We’d like to remind Forumites to please avoid political debate on the Forum.
This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.
PLEASE READ BEFORE POSTING: Hello Forumites! In order to help keep the Forum a useful, safe and friendly place for our users, discussions around non-MoneySaving matters are not permitted per the Forum rules. While we understand that mentioning house prices may sometimes be relevant to a user's specific MoneySaving situation, we ask that you please avoid veering into broad, general debates about the market, the economy and politics, as these can unfortunately lead to abusive or hateful behaviour. Threads that are found to have derailed into wider discussions may be removed. Users who repeatedly disregard this may have their Forum account banned. Please also avoid posting personally identifiable information, including links to your own online property listing which may reveal your address. Thank you for your understanding.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
Can't get tenancy deposit back
Comments
-
He makes you move out early, he tries to steal your deposit... sounds like a crook as well as an idiot. I'd start the action to get your 3x deposit - it would be well deserved imho.Anna :beer:0
-
But one issue here...on my tenancy agreement there is no name of the Landlord, all over it states estate agents name but i used to pay rent direct to Landlords bank account.
I think you need to do several things:
Prepare a letter headed "Letter Before Action" mentioning the address of the property, when the tenancy started and ended, the amount of the deposit and when and how it was paid. (I am assuming that you can prove you paid the deposit and/or have a receipt for it.) You give the landlord 7 to 10 days to return your deposit in full or you intend to seek its recovery through the Small Claims Court. Mention that according to law your deposit should have been lodged with one of the three deposit-protection schemes and it is your understanding that this had not been done. Remind your landlord that should you need to recover the deposit through the court that you also understand they have awarded three-times the deposit amount as a penalty for non-protection and that you fully intend to ask the court to award you this penalty should you need to go through the recovery process.
You address this letter to both the landlord at the property address and care of the agents. You make two copies of each.
Send each set of letters from two different post offices retaining proof of postage for all of them.
Then you wait.
If you don't receive any communication from your landlord after the ten days you start a claim. I think it costs something in the region of £50 to start the process and if you win the court should award you your costs as well.
If you need help drafting the letter ask and I will do it for you.0 -
Personally I would not mention about the deposit protection and the 3x rule, just state 'legal action' as the next course of action if the deposit is not returned.
Then go for the 3x deposit when you complete the court papers. Why not? He's trying to screw you, so do the same back. Oh, and don't worry about 'burning your bridges' as I doubt he'll ever give you a reference or anything.0 -
My own feeling is that should this tenant mention the three-times deposit as penalty it might prove to be a rather compelling reason to return it quick-sharp now without all of the bother and expense of filling in the forms for the Small Claims Court later.0
-
The agent is (or was) just.... an agent. Acting on behalf of the landlord.
The landlord is ultimately responsible for what the agent does (did) or doesn't do. Including handling the deposit according to the law.
Sue the LL in the small claims court and claim 3 times the deposit since it was not registered. Info here.
Don't forget to add the 8% statutory interest to the claim form.RENTING? Have you checked to see that your landlord has permission from their mortgage lender to rent the property? If not, you could be thrown out with very little notice.
Read the sticky on the House Buying, Renting & Selling board.0 -
BitterAndTwisted wrote: »My own feeling is that should this tenant mention the three-times deposit as penalty it might prove to be a rather compelling reason to return it quick-sharp now without all of the bother and expense of filling in the forms for the Small Claims Court later.
3 times the deposit and 8% interest (a better savings rate than any other savings account) is worth it.
If the opening poster doesn't want to take legal action themselves, if they had a contents insurance policy with the optional extra of Legal Cover (and no exclusions for actions against or defending against a landlord) they can use that to get a housing law solicitor to act for them. It's just a quick phone call to the insurers to ask for a Legal Claim form.RENTING? Have you checked to see that your landlord has permission from their mortgage lender to rent the property? If not, you could be thrown out with very little notice.
Read the sticky on the House Buying, Renting & Selling board.0 -
Guys I am an idiot..fool...i think all my education is wasted..I cant believe i did this big mistake...After all with all the things i said above there is one more thing that could go against me and will i have any chance after this at all?
I left the property early as per Landlords request but didnt get anything in writing from him that i ma leaving the property or didnt give him written notice i thought as he is requesting me to leave so wouldnt be that much of a problem.
I called Shelter for some advice and they said that you should in writing about the leaving notice if not then he can make a counterclaim against me...
so in short i am !!!!ed up now....will i stand any chance after all or i just forget the moeny?0 -
Send your "Letter Before Action" as advised. Put in a paragraph mentioning something like "as you are aware although I still had X amount of time before my AST expired on Y date, so I was not obliged to leave early at your request, I did so because of the difficult situation you said you found yourself in and in the spirit of goodwill. I now feel that my co-operation has not been reflected at all in your refusal to return my deposit without explanation". Something like that0
-
Thanks BitterAndTwisted..
Yes Please if you can give me full draft of the letter then it would be of great help to me...and will be much appreciated...He told me that his wife is pregnant and they cant live at the current flat they are living in and he needs to move in the place..does this need to be mentioned?
Thanks for you help again0 -
Thanks guys for your reply and i feel bit confident now if follow the legal process at least i could get my deposit back.
But one issue here...on my tenancy agreement there is no name of the Landlord, all over it states estate agents name but i used to pay rent direct to Landlords bank account. and thats what the landlord keeps saying that you cant ask anything to me that he doesnt have to do with the tenancy agreement and its between me and estate agent company.
In this situation also are there chances that i will my claim will be successful?
Or cash paid over the counter at the bank into his account?
If 1) get bank statements showing this and you have proof you've been paying rent to HIM
If 2) have you got receipts from the bank showing where the money went?0
This discussion has been closed.
Confirm your email address to Create Threads and Reply

Categories
- All Categories
- 352.1K Banking & Borrowing
- 253.6K Reduce Debt & Boost Income
- 454.2K Spending & Discounts
- 245.1K Work, Benefits & Business
- 600.8K Mortgages, Homes & Bills
- 177.5K Life & Family
- 258.9K Travel & Transport
- 1.5M Hobbies & Leisure
- 16.1K Discuss & Feedback
- 37.6K Read-Only Boards