Deposit not in scheme, what are a renters rights?

Dinah93

Hi,

my friend moved out of her rented house in June, and a month later her ex-landlord called up and said they owed £600 for a replacement table as there was a watermark on the one provided with the house. My friend called the letting agent and asked what right the landlord has to just say she is keeping their deposit to buy a new table without providing proof of buying a new table (and she doesn't think it is reasonable anyway to charge £600 for a replacement table, this was only an ikea quality not an antique!). The letting agent said they should have had their bond back by now, and after speaking to the landlord said the deposit was not put in the government scheme so the landlord has no right to hang on to it.

Obviously now it is about 2 months later, and they still have not got their deposit back. The landlord has said the deposit is held in a 90 day notice account, and she is waiting for the bank, but shes used this kind of excuse in several forms now so my friends are a bit edgy they will ever get their deposit.

How can my friends get their deposit back as it was £625 and they're a lovely couple of newly weds who don't even have sofas or a kitchen table of their own, and the money would really come in handy. I know the government scheme was supposed to protect their deposit, they moved into the property last summer and were there for about 8 months in total I think.

What happens when a deposit was not registered with the scheme?

PasturesNew

When did they move in? We might have some really really good news for them.... ah, reading it again it looks like not long ago.

If the landlord has not put the money into a deposit scheme, if the landlord has not let them know which scheme within 14 days then ..... the landlord has to pay them 3x the deposit and it's "up yours" from them to the landlord.

littleminx_2

Hi
I have just spoken to my landlord about this as i was not aware of it until i read through the forums.I moved in on 4th June this year and have not recieved any information about where my deposit is being held,LL says he will get a Tenancy Certificate sent to me soon.Should i have had this when i moved in then?

G_M

See here for details of the deposit protection schemes. The LL has broken the law by not registering your deposit. Tell the LL you want your full deposit back in 5 working days or you will go to court (info on the site above). No excuses.

Dinah93

Thanks G_M I'll pass that on to them, should be really useful.

BlameTheGame

If you push the landlord for 3x deposit and the landlord turns around and then protects it, chances are you will not get 3x. The court will ask the landlord to put the deposit in a scheme and if the landlord does then end of that dispute.

clutton_2

""The court will ask the landlord to put the deposit in a scheme and if the landlord does then end of that dispute."!2

this is only possible during the actual tenancy - this couple have already left.

They will need to write a Letter Before Action to the LL - (read Eagerlearners thread on here - it will take 2-3 hours but its worth every minute - as it shows you how to take your landlord to court) and if the LL does not respond, the tenant will need to take the LL to small claims court

Dinah93

Could you point me in the direction of EL's thread? I sent them G_Ms link yesterday, and I think they have now made the landlord aware that they intend to take her to court over the deposit.