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Can't get tenancy deposit back

124

Comments

  • BornAtTheRightTime
    BornAtTheRightTime Posts: 407 Forumite
    edited 21 February 2011 at 1:02PM
    Pointing out the possible consequences of non-protection to a landlord could come in handy as a useful stick to beat them with later, should you have need of it.

    Agree, [STRIKE]but[/STRIKE] it could also scare the landlord into thinking the OP is trouble and is threating to sue, resulting in section 21 notice to leave at the end of the fixed term.
    If the OP can get landlord to protect the deposit without threats so much the better.

    And if the landlord remains ignorant of the possible consequences and chooses to ignore the OP's rightful request and leaves themselves open to being sued for 3 x the deposit - well that puts the OP in a stronger position.

    Edit: pretty sure we're saying the same thing but it took re-reading your comment a few times to convince myself!
    3.9kWp solar PV installed 21 Sept 2011, due S and 42° roof.
    17,011kWh generated as at 30 September 2016 - system has now paid for itself. :beer:
  • Agree, [STRIKE]but[/STRIKE] it could also scare the landlord into thinking the OP is trouble and is threating to sue, resulting in section 21 notice to leave at the end of the fixed term.
    If the OP can get landlord to protect the deposit without threats so much the better.

    And if the landlord remains ignorant of the possible consequences and chooses to ignore the OP's rightful request and leaves themselves open to being sued for 3 x the deposit - well that puts the OP in a stronger position.

    Edit: pretty sure we're saying the same thing but it took re-reading your comment a few times to convince myself!

    To be quite honest, with the way things are looking, our landlord has been particularly unhelpful and unprofessional and if he refuses to protect the deposit then also very dodgy, so I don't think we'd mind too much moving out after 6 months. I don't want to live with my family in a property where the landlord won't fix or take responsibility for anything (see my other thread) and can't abide by legal requirements.
  • In your case NLondon I would WRITE to the landlord, asking them they can arrange for said dodgy lav to be fixed and at the same time request the info about where the deposit will be lodged.

    If you don't care about needing to leave or being asked to leave at the end of your six months fixed-term, bearing in mind that any Section 21 Notice the landlord issues would be invalid until the deposit is lodged, you could consider not paying the last moth's rent to ensure you're not out of pocket when you do chose to go.
  • rnr79
    rnr79 Posts: 14 Forumite
    BitterAndTwisted an all other experts please help advice me....first of all thank for all your comments earlier..due too much work pressure and travelling for work i couldnt submit the claim. But today i took a day off from work so that i can complete this...I went to get some advice from council housing advice department and the advisor there told me that if i make a claim i have no chance of getting may money as landlord can protect the deposit thoguh tenancy has ended, I called all three deposit protection schemes and they said that yes they will accept any depoist from the landlord irrespective the tenany has ended or running. I just cant believe in the countlry like this, the laws are set like this.
    Also the council housing advisor said that the landlord can protect the deposit, and make a claim against me for two months rent and i was aksed to leave the property two months early and as it was done with mutual agreement, i dont have writeen proof, he said that there are more chances that court will go in favour of landlord though he asked me to leave as no one has written proof.
    I am totally gutted...Law helps Landlord to get away with what ever wrong they do but one mistake from tenant like me not having a written proof i dont have any support but just loose all the money thought i have been honest..and helpful..

    So there is no chance for me but forget the money
  • I would go to his house and get him to fill a form you made confirming the date you moved out saying the estate agent needs it for the new house you are moving into.

    He shouldn't suspect anything. At least that way you have proof the date you moved out and why.

    Just because the landlord can put it in the protection scheme doesn't mean you won't get your money back.

    It just means you won't get 3x much. It's still worth fighting for the money.
  • rnr79
    rnr79 Posts: 14 Forumite
    I would go to his house and get him to fill a form you made confirming the date you moved out saying the estate agent needs it for the new house you are moving into.

    He shouldn't suspect anything. At least that way you have proof the date you moved out and why.

    Just because the landlord can put it in the protection scheme doesn't mean you won't get your money back.

    It just means you won't get 3x much. It's still worth fighting for the money.

    Thanks Mattdragon2...the issue here is that the landlord is denying to give the deposit back and he wont sign any forms now as i have moved out two months ago....
  • dancingfairy
    dancingfairy Posts: 9,069 Forumite
    But at least if he protects the deposit then if he tries to argue and dream up deductions the resolution service will decide - that's their job so you will get it back :) I presume you don't have an inventory when you moved in or out? this should go in your favour.
    The only issue is why you have left it so long - I am unsure whether you can now pursue this as it is 2 months later.
    The question will also be asked why he is claiming for rent 2 months later as well. What exactly do you have in writing from the landlord?
    Which is greater your deposit or 2 months rent? technically he owes you your deposit and worst case scenario is you owe the 2 months rent - problem if he decides to sue you for the 2 months rent.
    Have you written to him at all yet? if you haven't written to him within this timeframe you might have stitched yourself up.If you have then you can at least show in court that you wrote to him requesting your deposit back but haven't heard anything.
    df
    Making my money go further with MSE :j
    How much can I save in 2012 challenge
    75/1200 :eek:
  • dancingfairy
    dancingfairy Posts: 9,069 Forumite
    Did you inform the council when you moved out? proof of this may help? can any of the neighbours confirm you moved out and he moved in? etc?
    df
    Making my money go further with MSE :j
    How much can I save in 2012 challenge
    75/1200 :eek:
  • rnr79
    rnr79 Posts: 14 Forumite
    Did you inform the council when you moved out? proof of this may help? can any of the neighbours confirm you moved out and he moved in? etc?
    df

    Yes I informed the council when i was leaving but that was over the phone...

    Hi dancingfairy...Intially he never said directly that he wont retrun my deposit he always said that agency has gone out business but he will try to find out where is my deposit and try to give me back. I had suspiscions but i didnt want to take him to the court or create any complications if i can get my deposit back in friendly manner when he didnt say that he wont give me depost back...but now he just wont asnwer my calls or reply to texts etc...thats why i wanted to take the legal procudure...

    Thats the main issue that i dont have anything in return from landlord regarding leaving the property.

    But there is one thing i have in my favour but i dont know how useful that would be...While moving out of that porperty homelet wated a reference from the old landlord for new agreement... And I got a printed copy from my estate agent which was sent by homelet saying that they received the satisfactory reference from old landlord as below:

    How long has the applicant been a tenant in their current property : 10 Months

    Whats is their current monthly rental figure : XXXX amount i used pay as rent there

    Has the rent always been paid promptly : Yes

    Has the tenancy been conducted in a satisfactory manner : Yes

    Do you considre the applicant to be a good tenant : Yes


    Will this prove that Landlord clearly knew when i was leving the property and he was happy about me leaving (as he wanted me to leave asap anyhow) and he can not claim that i left the property without giving proper notice..

    I am just trying to be so cautoius and see what'w the worst can heepen if he makes any counter claim for my claim. I dont want to pay any money when i am loosing money already. but at the same time i cant digest the thing that i have to loose this hard earned money when i havent done anything wrong.

    thanks for your advice again
  • rnr79
    rnr79 Posts: 14 Forumite
    any more views please?
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