Deposit?

bouicca21

I think you should still demand that it is put into a scheme and threaten legal action if it is not. There are penalties attached to a failure to protect a deposit, and you might just be ok.

kizzie_nikita

i agree Bouicca, but do you thinkt he landlord might get abit narcy with me if i do this?

Also, i was wondering (again) would i ahve to go go the Landlord, or the letting agent about this? It's the letting agent who moved us in and we gave the deposit to?

Werdnal

kizzie_nikita wrote: »

i agree Bouicca, but do you thinkt he landlord might get abit narcy with me if i do this?

Also, i was wondering (again) would i ahve to go go the Landlord, or the letting agent about this? It's the letting agent who moved us in and we gave the deposit to?

The return of the deposit is always the responsibility of the LL. Even in cases where the Agent has gone bust, failed to protect the deposit and long gone - the tenant chases/sues the LL for the deposit amount.

In this case, LL may have been given the deposit to protect, or LA may have been "supposed" to protect it and failed. Either way, I would contact the LL, copy the agent, stating you have enquired of the 3 schemes regarding your deposit, and none have a record of its protection. As this is a legal requirement of your tenancy, you would appreciate it being protected NOW, and request confirmation that this has been done. LL may be ignorant of the fact that protection has not been complied with. LA may be just incompetant (sadly very often the case). Either way, put your request in writing. If there are then any disputes over the deposit return, and you need to go to court to get it back, you have a paper trail to prove the protection regs were broken.

You should also point out to the LL that the suggested penalty for failure to protect (or ensure protection in the case of LL with a letting agent agreement), is 3x the deposit amount. In reality this has rarely been upheld, but LL may know know this!

kizzie_nikita

I emailed him last night, as it's hell to get through to him on his phone, no reply yet though..

bouicca21

If you are moving out anyway it scarcely matters if a demand to protect the deposit upsets him/her. I threatened to take my landlord to court when I realised he hadn't protected my deposit. He put it in a scheme the next working day. He seemed to be a nice man, wasn't totally sure that the threat was a good idea except that he kept promising to fix things and never did. In the end I was pleased I did it - I was forced to move out as a result of eviction proceedings caused by non payment of mortgage; and whilst he acknowledged the place was left in good order (better I might add than when I moved in) he simply refused to repay the deposit. It was a hefty sum I could ill afford to lose. The deposit protection scheme paid it back in full. I'm still wondering whether to go the extra mile and sue him in small claims for the couple of hundred it cost me to move, but Isuppose that woudll be vindictive. :mad:

kizzie_nikita

After no reply from the letting agent after sending two email, i then sent another and got a reply.

I also emailed my LL and his reply was 'its with 'so and so' letting agent who you gave it to when you moved in'- i can't believe not even our landlord has made sure it's gone into a scheme.

In my email i explained that i've contacted all 3 schemes and that they all told my my deposit wasn't their. I asked the letting agent in my email which one it's which and their reply was..

'Thanks for your email

Please can you let us have the moving out date and then we can refund the £475 deposit to them approx 10 days after you leave'

Totally ignoring the fact i asked about the scheme in detail.

What should i do? Should i threaten with court? Or should i just forget it and let them get away with not complying with the law?

I'm annoyed really, as my friends mother who i live in this house with, think's we are being unreasonable saying we will take it to court.

I just don't understand why should we have to comply with the law IE the tenancy agreement etc and then they can have free-range and not comply with the law IE deposit?

kizzie_nikita

Emailed hte letting agent again, asking which scheme the bond is in, and they're still no0t answering the question.

Friends mother said to leave it, it doesn't matter, and my mum sauid we should take the next steps..

I'm not even sure what to do myself!

G_M

You will have to decide whether to make this an issue and take action, or simply let it go and hope all goes well with the return of your deposit when you leave.

If the former, write (WRITE) to the landlord, at the address "for the serving of notices" which should have been provided (usually but not always on your tenancy agreement). Head the letter "Letter before Action". Give the landlord 5 working days to provide the information after which you will issue court proceedings for his failure you comply with the Housing Act 2004 , and point out the penalty is 3 times the deposit. But I suggest that you only do this if you are prepared to go through with the threat after 5 working days.

Alternatively, wait till you've moved out, and if you have a dispute over the return of part or all your deposit, you will have to use the Small Claims Court.

jjlandlord

kizzie_nikita wrote: »

We're due to move on next month, so need to make sure the deposit is in a scheme.

kizzie_nikita wrote: »

'Thanks for your email

Please can you let us have the moving out date and then we can refund the £475 deposit to them approx 10 days after you leave'

Assuming that you are on a periodic tenancy, have you served notice?


Re. deposit the last resort would be to withheld your last rent payment(s) to compensate.
Obviously I would not count on a positive reference after that...