Landlord kept some of deposit back!!!

Neff_2

Hi, could anyone let me know the law on rent deposit scheme
and what I can do to get with held rent back?

Moved into house 6 months ago, no inventory done.
I guess deposit was not put into scheme as had no paperwork for it.
Anyway they said I had ruined some flooring in propery which tbh
I may or may not have, it was where heavy furniture was on it, and it split it!! and have kept over £100 to cover it.

Where do I stand? what can I do ? My rights?
Thanks in advanced

[Deleted User]

If you had no inventory,and there was some damage then i personally would right off the £100 to experience.

princeofpounds

Easy. Check all 3 schemes to make sure it is not protected. Then sue LL for 3x deposit penalty and deposit. I'll write the details tomorrow if no-one else beats me to it (writing on phone now so too slow!)

RAS

No inventory, no withheld deposit.

No secured deposit , sue for three times for failure to protect.

Sounds like a greedy amateur.

DawnW

RAS wrote: »

No inventory, no withheld deposit.

No secured deposit , sue for three times for failure to protect.

Sounds like a greedy amateur.

Possibly, but the OP does admit that she/he may indeed have caused the damage to the floor...

No reference or offence to the OP, but greed is not specific to landlords, and there are certainly some 'professional' tenants about as well as 'amateur' landlords!

birduk

Continuing this one, we are moving out soon and have no deposit protection paperwork. Ours started in December 2007. I believe the scheme commenced April 2007. Can you please post details of how to get our 3 x deposit? At the moment we are convinced we are going to get nothing back as the flat is being sold at auction.

m_13

Take a look at the DirectGov page on Tenancy Deposits: http://www.direct.gov.uk/en/TenancyDeposit/DG_066373

You need to check with each of the schemes if they hold a deposit for you and your property.

If not there is advice on the page on how to claim your three times deposit via the County Court.

Did you let via an agent? Have you asked them or your landlord how the deposit was protected? All deposits after 6th April 2007 had/have to be protected within 14 days of their receipt.

theartfullodger

See government stuff on scheme at..

http://www.direct.gov.uk/en/TenancyDeposit/DG_066383

and take advice from CaB or Shelter on this one but the key point is that...


Non-compliance
There are serious consequences for landlords who do not use a tenancy deposit scheme:

• The landlord will not be able to use the ‘no fault’ ground for terminating the tenancy on two months’ notice; and
• If the tenant takes court proceedings, as well as being required to safeguard the deposit under one scheme or other, the landlord must pay the tenant three times the amount of the deposit.

It sounds like the Landlord (I'm one myself) hasn't done what he should. He's giving Landlords a bad name - the **** 'ead...!!

PS Must ask my AGENT for evidence of use of the TDS

Cheers!

Artful

churchrat

DawnW wrote: »

Possibly, but the OP does admit that she/he may indeed have caused the damage to the floor...

No reference or offence to the OP, but greed is not specific to landlords, and there are certainly some 'professional' tenants about as well as 'amateur' landlords!

it doesn't really matter about the damage--the deposit should have been protected and was not. That is a seperate issue and the two should not be confused.

OP--sue for the 3x's deposit in the county court.

simple2rent

The landlord is at fault if they have not complied with the regulation on deposit protection. They are also in a weaker position for not preparing an inventory.

My advice would be to determine what you think is reasonable allowing for any damages you may have caused and then put the offer to the landlord.

If the landlord refuses the offer inform them that you would like to use arbitration - as would be afforded in the deposit protection scheme.

If the landlord is not reasonable, then you will have to play tough. You should then consider using the regulation against them for failing to comply with the deposit protection scheme. Your local CAB should be able to help with this.

clutton_2

birduk - if the house is being sold at auction, maybe a repossession, in which case, its pointless suing the LL as he wont have any money ......