what to do landlord hasnt protected my deposit

ken2013

Hi im leaving my rented property 21st dec my landlord has not put my deposit in a protection scheme. Im worried now he wont give me my deposit back and just pick at silly things. All his carpets are clean ive stripped wallpaper and painted house back to magnolia its clean. Reason why im leaving is because he refuses to sort bath out which plumbers have told him he needs to sort piping out as water takes foreva to clear when havin bath / shower. Where do i stand with all this. I know he is illegal as he had 30 days to put my deposit in protection scheme. Hes told me i wont be getting my deposit back same day anyway as he wont have it on him on day i hand keys back to him. I do know he has up to 10 days to pay it back. Im just worried i hand keys back and thats that i get nothing back.

Foxy-Stoat_3

Why have you carried out redecoration work in a rented property?

Did you get agreement from the LL in writing to strip wall paper and paint?

If your leaving just because the shower/bath drains slowly I would say that is the least of your worries....may just need to be cleaned out with all the stuff that people put down the plug holes !!

Claire212

I'm pretty sure someone with more legal knowledge than myself will come along shortly.


As you are already leaving the property I assume you have given notice, and you have paid the last months rent? And obviously are worried about getting the deposit back.


As it hasn't been protected then chances are you are right. They will charge for damages etc and find a way not to return it.


We were lead to understand by the council when our LL did not protect ours, that if you took your LL to court asking for the return of the deposit due to not placing it in a deposit protection scheme then you are guaranteed to get back the amount you paid for the deposit and the LL would have to pay your costs.


So if you are willing to fund this temporarily you can't lose. However the 'up to three times the amount' is not guaranteed but will be a bonus if you receive it.


If they do take anything off the deposit and want to give you a remaining sum, I would think twice. We were also told that we were well with in our rights to refuse the deposit (any of it), as the law states that they must give back the deposit in any case. So please don't accept anything other than the whole amount, or you may give him a defense that he has returned it and you agreed to deductions.


I would draught a letter before action asking for the whole deposit to take with you on your check out, when he starts to claim deductions you can refuse and hand him the letter. Then post him another one as well with proof of postage. He may realize his error and decide that he wants to return it all anyway.

Hopefully someone else can come along to help soon.

maninthestreet

Your LL has almost 3 weeks to get the deposit money - the fact that he says he won't have it at the time is bit of a red flag. Make sure you take many photographs of the interior flat on your checkout day.

BitterAndTwisted

You have passed the point where you could have threatened to withhold the last moth's rent or actually done so.

Therefore you only recourse would be to start proceedings in court for the return of your deposit.

Landlords are not entitled to make deductions "for silly things", only those which are proveable dirt, damage or missing. Was there are dual-signed check-in inventory when the tenancy started?

Perhaps just writing A LETTER to your landlord now, pointing out that protection of your deposit was not optional but a requirement might do the trick. You could choose to mention that courts have the discretion to charge up to three-times the deposit value as a penalty for non-protection.

This all assumes that the property is in England or Wales and that the tenancy after April 2007

G_M

Assuming you are in England/Wales you can take the LL to court for 3 times the deposit as penalty for non-registration

Localism Act 2011 (section 184 - updates to deposit scheme rules) Plain English explanation!

Prescribed Information (RLA links to various deposit schemes' documentation)