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Looks like my deposit wasn't protected
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markmcalear
Posts: 54 Forumite
I have just moved out of a house after 3 years. I was told by letting agent that my deposit was protected. However now they are unable to provide me with any details of which scheme they have used and say I need to wait 4 weeks to get it back.
A quick google search suggested I should get it within 10 days and that there are only 3 schemes in which my deposit should be held. I have checked with all 3 this morning and they all say my deposit is not protected.
Where do I stand here and what should I do next?
A quick google search suggested I should get it within 10 days and that there are only 3 schemes in which my deposit should be held. I have checked with all 3 this morning and they all say my deposit is not protected.
Where do I stand here and what should I do next?
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Comments
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If your landlord does not return your deposit you will have to start proceedings in the small claims court. Give them a week to come up with any proposed deductions and then send the LL a "Letter Before Action". The courts have been known to award the tenant three times the deposit amount for non-protection. A recent court ruling has put this in doubt but it might be worth pointing this out in your LBA as landlords and agents who don't know or care about deposit-protection probably don't know about recent rulings either.0
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Ok thanks. Can they still make deductions even if they haven't protected the deposit? I know the house was spotless and that everything is in good order. I made sure to take plenty of photographs too.
Would I take the landlord or the letting agent to court?0 -
Did you have a written signed inventory at the start of the rental period?If you've have not made a mistake, you've made nothing0
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Yes, they can propose to make deductions even if your deposit was not protected. What is material is whether they have any documentary evidence that the property was left in a different condition to how it was at the beginning of your tenancy. Under normal circumstances there would have been a dual-signed check-in inventory to compare with the check-out one. Was there one?
In any case, if you need to claim your deposit back it will be the landlord who is responsible for returning it. The agent is just that: an intermediary appointed by the landlord to act on their behalf. In this case, it would appear that they were very poor choice indeed.0 -
I don't believe there was an inventory. I only have a tenancy. I tried calling them yesterday but all I got was a message saying they were closed.0
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