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Deposit not protected!?

My family and I have just vacated our property after 5 years of renting and our landlord has refused to refund our deposit due to "excessive wear and tear". We obviously disagreed and asked our landlord's wife what scheme the deposit was protected under. She didn't know and said it didn't matter anyway!? My wife and I are pretty sure that the landlord hasn't protected our deposit and I have coincidently been emailed today by a company called DepositProtectionClaims.com suggesting we could get compensation of 3x the deposit AND a full refund of the deposit! Has anyone else had any dealings with this company, or any other company offering to help get compensation for tenants?

Comments

  • Yorkie1
    Yorkie1 Posts: 12,313 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Do not deal with any company which cold calls / emails you.

    This company is no win no fee, but they will probably take about 25% of anything you do get awarded by the court for their efforts.

    If the LL does not protect the deposit within 30 days (I'm assuming you're in England / Wales) then you can take them to court for return of the deposit plus a penalty of between 1 - 3 times the deposit. This latter element is more discretionary for the court.

    You need to pay high court fees to start the proceedings (refundable if you win) because the additional penalty element of the claim takes it outside the cheaper small claims track.

    See the gov.uk site for info about deposits - it lists the different deposit schemes where you can double check whether your deposit has indeed been protected (though it seems pretty clear from the LL's response that it isn't).
    https://www.gov.uk/tenancy-deposit-protection/overview

    Then have a look at the Shelter website for step by step guidance on how to take this forward, without using this company.

    When you moved in, was there a dual-signed inventory setting out the condition of the property?

    When you moved out did you make a note of the condition of the property?

    What sort of things is the LL claiming to deduct money from your deposit for?
  • Guest101
    Guest101 Posts: 15,764 Forumite
    Also please check the local small claims court as in some areas this has gone down that route.
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