Landlords right to retain rental deposit

aix0

aix0

aix0

Associate
Joined
16 Mar 2005
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708
Location
Staffordshire
Hi

I've recently left a property which I had rented for approximately 18 months. I had paid the landlord a security deposit of £800 and am now requesting that this be returned to me in full. The landlord is now trying to pull every trick out of the bag in order to get around paying me back the £800.

I've been digging around and trying to figure out the legalities of security deposits and whether he has any right to retain my deposit and my question to you guys is:

(From what I gather)

Under the Housing Act 2004 there is legislation which stipulates that any deposits taken for an Assured Short-hold Tenancy (AST) agreement must by law be protected by a government-backed Tenancy Deposit Protection (TDP) scheme. This legislation was introduced in 2007 and my tenancy began in 2010.

Because my former landlord had not protected my deposit using a TDP scheme (no mention of this in my tenancy agreement, nor any notification within 14 days of the deposit being taken), does he have any legal right to retain any sum of my money?

Thanks for you help.
 
If he hasn't protected it then you're entitled to compensation AND your deposit back. If he has then you go through arbitration if you disagree on deductions he's made.
 
From what I gather, it's illegal for him not to have put your deposit into the deposit scheme. Compensation is something like three times your deposit.
 
My next question is, how do take action? Should I consult a solicitor or is there an official body which deals these matters?
 
aix0 said:
My next question is, how do take action? Should I consult a solicitor or is there an official body which deals these matters?
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write to the landlord directly quoting the above links/informaiton and request that it is returned in full within 14 days or something. Send it register post to confirm delivery.

If not then seek legal action or speak to local CAB
 
What happens if you do not protect your tenants' deposits
You must protect your tenants' deposits using a tenant deposit protection (TDP) scheme, if they have an AST which started after 6 April 2007.

If your tenants are covered by the TDP legislation and you do not protect their deposits, you may not be able to get possession of your property at the end of the tenancy.

If your tenant believes their deposit is not being protected in a scheme, they can apply to the county court. If the court is satisfied that the landlord has not used a scheme to protect the deposit or has not done all the things he is required to under the legislation and scheme rules, it must do one of the following:

order the person holding the deposit to repay it to the tenant
order the person holding the deposit to pay it into a custodial scheme’s bank account within 14 days
In addition, the court must also order the landlord to pay the tenant three times the deposit within 14 days of making the order.

Read 'Deposit protection schemes for private tenants' to find out when you need to use a tenancy deposit scheme and the scheme providers available.
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From here there's also a PDF of the instructions on that page.
 
What if my landlord does not protect my deposit?
If your landlord or an agent acting for your landlord does not protect your deposit using a tenancy deposit protection scheme, or will not tell you which scheme they are using, you could take them to court. However, before taking court action you must write to your landlord (or agent) first to give them the chance to protect the deposit. If they do nothing and you take court action, the landlord can protect the deposit up until the date of the court hearing, but they may have to pay your court costs as a result.
If by the time of the hearing your deposit has still not been protected and your tenancy has not ended, the court can either order your landlord to pay you back the deposit or to pay it into one of the schemes. It may also order your landlord to pay you three times the amount of the deposit as a fine. If possible, it's best to avoid court action, so if you're thinking about taking your landlord to court, you should get advice straightaway.
If your tenancy has ended and you take your former landlord to court, different rules will apply. The most the court can do is order them to pay you back some or all of your deposit and possibly the fees you paid to start the court claim. If possible, it's best to avoid court action, so if you're thinking about taking your former landlord to court, you should get advice straightaway.
There is a special procedure which private landlords can often use to evict tenants without having to give reasons and without a court hearing.
However, your landlord is not allowed to use this procedure if they don't protect your deposit using a tenancy deposit protection scheme, or will not tell you which scheme they are using. If your landlord is trying to evict you, you should talk to an experienced housing adviser straightaway.


Source is same as above, by the looks of it.
 
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