Landlord didn't use a Tenancy Deposit Protection Scheme

MoneySaver999

Hello,

I recently left the property (about two weeks ago), and I have not yet received my deposit back.

I read in my tenancy agreement that my deposit would be protected using a Tenancy Deposit Protection Scheme. I checked with the scheme and realized that my deposit was never protected.

What are my options?

Thanks

newbie1980

someone will come along and veroify more so

but im sure they will say send a recorded letter putting your intention to sue for upto 3 times the deposit unless it is returned within a time frame as they did not protect the deposit

dancingfairy

Have you checked all 3 schemes (I think it's 3?).
You can sue for non protection of deposit but this is in a special part of the county court system and the fees for this are prohibitive for many people (1000 I think).
More realistically is trying to actually get your deposit back.
Roughly when you have checked the schemes you should write a letter before action telling the landlord you want your deposit back or you will take legal action.
If this fails then you will have to go to court to get your deposit back (costs I think are around 40-50 pounds for this).
Hopefully someone with more links for the deposit schemes will be along later.
df

Guest101

MoneySaver999 wrote: »

Hello,

I recently left the property (about two weeks ago), and I have not yet received my deposit back.

I read in my tenancy agreement that my deposit would be protected using a Tenancy Deposit Protection Scheme. I checked with the scheme and realized that my deposit was never protected.

What are my options?

Thanks

Have you checked all 5 schemes??

MoneySaver999

I thought there were four schemes. Yes, I've checked them all despite the Tenancy Agreement saying that it would be protected using a specified scheme (which I checked).

What happens if they DO agree to return my deposit? Am I still entitled to sue for up to three times the deposit? Or is it the case that if it is returned, this no longer applies? In that case, shouldn't there be some compensation for the fact that my deposit wasn't protected and was therefore at risk?

Yorkie1

https://www.gov.uk/tenancy-deposit-protection or http://england.shelter.org.uk/get_advice/paying_for_a_home/tenancy_deposits/deposit_protection_and_tenancy_deposit_schemes?utm_source=bing&utm_medium=cpc&utm_term=tenancy%20deposit&utm_content=m_42053173923_p&utm_campaign=adCenter+-+Tenancy+deposits for the various schemes - check each one.

If not protected then as DF says above. I'd start with a letter simply requesting your deposit back. If no / unacceptable response, then I'd send a further letter - this time a letter before action, telling the LL that unless you receive the deposit back you'll commence legal proceedings.

Up to you whether you want to go down the cheaper, quicker route of simply suing for your deposit's return, or the longer / more expensive route of seeking the penalty of 1-3 x the deposit.

Do not use recorded delivery. Get a free certificate of posting from the post office each time you send a letter (and keep a copy of the letter).

Edit: you can sue for the non-protection for up to 6 years after you've left; it's not linked to the return of the deposit. But the court fees are, I think, in the £1K region to start with (this would need checking).

You could always allude to the court's power to award 1-3x the deposit as penalty for failure to protect, when you write your letter before action if you think the LL might get difficult.

Guest101

MoneySaver999 wrote: »

I thought there were four schemes. Yes, I've checked them all despite the Tenancy Agreement saying that it would be protected using a specified scheme (which I checked).

What happens if they DO agree to return my deposit? Am I still entitled to sue for up to three times the deposit? Or is it the case that if it is returned, this no longer applies? In that case, shouldn't there be some compensation for the fact that my deposit wasn't protected and was therefore at risk?

4 companies, 5 schemes (1 runs two types) - the return of the deposit is nothing to do with suing for upto 3x the value.

But do you have £1000 to carry out the lawsuit?

Yes, you need to send a letter before action, stating that the LL has failed in his legal obligation to protect your money, and you intend on taking the matter to court, unless they he/they accept the terms as follows:

Your terms ( I would go for deposit returned and 2x the value paid to you)

If that is acceptable, then you are happy to waive any future claim against the LL in respect of this deposit.

Regards

Etc

MoneySaver999

Guest101 wrote: »

4 companies, 5 schemes (1 runs two types) - the return of the deposit is nothing to do with suing for upto 3x the value.

But do you have £1000 to carry out the lawsuit?

Yes, you need to send a letter before action, stating that the LL has failed in his legal obligation to protect your money, and you intend on taking the matter to court, unless they he/they accept the terms as follows:

Your terms ( I would go for deposit returned and 2x the value paid to you)

If that is acceptable, then you are happy to waive any future claim against the LL in respect of this deposit.

Regards

Etc

Yes, I could financially carry out the lawsuit but I would need to think about if it's right to do something like that if the landlord does return my deposit.

There should be a penalty for not protecting my deposit but I do feel that it's a morally questionable thing to do if my deposit has been returned and given that the landlord has generally been okay.

Guest101

MoneySaver999 wrote: »

Yes, I could financially carry out the lawsuit but I would need to think about if it's right to do something like that if the landlord does return my deposit.

There should be a penalty for not protecting my deposit but I do feel that it's a morally questionable thing to do if my deposit has been returned and given that the landlord has generally been okay.

Thats most defintely upto you, I just always wonder a: why didnt the LL protect it and b: if they neglected that, what else havent they done

G_M

Most sensible LLs (!) in this position would be only too happy to return your deposit asap in full in return for you not suing for the penalty.

That would resolve the matter quickly.

You could, of course, still sue, but whether that is what you would want to do is up to you:

* you'd have to lay out the £1000 court fees upfront
* you'd have to devote time/effort
* all court action is stressful (however strong the case)
* you could earn yourself (perhaps) 3 times the deposit (probably less if the deposit has been returned in full)
* you may get a sense of satisfaction

your choice

MoneySaver999

Guest101 wrote: »

Thats most defintely upto you, I just always wonder a: why didnt the LL protect it and b: if they neglected that, what else havent they done

I assume the LL didn't think I'd bother to check and he'd rather keep the money in his own bank account than have it in a scheme?