Problem with getting rental deposit back - please help!!

purple_teapot

Hi
Please could I get some advice on this issue. I moved out of a privately rented property where I had been for 12 months. I was a very good tenant and my landlord even offered to lower my rent to get me to stay, but the apartment was tiny and I found somewhere better value for money.

When I moved out I cleaned the house to perfection with the help of a small team. I asked my landlord to come round to collect the keys and check he was happy with the flat while I was there so if there were any problems I could rectify them straight away. He was pleased with the condition and said I could expect the deposit back within a week.

A week had been and gone and I still hadn’t had my money or any contact from him. He eventually got back to me and said he couldn’t release my deposit until the new tenants had moved in and provided written confirmation that everything was in working order.

I’m really not happy about this and raised several points with him:
1. That checking the condition of the property and making a judgement was his responsibility
2. That with this reasoning, I couldn’t expect to get my deposit back until he had found new tenants – and what if this was weeks or months from now
3. That me receiving my money was now dependent on the opinion of the new tenants – people I do not know and neither does he
4. That if there is any damage now to the property caused since I moved out – either by him or the new tenants this could now affect my money

I believe he is unwilling to part with my money just in case the new tenants are unhappy (which would be nothing to do with me) and he would have to pay for it out of his own pocket because my deposit was now back with me.

I discussed this very calmly and politely with him but made it clear I did not think this was good practice. I read somewhere that landlords can only hold on to a deposit for a stupid reason like that for a max of 10 days after I move out. I’ve given him a reasonable deadline to get my deposit back to me. He has ignored my contacts since I raised these issues with him.

Does anyone know how the law would support me with this? If he is acting within his remit then fair enough, but I cannot see how this would be. I hope this resolves itself positively but I am more than happy to pursue further if I have to. I am desperate for this money and took a lot of care to ensure I would get this back

Thank you

taxsaver

Is your deposit protected and lodged in a scheme, if so which one and have you looked at their website?

G51shopaholic

by the sounds of it I doubt that the deposit is protected in a scheme. Check with local council to see if your landlord is a registered landlord.

Sounds like your x-Landlord may have spend the money and needs deposit from new tenants to give you back yours.

Small claims court sounds like your only redress.

00ec25

do you not know that the deposit MUST be protected under law?

read THIS

then write (not phone or email) the LL (Not gthe LA) pointing this out and the fact the LL is legally required to do this. Once the LL has protected the deposit, then you dispute the deduction, raise a dsipute with whatever shceme he has used and let their arbitrators work it out

dcems

If your deposit isnt protected then neither are you. He has broken the law if this is the case, and you will have to sue him in the small claims court.

Check your old tenancy agreement-does it say deposit is protected and what scheme it is held in? if it does you should have received a letter with all the details.

purple_teapot

Thanks for replying

It is protected in the new legislation that was brought out in 2007 so that it can't be kept in a personal account etc. I don't know what deposit protection scheme he has used - if it was custodial or insurance based. It doesn't say on my contract and I havent been able to get any response off him from my last questions to him

Hope this helps if people might have some advice.... I have done some research and can't find an answer anywhere. If people have a general idea about whether this is bad practice or not that would also be appreciated

purple_teapot

Having just read other peoples responses I realise that I was only told/ assumed it was in a protected scheme. I never had any paperwork saying what scheme and didnt realise I should have done. It doesn't say on my contract.......it could well be but I'm starting to think its not. When I paid my deposit it was to him personally... does this still mean it could be in a protected scheme?

00ec25

purple_teapot wrote: »

When I paid my deposit it was to him personally... does this still mean it could be in a protected scheme?

you need to phone all 3 schemes (details on the link I gave you) and ask THEM if they have any record of your address. They will either say yes or no.

If yes, you lodge a dispute with that scheme's arbitrators to ensuire they will not refund the deposit to the LL if he claims some or all of it

if not, you WRITE a letter (not phone or email) to your LL (not LA) pointing out he has a legal duty to protect YOUR deposit and that if he fails to do so you WILL take him to County Court for return of the full amount of the deposit. Head the letter as " letter before action"

taxsaver

You might also find it effective to advise him that you will consider taking action, as is your right, for his failure to protect your deposit which can mean that he has to pay a penalty of three times your deposit. In reality this is a waste of time and there is case law that means it will not work in your case... but he 'probably' doesn't know that!!

purple_teapot

Thanks all. I've now checked all three schemes and my deposit isn't registered in any of them... either its a glitch or he has been a little bit naughty.

In reality this is a waste of time and there is case law that means it will not work in your case... but he 'probably' doesn't know that!!

taxsaver, why wouldn't case law work in this case? Just so I know

suited-aces

A judge recently ruled that the 3x penalty was not valid. Your LL is unlikely to know this though