Unprotected Deposit?

spikyone

Hi all,

Looking for some advice on how to deal with my former landlord. I rented a room in a shared house, and moved out in early June. The landlord's son (her representative) checked me out of the room and told me that he was happy with its condition, so I would get my entire deposit back.

(Coincidentally he also mentioned a clause in the original tenancy agreement regarding a £30 deduction to cover wear & tear to communal areas, which I have subsequently pointed out appears to breach the Housing Act)

Two other tenants moved out in the time I was there and both had trouble getting their deposit back - I'm now having the same problem. I received £125 (of £390) a couple of weeks ago, which was - allegedly - supposed to have been paid to one of their employees but was instead credited to me. I have called the landlord's son to ask for the rest of my deposit, but the landlord is - again allegedly - on holiday.
I never received from the landlord any information on the deposit protection scheme being used, and strongly suspect that the deposit was never protected. I believe that the landlord's business address, as per my tenancy agreement, is actually the address of another property that they rent.

So, my question is, how should I proceed with this? If I can confirm that the deposit was unprotected, is it possible to claim for this through the courts even though I have moved out (and effectively ended the tenancy agreement)?

Any help appreciated

RAS

I am nicking G_M's post

Contact each scheme yourself and ask!

Deposits (Rules on deposit protection)

Also see details of the Localism Act 2011 S 184 here:

Plain English explanation!

Do you want your deposit back, or do you want to put the fear of god into them? As you can sue for up to 3 times the deposit if they have not protected it.

spikyone

Thanks for the reply! Frankly, the landlord seemed intent on screwing the tenants for as much money as possible (e.g. the dodgy contractual deduction) and did practically nothing to repair faults with the property in two years, so I'm not inclined to be particularly sympathetic.

If I was to pursue the legal action route, what would be the first step? Ordinarily in a small claim case I'd expect that a claimant would send a LBA, but:
1) I've now moved out anyway so it's not like I can ask them to make good on the situation
2) In a case where the deposit was unprotected and it's therefore cut and dry (I will confirm this with the three schemes), what would be the point of sending a LBA?

pmlindyloo

Follow the steps here:

http://england.shelter.org.uk/get_advice/paying_for_a_home/tenancy_deposits/deposit_protection_and_tenancy_deposit_schemes