renting issue

AHarvey

AHarvey

AHarvey

Soldato
Joined
6 Mar 2008
Posts
10,085
Location
Stoke area
Hi,

A work mate has moved out of her rented accommodation and someone else has moved in.

The landlord is saying he won't return her deposit until the new girl has paid hers/rent.

Pretty certain this is illegal? Any advice so we can phone up at give him what for?
 
Last edited:
deposit should be held by dps scheme and returned within 28 days, if hes saying he has held the deposit then yes, its illegal
 
3 x deposit fine for not returning deposit when due, he should have the deposit in a dps scheme or a bond issued if he kept it himself, unless they have been renting longer than the scheme came in.
 
maccapacca said:
3 x deposit fine for not returning deposit when due, he should have the deposit in a dps scheme or a bond issued if he kept it himself, unless they have been renting longer than the scheme came in.
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This tbh.

My previous landlord hadn't used the DPS when they are supposed to. When i quoted the legislation about the DPS i had my money in the bank the next day.
 
thanks all, I've passed this over to the girl so she can phone him up about it.

Seems he took a months rent as well after she has left so owes her rent + deposit.
 
maccapacca said:
3 x deposit fine for not returning deposit when due, he should have the deposit in a dps scheme or a bond issued if he kept it himself, unless they have been renting longer than the scheme came in.
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it doesnt matter, at the first time after the scheme was introduced the lease was up for renewal, then it should have been placed into the scheme then
 
Another point worth mentioning is make sure a new lease is signed with the new tenants name on it AND that the other lease is then destroyed. I had an issue with a previous landlord chasing me for rent because the new tenant didnt pay and he produced the old lease.
 
Its worth noting that the DPS are just as slippery and incompetent as some landlords. They are a total waste of space, lying and generally not knowing their rear end from their elbow.
 
AcidHell2 said:
Is there a set way of doing this, or is it just small claims court?
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From another forum:

I think this is what should be put on the claim form

The applicant makes a claim under the Housing Act 2004 section 214(1a) that the deposit of £XXX as required in the Assured Shorthold Tenancy for XXXAddressXXX has not been paid in to an appropriate tenancy deposit scheme. The applicant asks that the court makes an order in accordance with the Housing Act 2004 section 214 (4) – “The court must also order the landlord to pay to the applicant a sum of money equal to three times the amount of the deposit within the period of 14 days beginning with the date of the making of the order.”

The applicant also claims the £150 county court submission fee.
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AHarvey said:
so its literally a case of going straight to small claims court, or would you check with DPS first?
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Well the DPS should hold your rent money - if they don't, then your landlord has broken the law and can be persued in a small claims court.

I.e., you'll know if you have to involve the DPS.
 
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