Deposit Protection Scheme

physichull · 9 Dec 2011 at 18:25

Deposit Protection Scheme Woes

I have recently (over 3 weeks ago) moved out of a rented flat, having very amicably agreed that I left the flat in immaculate condition, we shook hands and he confirmed that he will send me back my deposit as "apparently" it was agreed with the mydeposits.co.uk scheme (whereby the landlord keeps my deposit in his account until we move out and he returns the deposit, additionally, he obtains a certificate from the scheme saying that he has done so).

All seemed well and good, except, I have still not recieved my deposit in the post. I called him on Tuesday asking when I could expect the cheque and he said he put it Monday nights post. Ok, I thought.

Since then, my cheque has still not arrived. Addititionally, I have been reading up on the mydeposits.co.uk scheme. When I moved in, the landlord SHOULD have received my deposit and applied to mydeposits.co.uk within 14 days, he should then have received a certificate from them, which we both sign, it is sent back to mydeposits and we both receive a copy. Due to my naivity, this did not happen, as stated it should have done on my rental contract drafted by the letting agency.

This week, I called up mydeposits and they have no record of having ever received a deposit protection application, either under my name as the tenant, at the property, or within the dates of occupancy. I have called round the other two schemes and all have stated that they have not recieved any application for deposit protection.

I have tried calling him but he doesn't answer his phone, last night he sent me a text message saying that I shouldn't question his integrity, that he has been with a scheme for over 6 years etc.

No war of words has occurred, no angry arguements, indeed I haven't even spoken to him over the phone because he never answers. Its now been well over 3 weeks, still no cheque, no proof that it was actually protected in the first place and a text message from the landlord asking me to stop calling him as the cheque is in the post. Bear in mind here, that I have called but never received an answer so I do not consider this "pestering" of any kind. On top of this, within 10 days of having agreed the amount to return, my deposit should have been returned, its been over 21 days now.

Where do I go from here? Help me Overclockers Kenobi, you're my only hope!

WillyNelson · 9 Dec 2011 at 19:07

Get him to fwd you the appropriate documentation, for your records, and the cheque for your deposit. No scheme = big fine.

physichull · 9 Dec 2011 at 19:10

WillyNelson said:
Get him to fwd you the appropriate documentation, for your records, and the cheque for your deposit. No scheme = big fine.

Looking into it though, if he had no scheme, I aren't entitled to compensation because I have now vacated the property, had I noticed earlier, I should have brought it to his attention, after which he had a choice. He would do the sensible thing and register it with a scheme or he goes to court with me and pays me 3x the deposit. Obviously I would imagine it would be VERY rare far any such cases.

It appears to be a waiting game, when I get the cheque, cash it and see the money in my account I may send him an email about the above facts. But alas, he has actually got off scot free. :rolleyes:

SeatIbiza · 9 Dec 2011 at 19:36

physichull said:
Looking into it though, if he had no scheme, I aren't entitled to compensation because I have now vacated the property, had I noticed earlier, I should have brought it to his attention, after which he had a choice. He would do the sensible thing and register it with a scheme or he goes to court with me and pays me 3x the deposit. Obviously I would imagine it would be VERY rare far any such cases.

It appears to be a waiting game, when I get the cheque, cash it and see the money in my account I may send him an email about the above facts. But alas, he has actually got off scot free.

I aren't entitled. Interesting.

Yes you are...and it's too late for him if he hasn't done it. I'm a landlord and personally I advise you to apply to the court...it helps punish poor landlords...

physichull · 9 Dec 2011 at 19:39

The Shelter websites states the following with regards to this:

"The court can also order the landlord or agent to pay you compensation equivalent up to three times the value of the deposit you paid. However, the law on this issue is unclear and the court can only order your landlord to pay if your deposit is still unprotected by the date of the court hearing, and you are still a tenant of the landlord."

http://england.shelter.org.uk/get_a...e/tenancy_deposits/deposit_protection_schemes

So it appears, as I no longer reside at the property, that I have missed the boat.

physichull · 17 Dec 2011 at 14:04

And so the saga continues, still no cheque, no communication whatsoever, despite me leaving numerous messages, numerous messages with his wife (she works in the shop he owns and so I can always get in touch with her).

What can I do. I am really getting desperate now

PhillyDee · 17 Dec 2011 at 14:12

Apply to the county court as advised.
http://www.direct.gov.uk/en/HomeAndCommunity/Privaterenting/Problemsanddisputes/DG_189243

From that:

https://www.depositprotection.com/help/browse

Also, Citizens advice should be your next port of call.

Glaucus · 17 Dec 2011 at 14:15

PhillyDee said:
Apply to the county court as advised.
http://www.direct.gov.uk/en/HomeAndCommunity/Privaterenting/Problemsanddisputes/DG_189243

From that:

https://www.depositprotection.com/help/browse

Also, Citizens advice should be your next port of call.

Sweet bookmarked for fixture use.

Deleted member 77746 · 17 Dec 2011 at 14:15

physichull said:
And so the saga continues, still no cheque, no communication whatsoever, despite me leaving numerous messages, numerous messages with his wife (she works in the shop he owns and so I can always get in touch with her).

What can I do. I am really getting desperate now

Write a letter explaining that this is their first letter and you are preparing to go to small claims court. A letter should spur them on a little bit.

This is one of the reasons I hate renting and that's if you get a bugger of a land lord.

physichull · 17 Dec 2011 at 14:24

mrbell1984 said:
This is one of the reasons I hate renting and that's if you get a bugger of a land lord.

Tell me about it. Can't wait till I get my own place and no longer have to quibble for deposits from landlords that care for nothing but the thickness of their own wallets. Because they damn sure don't care about tennants.

Deleted member 77746 · 17 Dec 2011 at 14:27

physichull said:
Tell me about it. Can't wait till I get my own place and no longer have to quibble for deposits from landlords that care for nothing but the thickness of their own wallets. Because they damn sure don't care about tennants.

You can say this about a lot of fields though not just renting. It's money money money.

Good luck.

PS there might be some templates sitting on the net somewhere to be able to request your deposit back via letter.

mattyfez · 17 Dec 2011 at 15:28

Yeh try the. Consumer action group forum, landlord and tennant section, plenty if step bt step advice for a clear cut case like this.... essentially send a letter giving 30 days to return the money, recorded delivery, and then file a claim online, its pretty straight forward in a case like this.

neil_g · 17 Dec 2011 at 15:45

As its taking so long my guess would be the deposit was never in a protection scheme. Call their bluff and remind them if you get the court involved of the penalty for not doing so..

physichull said:
Tell me about it. Can't wait till I get my own place and no longer have to quibble for deposits from landlords that care for nothing but the thickness of their own wallets. Because they damn sure don't care about tennants.

Don't tar us all with the same brush thanks :rolleyes:

Only time I haven't returned a deposit with the return of keys is when I kept it to fix the damages.. So some tenants are just as bad..

physichull · 22 Dec 2011 at 14:37

So, I asked if I could pick up a cheque if he left at the shop he owns over the next couple of days, in that it was unreasonable that I had not had the money returned thus far and that I had left his flat in perfect condition (I think his words were, "guys, I have to thank you, you have left it in immaculate condition", when we handed over the keys on a final inspection).

He replied by text with this:

"My dear XXX,
The flat was in good condition, not perfect as we had to spend several hours cleaning the kitchen and bathroom as well as repainting and repairing both areas.

Also, I should have asked you to repaint the flat which is my mistake.

Besides the above, I can legislate for your payment to have gone missing in the post.

It is a pity that you have resorted to being petty.

Confirm by text when you have the payment,

Regards
Tool of a landlord."

This is really unfathomable, we left his house in perfect condition, nicely clean yet, cooker neat and clean, so I just cannot believe the words that are coming out of this guys mouth.

Have called Shelter to get some advice now, I am going to await the payment till the beginning of January, if no payment is received by then, then I am going to write him a letter, taken from a template from Shelters website, asking why payment has been withheld, and asking to itemise all the things that were wrong.

This is really getting me down, I feel sick thinking about it and its very stressful. Feel in way over my head now.

Deleted member 77746 · 22 Dec 2011 at 14:41

This happens to a lot of people not just yourself. It's a major problem.

Engram · 22 Dec 2011 at 14:45

physichull said:
This is really getting me down, I feel sick thinking about it and its very stressful. Feel in way over my head now.

Take a deep breath and try and get some perspective. You are owed some money. The law is on your side. If you take the correct steps you will almost certainly get your money back.

The fact that you have the time and resources to tell us about this on the internet means that you're already living a very good life - this is just a slight hiccup.

Pestilence · 22 Dec 2011 at 14:47

It's not up to you to repaint the flat. Depending on how long you lived there, a degree of fair wear and tear is perfectly suitable, and the landlord cannot attempt to charge you for that.

They may only charge for any damage, redecoration, or repairs that were caused by your negligence or malicious activity. If he wants to repaint so the place looks pristine for new tenants after you've been living there for a year or two then that's his prerogitive -- it's not on you to pay for it unless the walls were covered in dirt, grime and what-have-you.

Getting antsy after waiting nearly a month for money which you are rightfully owed, and which for all purposes appears to have NOT been correctly registered in a deposit scheme, is NOT petty. If I were you, I'd be drafting an official letter of my intentions to initiate legal proceedings via the small claims court (or whatever it's called now) and handing it in person to his wife or him at the shop.

Don't start feeling out of your depth -- you're in the right, and the landlord (as, unfortunately, with many) is trying to play you for a fool. They quickly change their tune when faced with the facts, and their obligations as landlords, on paper.

physichull · 22 Dec 2011 at 14:48

Engram said:
The fact that you have the time and resources to tell us about this on the internet means that you're already living a very good life - this is just a slight hiccup.

If I had been late with my rent I am sure there would have been a similar story.

I type this in a miniature rage fit, due to the wording of that text. It just provided further proof if needed that my ex-landlord was completely dishonnest. We were there for two years, so you expect a bit of wear and tear, but seriously, repainting the flat!?!?! What a joke!

MickeyFinns · 22 Dec 2011 at 14:50

Could be worse, recently found out my landlord is Nicholas van Hoogstraten.

physichull · 22 Dec 2011 at 14:52

Pestilence said:
Don't start feeling out of your depth -- you're in the right, and the landlord (as, unfortunately, with many) is trying to play you for a fool. They quickly change their tune when faced with the facts, and their obligations as landlords, on paper.

I'm scared about this course of action, as effectively, it is merely his words against mine. Thats why I am a bit apprehensive as to this route. And it if is his word against mine and I lose, I will end up paying court fees! It's almost throwing good money after bad money.