Landlord still hasn't returned Deposit

CPS

Please note the following is in relation to Northern Ireland where the Deposit Protection Scheme did not come into force until April 2013.

I paid my £625 deposit for a rental back in June 2010. I moved out 29 November 2013. Estate Agent emailed me on Monday 2 December to say they had completed the inspection and it was in great condition and they would get the deposit back off the landlord and send it to me.

I rang today and they are still waiting on the money from the landlord (who now lives in another country). EA said there wasn't anything they could do and they had sent landlord reminders and will keep trying.

I think 3 weeks is a bit much for no action. Am I being unreasonable? Is there anything I can do?

Thanks

G_M

I have no idea if the NI registration legislation required LLs to register deposits they already held, so the LL may have done nothing wrong.

If the delay in return becomes overly long, the only action would be via the courts. Step one is always a letter. Write to the LL at whatever address NI law requires (and cc the agent), giving 7 days to return the deposit. Head the letter "Letter Before Action".

Then use the NI courts.

Hopefully someone here will have better knowledge of the NI system.

dancingfairy

Shelter recommend this website here http://renting.housingadviceni.org/prs/advice-for-tenants/taking-on-a-new-tenancy/deposits.html for housing issues in Northern Ireland.
df

tbs624

G_M wrote: »

I have no idea if the NI registration legislation required LLs to register deposits they already held, so the LL may have done nothing wrong.

In NI, any tenancy deposit paid before April 1st 2013 does not have to be protected.

OP - The timing of your deposit payment means that should the LL/LA not play ball, your only option is to pursue its return as a civil matter via the small claims court, as G_M says.

On a general note, it's interesting to see the differences between Eng/Wales rules and the NI ones.

For all deposits paid across since the start of April this year, the LL has 14 days in which to get it registered and 28 days in which to pass on the relevant info to the T.

The penalties for non-compliance appear to be more onerous in NI.
The local council's EHO is the person to whom Ts report lack of deposit protection/failure to issue scheme info. Council can impose a Fixed Penalty of 3x deposit equivalent but council can also take court action, with the threat of a fine for the LL of up to 20k.

Here's one we could do with over here- in NI it is illegal for LAs to apply letting fees to Ts for their tenancy admin costs.

ValHaller

CPS wrote: »

I think 3 weeks is a bit much for no action. Am I being unreasonable? Is there anything I can do?

Thanks

3 weeks is perhaps slow, but I suggest leaving it until the new year and writing a Letter Before Action and then take the matter through the courts. If the money is still not forthcoming, ultimately you can put a charge on the property or get an order for the agent to send on the money from rent being paid. All subject to the provisions in NI law