Landlord withholding deposit but not protected it. Advice please.

Lartyconshayo · 22 Jan 2014 at 22:27

So just moved out of property and suddenly landlord has turned from nice to nasty and is implying that she'll be having a new cooker and doors and other bits and pieces.

However it turns out that she has never informed us of the scheme that she put the deposit in. I'm 100% sure it's because she's a moron as this was her first non family let and the law changed after we gave her the deposit.

Has anyone claimed the deposit back through county court. And how did you find it ?

MrMoonX · 22 Jan 2014 at 22:32

I think you get 3x deposit back as she never protected it, amateur landlords are just lol you should clean up and wipe the floor with her.

First check with all three deposit protection schemes to see if it is protected, if it is dispute the deductions, if not court

Ilikeitblackplease · 22 Jan 2014 at 22:56

you need to check the 3 deposit agencies give them a call and they let you know.

Lartyconshayo · 22 Jan 2014 at 23:10

Even if she has she never told us about it. From what I can gather it's not just about being in the scheme in good time it's about letting the tenant know within 30 days of depositing.

Thanks for the advice . I'll ring the schemes and find out. I assume it's just an address I'll need.

We are probably going to see CAB just to make sure we do it all by the book etc...

lord filbuster · 22 Jan 2014 at 23:17

djferrick said:
Even if she has she never told us about it. From what I can gather it's not just about being in the scheme in good time it's about letting the tenant know within 30 days of depositing.

Thanks for the advice . I'll ring the schemes and find out. I assume it's just an address I'll need.

We are probably going to see CAB just to make sure we do it all by the book etc...

You said the law changed after you gave her the deposit, what did you mean? If your tenancy started before April 2007 then she didn't need to put it into a protection scheme. Even so, she certainly can't use the deposit to pay for improvements.

Windle · 22 Jan 2014 at 23:30

lord filbuster said:
You said the law changed after you gave her the deposit, what did you mean? If your tenancy started before April 2007 then she didn't need to put it into a protection scheme. Even so, she certainly can't use the deposit to pay for improvements.

Not strictly true, if his tenancy was renewed at any point it should have then been put into a scheme:

"Deposits taken before 6 April 2007 do not need to be protected by a scheme such as The DPS. However, as an existing tenancy is renewed and a landlord agrees a new fixed-term tenancy, the initial deposit taken must then be lodged with a tenancy deposit protection scheme."

Lartyconshayo · 22 Jan 2014 at 23:42

Started 2010. Scotland. Law states any deposit paid before March 2011 has to be in scheme by May 2013.

lord filbuster · 22 Jan 2014 at 23:57

That's good news for you then. Sounds like a quick trip to CAB and then a letter to the sheriff's court are in order.

Haggisman · 23 Jan 2014 at 09:15

Not sure if it's the same in Scotland, but in England I believe you have to give her the opportunity to provide the details before you can start court action. So request details of the deposit scheme, and she gets 14 days to give you them (and hopefully doesn't), THEN you can rip her a new one.

Windle · 23 Jan 2014 at 10:37

djferrick said:
Started 2010. Scotland. Law states any deposit paid before March 2011 has to be in scheme by May 2013.

Actually before then in some cases:

"Key dates for landlords
The dates by which landlords must pay deposits to an approved scheme and provide information to the tenant vary, depending on when the deposit was received:

1. Deposit received prior to 7 March 2011:

Where the tenancy is renewed by express agreement or tacit relocation on or after 2 October 2012 and before 2 April 2013 (Regulation 47(a))

Within 30 working days of renewal

In any other case (Regulation 47(b))

By 15 May 2013"

Also,

"9. FAILURE TO COMPLY WITH TENANCY DEPOSIT REGULATIONS
What happens if the deposit is not submitted to an approved scheme and/or information not provided to the tenant?

A tenant may apply to a sheriff court for sanctions against the landlord for non compliance with the regulations.

If the sheriff is satisfied that the landlord has failed to comply, they must order the landlord to pay the tenant up to three times the amount of the deposit and may order that the deposit is submitted to an approved scheme or information provided.

The sheriff will have discretion to take the individual circumstances of each application into account when deciding the amount of financial penalty that should apply."

Sounds like your quid's in regardless, start the application to the sheriff court and get 3x your deposit returned.

Lartyconshayo · 23 Jan 2014 at 12:51

Just checked with all three agencies this morning. No record. Partner speaking to CAB this afternoon.

Lartyconshayo · 23 Jan 2014 at 20:18

Well looks like we're gong to court. She just said she was a good LL and she'd see me in court. Any one advise n how to fill out small claims. I've been to Scots court website and dl docs but so much going on and not sure understand all legal jargon.

finga · 23 Jan 2014 at 22:04

send her a letter first, informing her she has 7 days to return your deposit or you will proceed with court action which will cost her 3 times the deposit, or whatever the penalty is nowadays. She has broken the law and doesnt have a leg to stand on, she will lose in court, she may think differently after a couple of days sitting on that.
I used an agency when I had the exact same situation as you back in 2009, they sent a letter, I had a few phone calls from the landlord trying to get me to stop court action and settle for 75% of my deposit back, they paid me in full 2 days after i flatly refused that, never even got to court.
Personally, I didnt mind handing the agency a small percentage of my deposit for doing it all for me, as long as the thieving landlord didnt get a penny.

Lartyconshayo · 23 Jan 2014 at 23:34

Could you point me in the direction of the agency? Do they operate in Scotland. There's a case I have a solicitors name from it was high profile as it was one of the first to test the law. The tenant recd 3500 approx which was the full 3 times the amount.

finga · 23 Jan 2014 at 23:43

I think it was national tenant helpline i used, but theres loads, just google for tenancy deposit recovery scotland and it should throw up a few, they are just no win no fee solicitors doing it for a % of your deposit.
Its basically just paying for a solicitors letter to your landlord, which usually scares them into paying, but they will do the court thing for you if they ignore it.

Lartyconshayo · 24 Jan 2014 at 05:39

Cheers finga

rubberduck · 24 Jan 2014 at 12:38

Do you have proof that the deposit was paid to her i.e. bank transfer record or receipt?

If yes, then take her to court and laugh in her face.

Lartyconshayo · 24 Jan 2014 at 13:55

It's on the signed copy of the lease

Destination · 24 Jan 2014 at 14:59

djferrick said:
Just checked with all three agencies this morning. No record. Partner speaking to CAB this afternoon.

Are the three agencies in Scotland the same as in England?
AFAIK Norn Iron has its own now, does Scotland?

Lartyconshayo · 24 Jan 2014 at 20:29

yes Scotland has it's own which I've checked. I've got a convo with a no win no fee lawyer on Monday. If win I get my deposit back guaranteed and I split anything above that 50/50 with the solicitor.

To be honest that sounds fine to me.

Landlord withholding deposit but not protected it. Advice please.

Wise Guy