Help!! Advice needed about landlady withholding deposit

dorondj

Hi. I need help please urgently!! My old landlady has been withholding the deposit from our old house which we moved out of in July, and despite repeated requests has not given it back. Granted, we did destroy it a bit but what student doesnt. Anway, she took off damages and said she was going to give us 100 pounds back each, which she hasnt done now because one of our former housemates didnt pay for 8 weeks. basically she said that because he did not pay she is taking it away from us. i am pretty sure that is illegal??

also, she did not register us with the tenancy deposit scheme which is law. i am on money claim to make a claim against her, am i able to claim the 100 pounds she offered to us or the full amount that i paid in the beginning despite her taking money away for damages? the damages included things such as a kettle and to clean the garden, even though the builders were there anyway already...

Regards, Doron

Calfuray

I assume you are in Scotland if you are quoting the Tenancy Deposit Scheme? You will notice if you go and look it up that there are different dates that deposits need to be paid into the scheme depending on when the landlord received the deposit.

"We did destroy it a bit, but what student doesn't?" Are you kidding? I'm a student and I certainly haven't destroyed any places I have lived in, I'd thank you to keep your blanket generalisations to yourself.

And as to the rest, I think it depends on what is in your tenancy agreement. Did it say nobody would get the deposit back if rent was not paid? You might want to contact CAB with your tenancy agreement details.

dorondj

No I am in England. Ok we did not destroy the house, we had a few parties that got out of hand. The tenancy agreement said nothing about that, the landlady claimed it was a joint contract we signed, however the one she sent me was a single contract that states "The tenant and The landlord". Therefore it was a single contract for one person to sign. Well she received the deposit 3 years ago and hasnt paid it in yet aswell.