Here’s a conversation I had earlier with a friend of mine:
My ex landlord claims he’s paid my deposit, but it’s not gone into my account. Nowhere on my statement. What can I do if he keeps claiming he’s paid it?
Ok, your Landlord is breaking the law. He doesn’t have a leg to stand on- so it’s in his best interest to make sure you receive the money.
God, I fucking hate asshole Landlords.
I’m assuming this is quite a common problem for tenants, even though it shouldn’t be, because by law, landlords shouldn’t have control over tenancy deposits.
Since 6th April 2007, when a tenant pays a deposit for an assured shorthold tenancy in England or Wales, the landlord or letting agent must protect the deposit into a Government-backed tenancy deposit scheme.
The scheme was developed so disputes regarding the deposit can be moderated externally by an impartial party.
In the past there have been a high number of disputes between landlord and tenant regarding security deposits e.g. deposits were being withheld unfairly. That’s precisely why the scheme was so crucially introduced.
Landlords that fail to secure their tenant’s deposit can be taken to court and fined 3 times the deposit amount. Securing the deposit is a legal requirement, and it is the landlord’s responsibility to ensure the tenancy deposit legislation has been complied with. If a letting agent is acting on behalf of the landlord, it is still the landlord’s responsibility to ensure it’s been secured.
So, assuming you have an assured shorthold tenancy, and if you feel your landlord is unfairly keeping your deposit, then feel free to threaten the fool with legal action. More details on the gravity of the situation over at the, I haven’t protected my tenant’s deposit, blog post; although the blog post is written for landlords, it will give tenants a good understanding of their rights.
Taking legal action
If you want to take legal action against your Landlord over this issue, you need to go to a small claims court. All the information you need is over at the official hmcs website. Good luck!
Has anyone been in this situation, where your dickface landlord has held back deposits unfairly? I’d be interested to hear your story…