Tenancy

stephy110288

Hi,
Not sure if this is the right place to post, if not please could you re-direct me as I would really appreciate some advice on this.

Myself, my partner, and our friend rented an apartment last year for a term of 9 months. We found the property through an estate agent. We paid a £600 deposit.
I used to work as a letting agent, so when we moved in we repeatdly asked the estate agent to produce an inventory of the property with a list of all furniture and crockery etc, and to note any damage already there. This is so that we could sign it, the landlord could sign it, so that when we moved out we wouldnt be blamed for anythin that isn't our fault. They would never do this depsite asking over and over.
We moved out just over a month ago and the landlord came to do an inspection. He was thrilled with how well we have kept the place and how clean it was. He said that there was no reason why we shouldn't get £500 back and we were happy with this. He said he would contact us with it in 3-5 working days. Then he disappeared off the face of the planet for 3 weeks. Wouldn't answer his phone at all and we were leaving his messages each day. We also told the estate agent who we found the property with and they didn't do anything.
Eventually about a week ago he emailed my partner, obvoiusly too cowardly to pick up the phone. He said that on further inspection he had noticed more problems. He then listed 5 things that were nothing to do with us, and they were the problems that were already there that we wanted noting in the first place. He said that he would contact us soon with what he will be giving us back
I drafted an email back to him back in my letting agent mode! I basically said that we had asked for an inventory but nothing had been done and we feel that all the things picked up on would be covered by the £100 he was taking off it anyway. I also wrote at the bottom that if he did not agree then we will take it up with Deposit Protection Service. HOWEVER.... I have the sinking feeling that he hasnt even put the depsoit in a scheme? as we have never been given the reference numbers or anything. And as far as i'm aware its against the law not to protect a deposit?
Anyway we replied to his email a week ago and have again rang him every day and left message but still nothing. We moved out over a month ago and this is silly and really annoying us as we want our money back. any advice would be much appreciated

can anyone tell me for sure-

- is it illegal to not have a deposit protected? i'm pretty sure it is but want to be definate before we go quoting the law to him
- what would be next steps now, small claims court? how much does this cost?

thanks so much

Googlewhacker

yes it is illegal not to protect a deposit and you could take him to court for 3 x the deposit (but I think if they deposit it before it gets to the court date then you won't win)

I think you would have to send a letter of intent to take him to court and see what happens, as he has not done an inventory this leaves you in a very strong position because he cannot prove that any damage was done whilst you were the tenants.

Also this is the wrong board and maybe better posting in the housing board

stephy110288

Thank you. I have just rang all the schemes and it is not protected. I am now drafting a letter to him saying that I will be taking him to court.

Judith_W

** Also, as far as I'm aware if you don't have an initial inventory they cannot take anything from your deposit as they have no proof you have damaged anything!

Go back and refuse to accept the £100 deduction

pinkshoes

If he hasn't protected the deposit, you can sue for 3x the deposit. Send letter recorded delivery.

Also, if there was no signed inventory, he can't deduct a penny from your deposit.

Rather than pushing your luck of getting 3x the deposit through the court, I would use this as a threat to have your full £600 returned within 7 days.