Agency did not protect my deposit (tenancy now over)

shadow47

An agency I used to rent a flat from stole my deposit.

As far as I am aware they never submitted my deposit to one of the three protection schemes.

I moved out of the property around 6 months ago.

Can I claim my deposit back because it was never protected?

Did the agency/LL break the law?

How do I take this further? Do I have to pay money to take them to court?

If necessary I can dig out the receipt for the deposit I paid along with the tenancy agreement.

Werdnal

You have stated in a post in this thread:https://forums.moneysavingexpert.com/discussion/3829675

That you "up and left in a hurry", due to problems with repairs and letting agency. Did you give correct notice at the time you left the property, or did you leave at the end of the fixed term? If you just walked away, then you may in fact lose your deposit as you owed them rent until the end of the tenancy.

However, to respond to your questions:

Deposit protection is required for tenancies in Eng/Wales, but once the tenancy ends, there is no penalty for non-protection - you should have made a fuss about this while you were still there.

Was property in Eng/Wales? When did tenancy start - exact date? Was there a fixed term - if so, when did that end - exact date?

Did you give notice? OR Did you receive notice from the agent/LL? When did you move out - exact date?

Was there a written inventory at the start of the tenancy, and another check-out inventory at the end. To retain a deposit for damages, agent/LL has to have proof of difference in condition between start and end of tenancy, to prove your responsibility for said damage. LL can also claim for cleaning costs - leaving in a hurry, did you leave the property clean?

However, if there were rent arrears, or as previously mentioned, you left without giving the required notice, LL can claim deposit in lieu of rent.

More info on your tenancy and answers to above questions will help with replies.

G_M

Just to add to Werdnal's pertinant post above, yes, you can take it further assuming you believe you are owed the deposit (see Qs above!).

Why you've waited 6 months is beyond me, but that's your affair.

Initially you should approach the landlord, in writing, asking for your deposit. If you get no reply, or a negative one, write again asking on what basis the deposit is being witheld.

If you cannot resolve this by negotiation, then yes, you'll need to start a Small Claims Court Action. This will cost you (not much) but you can re-claim these costs assuming you win.

Edit: note that responsibility for your deposit lies with your landlord. There is in the pipeline legislation to make agents part-responsible, but you should be dealing with your landlord.

tbs624

G_M wrote: »

If you cannot resolve this by negotiation, then yes, you'll need to start a Small Claims Court Action. This will cost you (not much) but you can re-claim these costs assuming you win.

...note that if you are on a low income you may qualify for help with court fees. Check with the Court Officers or have a look online

shadow47

Sorry I took so long to reply...

Werdnal

No, I had a 6 month contract that had expired, I was paying rent on a month to month basis.

I told the LL/Agency that I was moving out and they told me I need to stay another month before my "tenancy agreement" expires. As a member of my family went guarantor, I paid up in full, every last penny.

It was located in England, tenancy stared late 2009 and the official tenancy agreement expired after 6 months.

I was told by the shady liars that the contract is still valid in a court of law but on a month to month basis, so I still had to fork over a few hundred quid while I wasn't even living there - (this may be true, I'm not sure).

The flat was visited by the agent, it was a MESS, she explained to me that I need to go back and clean the flat, I DID, she told me I need to fill in all the holes in the wall with pollyfilla, I DID.

I have a friend that took me down in his car with a hoover, cleaning material, he helped me clean the flat. etc who can back me up.

She then told me that she remembers the state of the flat, and described how I left the flat BEFORE I had cleaned it, I told her that I've cleaned it, but the lazy cow obviously couldn't be arsed going to check (no money involved you see).

The deposit was not a great deal of money, it was half a months rent, that's why I never bothered with it. As I'm trying to be sensible about it this time and choose a decent LL/Agency, I've been researching the necessary laws, and feel cheated, lied to, and angry about it.


Another gripe - they NEVER did any repairs to the flat, none! What so ever, my GF who used to stay with me, can also confirm this in court (or by writing if necessary).

I just feel annoyed because I was taken advantage of when I was young and naive, by these money grabbing lying sharks.

shadow47

Does it cost them any money if I take them to court?

If so how much? I feel if I started to make a fuss about it, they'd just pay me, I've got a lot of 'dirt' on them and if they want to play rough. OK!

steve1980

You sound like the worst tenant in the world.

Do you have photographic evidence of the flat before and after? If not then it's your word against the agents and they will have definately taken pictures to back themselves up to the landlord and even in court.

The new place you rent will want a reference from your previous landlord/agent so you would be better trying to do things calmly rather than going in like a raging bull.

RabbitMad

steve1980 wrote: »

You sound like the worst tenant in the world.

Not even close - he probably slightly below average in terms of good tenants/ bad tenants, but he paid all the rent, and left the place in a similar condition to when he started the tenancy minus a little cleaning.

I was told by the shady liars that the contract is still valid in a court of law but on a month to month basis, so I still had to fork over a few hundred quid while I wasn't even living there - (this may be true, I'm not sure).

The LA is correct and not lying about this.

I sometimes wonder - do tenants get the LL / LA's they deserve and vice versa?

RabbitMad

shadow47 wrote: »

Does it cost them any money if I take them to court?

If so how much? I feel if I started to make a fuss about it, they'd just pay me, I've got a lot of 'dirt' on them and if they want to play rough. OK!

Yes - probably about £75 to issue a claim.

You have no "dirt on them" - they might pay up if you make a fuss, they might not, but you would need to take the LL to court, would need to follow the pre-action protocols (writing to them setting out why they owe you the money and asking them to pay in a reasonable time frame otherwise you will instigate proceedings) and act reasonably.

How much are we talking? I'd save your energy and use this as a learning experience as you are not coming across very reasonably in this thread.

dancingfairy

O.K to clear up a few points. With regards to the rolling tenancy, yes the tenancy will continue after the initial set period on a month by month basis. As far as I know you still have to give at least one months notice and they have to give 2. Note the notice has to conincide with the end of a rent period.
The deposit should remain protected as the tenancy is continuing on a rolling basis.
An inventory should be conducted at the begining and end of the tenancy in order to avoid disputes.
If the deposit was not registered then you will need to go to court to reclaim it. Do you have any evidence to support your case? I believe it's up to them to prove any deductions rather than for you to prove there weren't any but obviously if you have nay proof of the state of the flat, especially when you left then these may prove handy. Do you have dated evidence?
Have you written to the landlord in question to request the return of your deposit before you commence court proceedings?
Best of Luck
df

tbs624

RabbitMad wrote: »

How much are we talking? I'd save your energy and use this as a learning experience as you are not coming across very reasonably in this thread.

...nor in this one https://forums.moneysavingexpert.com/discussion/3833935