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Landlord hasn't protected deposit - wwyd?
MsDemeanour
Posts: 14 Forumite
what would you do?
I privately rented a flat in 2003 and moved out last month. As my contract was renewed each year, with the rent sometimes increasing at the beginning of a new contract, I understand that my original deposit should have been protected from 2007 onwards.
I have always suspected that it wasn't, as I never received any paperwork, and have just spoken to each of the 3 schemes who confirm it's not with any of them.
The landlord told me a fortnight ago (after me chasing it) that he was going to post me a cheque. In the meantime I've received forwarded post sent by him, but no deposit as of yet. I suspect that he may get awkward about returning it - I was in the property for 9 years and so there was a fair amount of wear and tear. However we never did an original inventory so it would be difficult for him to prove the original condition imo.
I don't know whether to wait (possibly indefinitely!) for my cheque to arrive - or whether to contact him now and tell him that I know it wasn't protected, and that I shall start proceedings to recover it (plus the potential fine for him not having protected it - 3 times the amount of the deposit I believe.) Also if it is returned, I don't know whether to just call it quits (my original thinking) or to try for a fine anyway.
I should mention that he hasn't been a great landlord - on 3 occasions either him or his mother entered the flat without permission/prior notice without it being an emergency. (most recently his mother let herself in after I didn't answer the doorbell, reason being I was feeding my baby, which she walked in on!)
Each winter of my tenancy the boiler broke so I was left without hot water or heating on an annual basis and he refused to replace it, just kept getting the same man to come and "fix" it.
When my carbon monoxide detector gave up the ghost he took it away and never replaced it
When we thought we had a water leak he refused to get a plumber in.
And so it goes on!
wwyd?
I privately rented a flat in 2003 and moved out last month. As my contract was renewed each year, with the rent sometimes increasing at the beginning of a new contract, I understand that my original deposit should have been protected from 2007 onwards.
I have always suspected that it wasn't, as I never received any paperwork, and have just spoken to each of the 3 schemes who confirm it's not with any of them.
The landlord told me a fortnight ago (after me chasing it) that he was going to post me a cheque. In the meantime I've received forwarded post sent by him, but no deposit as of yet. I suspect that he may get awkward about returning it - I was in the property for 9 years and so there was a fair amount of wear and tear. However we never did an original inventory so it would be difficult for him to prove the original condition imo.
I don't know whether to wait (possibly indefinitely!) for my cheque to arrive - or whether to contact him now and tell him that I know it wasn't protected, and that I shall start proceedings to recover it (plus the potential fine for him not having protected it - 3 times the amount of the deposit I believe.) Also if it is returned, I don't know whether to just call it quits (my original thinking) or to try for a fine anyway.
I should mention that he hasn't been a great landlord - on 3 occasions either him or his mother entered the flat without permission/prior notice without it being an emergency. (most recently his mother let herself in after I didn't answer the doorbell, reason being I was feeding my baby, which she walked in on!)
Each winter of my tenancy the boiler broke so I was left without hot water or heating on an annual basis and he refused to replace it, just kept getting the same man to come and "fix" it.
When my carbon monoxide detector gave up the ghost he took it away and never replaced it
When we thought we had a water leak he refused to get a plumber in.
And so it goes on!
wwyd?
0
Comments
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Send him letter giving him 30 days. After that take him to small claims. It looks to me like he is going to try and not refund you.0
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MsDemeanour wrote: »wwyd?
Write to him asking for return of the full deposit pointing out it wasn't registered as required by law. Also mention there was no inventory.
Tell him you'll proceed with legal action if you've not recieved it in 28 days.0 -
The 3 times deposit is not a fine, it is money that would be paid to you.make the most of it, we are only here for the weekend.
and we will never, ever return.0
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