Deposit not protected..

RedwoodBrook

Moving out of my rented property in just under 2 weeks. Spoke to the agent today about a different matter and it transpires our deposit has not been put into a protection scheme.

Apparently the agent "Can only apologise for this, but sometimes it happens because of all the paperwork". I know as well as he does that he's talking utter rubbish.

I don't expect they will try and deduct anything from our deposit as the house is in a much better state than when we moved in, but, if they do...what comeback will I have?

Thanks in advance.

BitterAndTwisted

You'll need your proof that the property was in a better state at the end of your tenancy than it was at the start and provide it as evidence at the small claims court. Sometimes just the threat of this in a Letter Before Action will be enough to get them to return it

may_fair

BitterAndTwisted wrote: »

You'll need your proof that the property was in a better state at the end of your tenancy than it was at the start and provide it as evidence at the small claims court.

No, if a tenant claims for return of the deposit, all the tenant must prove is that he paid the deposit. If the LL wishes to retain some or all of the deposit he must counterclaim against T, and must prove he has suffered a loss (caused by T) - for alleged damage he will need evidence of before/after condition, usually in the form of check-in/out inventory reports.

G_M

So you had a conversation with the agent about the deposit. They acknowledged their error, and it was left that........?

I would write summarising the conversation and asking for your deposit to be registered without delay.

Unless of course they gave an unequivacable guarantee that your deposit would be returned in full - which I'd also want in writing.

Dealing with scheme arbitrators is easier than the courts - that's why schemes were made compulsory!