Landlord being a ****, deposit is not protected, how do I claim?

Soldato
Joined
6 Oct 2004
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19,315
Location
Birmingham
Moved into a new flat a couple of months ago, and it turns out the landlord(lady) is complete female dog!

The issues that have arisen are surrounding the payment of rent; the first month my rent payment was late by a day (we signed the tenancy agreement 2 days before it was due in her account and my bank doesn't use fast payments, I explained this to her at the time). This week, my partner's rent is a couple of days late as her bank haven't processed it as a fast payment. Instantly we're getting emails and texts saying we're taking the urine and to stop screwing her around. I could understand the landlord's concerns, except we've kept her informed at all times and always been polite and professional in our communications, whereas her emails/texts are very abrupt and rude, with accusations of lieing etc.

The tenancy agreement states that the deposit is held in a seperate bank account, doesn't mention anything about deposit protection, and we haven't received any reference numbers/letters from the DPS like I've had before. So, I'm wondering how we go about claiming our 3xdeposit. Preferably just before christmas so we can ruin it for the silly cow :p

P.S. my partner has just mentioned that she thinks the flat hasn't been declared for tax - which could explain the lack of deposit protection. I'm assuming we can use this fact to our advantage, anyone have any suggestions? :D
 
A deposit must be in an approved deposit protection scheme and has to be put in within 14 days if I remember correctly.

If not, the tenant can claim up to five times that amount in a civil court.
 
I'm pretty sure that Smallhausen is right. I seem to remember being asked by my last landlord to deal with the DPS as this was now a legal requirement.

Speak to the CAB, and look into taking her to the small claims, or even the civil court.
 
It's definitely a legal requirement to use DPS. I'd report it asap, you could try calling the DPS and ask them for advice or going to CAB.
 
Out of interest, are you moving out?
Have you gave notice to quit?
As you haven't stated such in the OP unless I missed it.

Why would you wish to attempt to claim your deposit back otherwise?
 
We're not moving out yet - got another 4 months to go, we were planning to stay longer as it's a nice flat, but with her attitude we've decided to get out as soon as the 6 months is up.

She's already threatening to take money out of the deposit, but we're not really planning on claiming it yet, just trying to find out what we can do, the bit about claiming it before christmas was just me venting frustration =P
 
Doesnt she still need to give us the details within 14 days?


Yep. Our notification of this was in our contract, others it'll be a separate letter.

If you've had no notification and if it's not insurance-protected you've got a nice lawsuit on your hands if you want it :)
 
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