1st step would be to contact the landlord in writing asking for the details of the deposit protection scheme he uses so you can dispute his decision not to give back the deposit. This should make him kak his pants and deal with you a bit better.
Landlords right to retain rental deposit
- Thread starter aix0
- Start date
100+ properties purchased with all the stolen deposits!
wow you can see why he keeps the deposits thats a nice few gran a year
A reasonable time frame to return the deposit from exiting the property is deemed to be 30 days.
After which time you can send them a letter before action. Should be able to get a letter template from moneysaving expert, or consumer action group.
You can also point out his unlawfull behavior (with regards to deposit protection) in this letter, and that you will be seeking compensation as outlined in the Housing Act 2004 section 214 (3).
Is there a signed (by both parties) inventory upon BOTH commencment of tennancy AND exiting?
If this is missing, the landlord cannot make ANY deposit deductions as no party can proove the condition of the property either before or after the tennancy - you simply assert that its in the same condition as you found it.
Dont get too excited about 3x deposit compo though - the was a loophole, not sure if its been closed or not, where landlords were being let off the compo payment if they retrospectively put the money into a protection scheme.
Here ya go;
http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?65-Residential-and-Commercial-Lettings&
EDIT there are 3 issues here that need to be outlined in your letter before action, you will be able to find the correct wording in the stickies on the above forum:
1)The deposit is in dispute
2)The deposit was not in a scheme
3)The landlord (by the time the letter will be sent) has failed to return the deposit within a reasonable time.
After which time you can send them a letter before action. Should be able to get a letter template from moneysaving expert, or consumer action group.
You can also point out his unlawfull behavior (with regards to deposit protection) in this letter, and that you will be seeking compensation as outlined in the Housing Act 2004 section 214 (3).
Is there a signed (by both parties) inventory upon BOTH commencment of tennancy AND exiting?
If this is missing, the landlord cannot make ANY deposit deductions as no party can proove the condition of the property either before or after the tennancy - you simply assert that its in the same condition as you found it.
Dont get too excited about 3x deposit compo though - the was a loophole, not sure if its been closed or not, where landlords were being let off the compo payment if they retrospectively put the money into a protection scheme.
Here ya go;
http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?65-Residential-and-Commercial-Lettings&
EDIT there are 3 issues here that need to be outlined in your letter before action, you will be able to find the correct wording in the stickies on the above forum:
1)The deposit is in dispute
2)The deposit was not in a scheme
3)The landlord (by the time the letter will be sent) has failed to return the deposit within a reasonable time.
Last edited:
Not automatically, that's the maximum fine that a court judge can award you.
Soldato
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ONLY IF you are still a resident at the property. If you aren't, then forget it. And even if you are, you have to request it be put into the scheme and if the landlord refuses then it goes to court etc then you have a chance at the 3xdeposit. ONLY under those circumstances.
Trust me, I've looked into this after my own recent experience:
http://forums.overclockers.co.uk/showthread.php?t=18350457
Associate
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The 3x deposit penalty has effectively been rendered useless as a result of a badly drafted law and some of the cases that have been to appeal. It might be a useful threat for your first "Letter Before Action" but don't expect to actually get it.
Realistically, send him a letter demanding return of the whole thing within 14 days. Then go to https://www.moneyclaim.gov.uk/ and file a case.
Realistically, send him a letter demanding return of the whole thing within 14 days. Then go to https://www.moneyclaim.gov.uk/ and file a case.
+1 for the law surrounding the deposit return penalty being effectively useless, my landlord didn't protect and tried to pull a fast one by not returning it etc, gov did nothing, in the end she just registered it with a DPS and returned it the next day. What is the point in this sort of legislation if its not ever enforced!
I guess you could argue that it's doing exactly what it's intended to do, which is prevent landlords from illegally withholding deposits. You got your deposit back didn't you?
It was never intended as a get-rich-quick scheme for tenants.
Soldato
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Pretty sure my deposit isn't protected, i look forward to sorting that out in a few months 
Associate
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- 1,195
It isn't the lack of enforcement that's the problem, it's the badly written law. Courts have tries to enforce it, but eventually the High Court decided it was tootless. http://blog.painsmith.co.uk/2010/02/12/high-court-decision-on-tdp/
As one judge pointed out this "drive a coach and horses through the intent of the Act as it would permit a landlord to not protect a deposit until such time as they were challenged in Court."
However, no S21 notice is valid if it is served before your deposit is protected so the landlord cannot kick you out with the no-fault notice if your deposit is not protected.
I wouldn't bother with a solicitor, phone him and tell him you know your rights and that the deposit wasn't protected and as such you could take him to court and be awarded x3 the sum of the deposit.
That should light a fire under his ass..... Tell him has 5 days to return the deposit or you start legal proceedings to get x3 the amount.
The legal road will be a royal pain in the ass.
The real question is what is the landlord claiming expenses for and what are the reasons for keeping the deposit?
The deposit is there to pay for damage caused by the tenant, cleaning services, unpaid bills, etc. If you have broken something or didn't pay for your last elec bill etc., then the landlord can remove such expensive form your deposit or hold onto your deposit until you pay for these things.
I guess you could argue that it's doing exactly what it's intended to do, which is prevent landlords from illegally withholding deposits. You got your deposit back didn't you?
It was never intended as a get-rich-quick scheme for tenants.
Yeah totally I'm glad it's there, but it acts as a deterrent more than a punishment to the landlords who are ignorant to the DPS as the legal proceedings are just time consuming and a pain in the ass, which is not helpful if you need that deposit to secure your next rental property. The whole private rental market is a bit of a profiteering ponzi roller coaster anyway, needs some clear regulation rapido.
It's worth noting that any deduction from the deposit needs to be verified by a 'vacation agreement' (leaving inventory), comapred to the initial invrentory prior to the tennancy. Otherwise its your word against theres that there was any damage/cleaning required, and therefore no decuction from the deposit.
This can then be argued/arbitrated, the classic one is over inflated cleaning bills - these need to be recipted and reasonable - ie: the landlord cant just pay his mate to knock up an overpriced cleaning bill - it all has to be justified.
OP - if you stick at it, you will get back your deposit, minus any FAIR deductions - just keep at it, problem landlords, just like any other rogue business rely on people becoming apethetic and giving up the chase, to make themselves a few quid.
This can then be argued/arbitrated, the classic one is over inflated cleaning bills - these need to be recipted and reasonable - ie: the landlord cant just pay his mate to knock up an overpriced cleaning bill - it all has to be justified.
OP - if you stick at it, you will get back your deposit, minus any FAIR deductions - just keep at it, problem landlords, just like any other rogue business rely on people becoming apethetic and giving up the chase, to make themselves a few quid.
