We’d like to remind Forumites to please avoid political debate on the Forum.

This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

PLEASE READ BEFORE POSTING: Hello Forumites! In order to help keep the Forum a useful, safe and friendly place for our users, discussions around non-MoneySaving matters are not permitted per the Forum rules. While we understand that mentioning house prices may sometimes be relevant to a user's specific MoneySaving situation, we ask that you please avoid veering into broad, general debates about the market, the economy and politics, as these can unfortunately lead to abusive or hateful behaviour. Threads that are found to have derailed into wider discussions may be removed. Users who repeatedly disregard this may have their Forum account banned. Please also avoid posting personally identifiable information, including links to your own online property listing which may reveal your address. Thank you for your understanding.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

LA has no record of my deposit and has not protected it!

2»

Comments

  • G_M
    G_M Posts: 51,977
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Forumite
    How can you hand over hundreds of pounds in cash and not ask for a receipt?:eek:
    Never ceaces to amaze me what people do.
  • LolStevo
    LolStevo Posts: 548 Forumite
    It's on my tenancy agreement I'm guessing that's enough?
  • G_M
    G_M Posts: 51,977
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Forumite
    LolStevo wrote: »
    It's on my tenancy agreement I'm guessing that's enough?
    It is strong evidence, but not definative proof that it was paid.

    If this went to arbitration or court, you would probably win the arguement that you paid a deposit, but not definately. It would depend for example, what the landlord said in response, or whether he produced perhaps a series of letters to you requesting payment of the unpaid/overdue deposit
  • dodger1
    dodger1 Posts: 4,579 Forumite
    G_M wrote: »
    It is strong evidence, but not definative proof that it was paid.

    If this went to arbitration or court, you would probably win the arguement that you paid a deposit, but not definately. It would depend for example, what the landlord said in response, or whether he produced perhaps a series of letters to you requesting payment of the unpaid/overdue deposit

    Surely it depends on the actual wording, my previous AST agreement stated "received the sum of £575 first months rent and £750 tenancy deposit" or words to that affect, and of course the agreement was signed.
    It's someone else's fault.
  • martindow
    martindow Posts: 10,806
    Part of the Furniture 10,000 Posts Name Dropper
    Forumite
    dodger1 wrote: »
    Surely it depends on the actual wording, my previous AST agreement stated "received the sum of £575 first months rent and £750 tenancy deposit" or words to that affect, and of course the agreement was signed.
    Do your bank statements show you withdrawing this sum in cash? If so in conjunction with the tenancy agreement this would make a good case that your deposit was paid.
  • princeofpounds
    princeofpounds Posts: 10,396
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Forumite
    If a deposit is mentioned on the tenancy agreement that is usually enough. After all, if one was not paid why would the LL let you move in in the first place?
  • mrginge
    mrginge Posts: 4,843 Forumite
    In the poster's other thread it is stated that the LL is threatening to retain the deposit.
    Difficult for them to then argue it was never paid.
  • G_M
    G_M Posts: 51,977
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Forumite
    If a deposit is mentioned on the tenancy agreement that is usually enough. After all, if one was not paid why would the LL let you move in in the first place?
    Indeed. 'Usually'.

    Though we have had landlords on here who did just that.

    Or took 50% of the deposit and agreed to take the other half the following month (and then, surprise! struggled to get it out of the tenant)......

    We've also had a tenant who paid half before moving in, which the LL registered, and the other half a month later which was not registered, resulting in the tenant wanting to know if his S21 was valid or not (it wasn't).
  • LolStevo
    LolStevo Posts: 548 Forumite
    Thanks for advice! I'm all geared up ready to hand keys in tomorrow! She has already made it clear she doesn't want me to have the deposit back but I believe there is so much I could go after her for so will be back for next steps soon x
This discussion has been closed.
★ ★ ★ Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 355.7K Banking & Borrowing
  • 254.9K Reduce Debt & Boost Income
  • 456.1K Spending & Discounts
  • 248.3K Work, Benefits & Business
  • 605.9K Mortgages, Homes & Bills
  • 179K Life & Family
  • 263.7K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.2K Discuss & Feedback
  • 37.7K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.