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My deposit has not been protected

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Comments

  • catwood1
    catwood1 Posts: 12 Forumite
    Ninth Anniversary Combo Breaker
    I have now posted a letter to my landlord asking for my full deposit to be returned within 10 days or I will take court action. I will post a reply once I have had a response. Thank you everyone for the help
  • dcems
    dcems Posts: 187 Forumite
    Good luck !
  • prudryden
    prudryden Posts: 2,075 Forumite
    catwood1 wrote: »
    I have now posted a letter to my landlord asking for my full deposit to be returned within 10 days or I will take court action. I will post a reply once I have had a response. Thank you everyone for the help

    Send a letter to the agent as well just in case. Check your contract under Interpretation and Definitions section. If you have this section, it may state that the " Agent means the Agent for the time being of the Landlord." The next entry may read that "A consent required from the Landlord under this Agreement may be given by the Agent and any notice required to be given by or to the Landlord shall be sufficiently given or served if given by or to the Agent."

    I copied it from a contract of a large UK National and International Estate Agent. It's the one I use.
    FREEDOM IS NOT FREE
  • catwood1
    catwood1 Posts: 12 Forumite
    Ninth Anniversary Combo Breaker
    It has been a week now and still no word from the landlord or lettings agency. Please could someone tell me which form etc I need to fill if I wish to take the case to court? Thanks
  • may_fair
    may_fair Posts: 713 Forumite
    catwood1 wrote: »
    It has been a week now and still no word from the landlord or lettings agency. Please could someone tell me which form etc I need to fill if I wish to take the case to court? Thanks
    Well, you have to wait for the deadline you gave in the letter before action, but assuming no response by then you can either start the claim online at Money Claim Online or on Form N1 (which you can download from HM Courts website). Probably easier online as they issue and serve the claim for you.
  • catwood1
    catwood1 Posts: 12 Forumite
    Ninth Anniversary Combo Breaker
    Yes Im going to wait till the 10 working days are up but I'm not holding out much hope of getting any response from them. Once the 10 days are up I will claim online. Thanks for your help
  • catwood1
    catwood1 Posts: 12 Forumite
    Ninth Anniversary Combo Breaker
    Hi, I had an email from my old lettings agency saying that they have now protected my deposit with the deposit protection service, I didnt think they could do this after the tenancy had ended but the deposit protection service say they can. Where do I stand now? Shall I raise dispute with them now? Thanks
  • BitterAndTwisted
    BitterAndTwisted Posts: 22,492 Forumite
    10,000 Posts Combo Breaker
    Get onto the deposit scheme's website and claim the whole of your deposit back. Should the landlord attempt to claim any of your money dispute every deduction. Once you've done that the landlord will have to justify any proposed deductions to the scheme's arbitrators.
  • catwood1
    catwood1 Posts: 12 Forumite
    Ninth Anniversary Combo Breaker
    Ok thanks, I will do that. The whole deposit protection law is a joke! What is the point in saying landlords must protect the deposit within 14 days when the deposit schemes allow them to do it over 2 years after the tenancy started and 3 months after it ended! another pointless law.
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