Deposit advice?

antijoke · 7 Dec 2009 at 12:06

Thermaltake said:
we had to pay off bills

Why does that stop you pursuing the deposit being paid back? :confused:

mattheman · 7 Dec 2009 at 12:07

Abraham said:
I think there is some leniancy if it's realised during the tenancy, .

yep there is, but its better to be safe than try it out.

mattheman · 7 Dec 2009 at 12:08

AcidHell2 said:
It is not and if your friend laid down and accepted lies then he's an idiot.

erm i think you need to read a bit more about how the whole thing works.

Glaucus · 7 Dec 2009 at 12:08

mattheman said:
yep there is.

Again no, other than a judge. read the legislation

Payment to the Tenant

Tenants can make an application to a County Court under Housing Act 2004 if they believe that their deposit is not being safeguarded, or where they have not been given the prescribed information about the scheme in which the deposit is safeguarded within 14 days of the landlord receiving the deposit.

Where the court is satisfied that the landlord has failed to comply with these requirements, or the deposit is not being held in an authorised scheme, the court must either order the landlord to repay the deposit within 14 days of the making of the order, or order the landlord to pay the deposit to the custodial scheme administrator.

Trusty · 7 Dec 2009 at 12:08

because they couldnt sign off the readings on the gas meter. The bills ahd to be paid off first.

mattheman · 7 Dec 2009 at 12:10

AcidHell2 said:
Again no, other than a judge. read the legislation

acidhell , it doesnt work like that.

Glaucus · 7 Dec 2009 at 12:11

mattheman said:
acidhell , it doesnt work like that.

that is the legislation, go read up on it.

Trusty · 7 Dec 2009 at 12:12

ok i've phoned TDS, my deposit was £800 and TDS have a record of £400 not the full £800.

PARTY TIME ME THINKS!

mattheman · 7 Dec 2009 at 12:12

AcidHell2 said:
that is the legislation, go read up on it.

no point you seem to know more than shelter, housing layers etc...

Glaucus · 7 Dec 2009 at 12:13

mattheman said:
no point you seem to know more than shelter, housing layers etc...

I don''t that is government legislation in black and white.

mattheman · 7 Dec 2009 at 12:14

Thermaltake said:
ok i've phoned TDS, my deposit was £800 and TDS have a record of £400 not the full £800.

PARTY TIME ME THINKS!

Was the inicial £400 or £800 or was £400 taken out to fix the place up... you need to ask how much was the scheme open with.

Trusty · 7 Dec 2009 at 12:15

£400 the guy on the other end told me they have broken the law!

mattheman · 7 Dec 2009 at 12:18

Thermaltake said:
£400 the guy on the other end told me they have broken the law!

Do you have a reference number? now phone up shelter and get the ball rolling, and dont tell the EA or landlord. My guess is the landlord will give you back £400 whats in the TDS. If i were you i would act quickly.
do you have a copy of the recipt for £800?
you'll get back all of the deposit and maybe an extra £800.

Trusty · 7 Dec 2009 at 12:19

Erm im not sure whether we have a receipt for the £800, the landlord should have one tho. Surely it wont matter if we go in to the estate agent and say this, theres nothing they can do.

Kol · 7 Dec 2009 at 12:20

Some of my ex house mates moved into another house when at uni and the landlord didn't protect the deposit. The house was an absolute wreck when they moved in (thankfully took record of it) and whilst there they made it relatively nice. Completely renovated the garden, the landlord allowed them to put decking in and have a nice patio but at the end turned into a right numpty claiming the lounge was a tip, the kitchen was damaged, the garden was in a poor state (bear in mind the garden looked like a landfill and was now landscaped) and tried to with hold the entire deposit.

Alas he didn't protect it, they fought it out and he received a fine and they got around 3x the deposit back. Win.

Kol · 7 Dec 2009 at 12:21

mattheman said:
and dont tell the EA or landlord.

Why is that even relevant? The deposit hasn't been protected, you can't retrospectively put the money in, so even if the EA or landlord finds out they can't now put the money in :confused:

mattheman · 7 Dec 2009 at 12:22

Thermaltake said:
Erm im not sure whether we have a receipt for the £800, the landlord should have one tho. Surely it wont matter if we go in to the estate agent and say this, theres nothing they can do.

the more proof you have the quicker things are, remember you cant tell the landlord or EA about this

mattheman · 7 Dec 2009 at 12:23

Kol said:
Why is that even relevant? The deposit hasn't been protected, you can't retrospectively put the money in, so even if the EA or landlord finds out they can't now put the money in

they can, thats all you need to know, it how the law is worded, there is a way around that but you need to know how to do it, its happen to a mate of mine. the best thing is not to say anything to any one, and that goes with other things in life.
When you take someone to court the quicker it is the harder it is for the person being taken to court to get off.

Trusty · 7 Dec 2009 at 12:23

mattheman - it doesnt matter, its all dated so theres nothing they can do. They didnt protect the deposit which by legal requirments they have to.

mattheman · 7 Dec 2009 at 12:36

Thermaltake said:
mattheman - it doesnt matter, its all dated so theres nothing they can do. They didnt protect the deposit which by legal requirments they have to.

ok go tell them then

se how fast they'll put the money into the scheme if they know about the clause.