3 months and landlord hasn't returned deposit

Che75

Wondering if anyone can advise on this.

We moved out of a rented house 3 months ago and the landlord has repeatedly promissed to return our deposit but nothing has materialised. It wasn't lodged in a deposit protection scheme. We paid it to a letting agent but because they were working on a 'let only' basis they gave it to the landlord rather than holding it so they're not accepting any responsibility.

There hasn't been any suggestion that we should lose any of the funds for damages or anything like that. The house was left in good condition and the agent who inspected it didn't raise any concerns.

I have read that we can't go to small claims court because the deposit wasn't lodged in a scheme. Is this the case?

Any letting agents, landlords or legal eagles out there that can give me an idea of my options? Thanks for reading x

Fire_Fox

What do you have in writing so far?

clutton_2

""I have read that we can't go to small claims court because the deposit wasn't lodged in a scheme. Is this the case?"" no its not

do you have a receipt for the money ? (it could be a clause in your tenancy agreement)

when did you move in ?

tbs624

If the property is in E/Wales and you paid your deposit after April 6 2007 then it should have been lodged in one of the three schemes. first off, check for yourself whether this was in fact done see here and get confirmation in writing/via email.

Do you have the LLs home address?

If you do, you write to him recorded delivery: in the letter mention the address of the property and the dates of your tenancy plus the amount of your deposit and the date on which it was paid. Confirm that you left the property in the same condition as let , save for fair wear and tear, and request the return of your deposit in full . List out all attempts made so far to get the deposit returned - dates, whom you spoke to, & what was said.

If the deposit hasn't been scheme- registered but should have been, you also tell him that you intend to make a claim via the county court for his non compliance with the tenancy deposit regulations under the Housing Act 2004 , S213-215. You should tell him that you will asked to court to order the 3x deposit amount penalty payable to you, plus interest on your actual deposit and your court costs. Give him a firm date, 7 days hence, by which to respond and then start the proceedings. Keep a copy of your letter.