-17 19:15:38 thanks for the advice!!! ill let you know how i get on!! 94

Klara wrote this on 2010-01-18 21:30:08 Hi,
I'm having a bit of nightmare with my ex landlady. My flatmate and I moved out of our flat on 29th August 2009, after living there for two years. Both the check in and check out inventories were performed by an external company. It turned out that my landlady hadn't paid them for the check out inventory, so after repeated requests to return the deposit we finally received the full amount in Oct/Nov (just as I was preparing to go to the Dispute Service). She later emailed us a copy of the check out inventory, and said that we owed her for some of the damage, which we disagreed with as she had not notified us in reasonable time (I think our deposit scheme says that she has to notify us that she is going to make deductions from the deposit within 10 days, and of specific amounts soon after that - I don't have our copy of the Deposit Scheme to hand).
In the last few weeks, she has begun emailing me and my flatmate again, saying that we owe her money for cleaning the carpets and some other minor issues, which obviously we disagree with, particularly because of the time that has passed since we moved out. She didn't seem to know that our deposit had been returned to us in full(but there's no way it would have been released by the holding company (Sequence UK) without her permission, which I know because I was in contact with them at the time to find out why it hadn't been released). She said that 'it was only fair' for us to give her money towards cleaning etc., and I replied saying that we would not be doing so because we had no obligation to do so, and that I disputed that the work was necessary anyway. Today she has said that she feels she has no other option but to instigate court proceedings against us.
As far as I can see, she has absolutely no legal grounding for this, but am I missing something?
Please help!
Klara 95

Lisa wrote this on 2010-02-04 15:28:47 Hi all,
just wondering if you could help me out with some advice.
I'm currently living in a house which has caused me no end of problems. when i signed the contract it was signed for a proffessional houseshare however shortly afterwards 2 students moved in. causing me excessive council tax bills and trouble getting gas and electric bill money from then, let alone being kept awake until 4 in the morning and the house constantly smelling of weed.

i've made constant complaints to the letting agency who claim to have passed these on to the landlord including an actual formal written complaint. all of which have been ignored.

i've found somewhere else to live as living here is causing me no end of misery but now i'm being told that i cant move out without having to pay the rent for the rest of the contract or claim my bond back which i believe is not protected in the DPS system.

Any advice would be amazing
Thanks guys
x 96

Jools wrote this on 2010-02-04 16:09:00 Hi Lisa:

OK - heres my take on it. If the original let was for professionals then you would have to have paid the council tax anyway so I dont understand where the issue is there.

Can't work out if you are the tenant or a live in Landlord?.

Is the letting agent a full management or tenant find only? If tenant find only then you have to deal with the landlord BUT if they are management then they have an obligation to help sort the issues.

Why is it upto you to get the money from them for the Utility bills? If a letting agency - they should be sorting out the billing for you and then dividing between the number of tenants!

Smoking weed is illegal - in the AST there should be a clause that says something like the tenant will not engage in illegal activities in the property. Contact your local councils environmental health department for advice. You could also threaten to sue the landlord for the effects of second hand smoke. Not entirely sure how the smoking ban works in shared accomodation as I ban it completely in my properties. The deposit MUST be protected somewhere within 14 days by law - and you must be informed where it is held and by which company. If it is not you can sue the landlord for 3 x the deposit amount. You should also be able to sue the landlord for the remainder of the rent if he fails to deal with your issues, and insists you pay.

Just make sure you send all the letters special delivery and keep reasonable at all times with your requests! The courts are more likely to agree in your favour if you have been consistent and reasonable and the landlord/agent has done sod all!

Let us know how you get on!

Cheers

Jools 97

eviction wrote this on 2010-02-08 19:43:53 can a landlord kick you out for no reason becouse you simply told him cooker doesnt work and your girlfriend is pregnant and he keeps turning up without asking. he said he have to be out by tomorrow.


aswer back A.S.A.P. 98

Amy wrote this on 2010-02-08 19:50:50 Your landlord cannot ask you to leave without first serving proper notice. He also cannot turn up and make you feel forced to leave, if he continues to do this it may be classed as harassment.
If you feel this may be the case, then contact your local council and speak to the tenant relations officer, they are the experts in this situation, and they may advise you to contact the police, but this depends on the exact circumstances.
If repairs are an issue then again contact the council, I've just been through this process with my landlord and it was the housing enforcement team that dealt with it, which in my case also happened to be the tenant relations office for when we were threatened with eviction by our angry landlord. 99

Hez wrote this on 2010-02-10 18:54:57 i went to court on this issue, the court didn't enforce the law. the landlord got away with paying only my deposit back, instead of the 3x plus the deposit as stated in the law. courts are a farce 100

Blackcatgirl wrote this on 2010-02-10 19:05:39 I am taking my ex-landlord to Court 29th April for non-compliance WITHIN the duration of the tenancy. He put money into the DPS after court claim issued and after tenancy ended. DPS kept money - but its in a "suspense" account and the only way either myself or the ex-landlord can touch it is with a Court Order.

Will update after the Trial end of April. Cost me £3K in costs so far though. Not for the faint-hearted! 101

Vikram wrote this on 2010-02-12 11:36:58 I am thinking of going to court to get back my deposit from my previous landlord. Here is my story, please tell me if I have any chances of getting back my money:

(Paid £950 as deposit and it was not protected by LL)

- Rented the property for 12 months but had to leave much sooner. Moved out after 3 months, after finding an acceptable tenant. LL did not incur any loss of income.

- On the day we moved out, LL said he will return all the deposit in 15 days. But that never happened.

- My stupidness, I forgot to cancel the SO for the rent. It got executed after I left the property. But luckily, the LL paid back the money (£950 - one months rent).

- But after this, he is refusing to pay my deposit. He is saying he has no money to pay me. He is also saying that he is shifting to Dubai and I cant do anything by going to court. But he has multiple properties here, from where he gets a rental income.

In this scenario, what are my chances if I go to court?

Thanks for reading the long post.
Vikram 102

Fiona wrote this on 2010-02-24 11:46:11 Hi,

I signed a 12 Month tenancy agreement on 18th Sept 2009 paying a bond of £725.00. I recieved a letter from DPS on 15th January saying that my Bond had been protected on 11th Jan 2010. The DPS Certificate stated I had signed a 6 Month tenancy agreement and that that started on 11th October which is clearly wrong. Is it possible for me to sue for 3 times by bond based on the above and the fact that the bond has now been protected even though it was over 3 months late?

Just to make you aware I have just this week handed back the keys to the property as I askedb to be released early from my tenancy and the agents have found a new tenant.

I hope someone can help me understand where i stand with the situation.

Thanks. 103

Lucy R wrote this on 2010-03-10 12:46:50 Hi, I am worried that I will not receive my deposit from my letting agent. The girl's room I took at the end of last year has informed me that the letting agent merely transferred the money into her account (after a lot of aggravation) rather than receiving a check from the tenancy deposit holding scheme. Which makes me suspect that my letting agent is not using it, how do I prove this and ensure that I have my deposit returned? Any advice would be appreciated thanks Lucy 104