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Deposit not protected - help!

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Comments

  • FBaby
    FBaby Posts: 18,374 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    So you want to make easy money just because you can even though you have suffered no loss.

    Yes your landlord has failed to follow the rules, yes they should know better as a landlord but does this mean YOU deserve money off his back?

    Take it to court and come back to tell us how it went. Would hope judge would tell landlord off and then tell you to take a hike assuming of course you got your full deposit back.
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Have you now understood the law and decided what action you plan to take?

    Or is there an outstanding question?
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    gozaimasu wrote: »
    I don't know what plan of action to take.

    Does the landlord have to do an inventory and get references before he can register the deposit in one of the schemes?
    Already answered in the thread.
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    To vent your anger, go to the debate forum.

    Otherwise I repeat:

    Have you now understood the law and decided what action you plan to take?

    Or is there an outstanding question?
  • mrginge wrote: »
    You have demonstrated a serious lack of understanding.


    No I really haven't. My post still stands as the acceptable way to deal with this.


    Why you would want to go to court and annoy another landlord (the op has a history on this forum) I don't know. If I knew I was leaving I would be happy to receive a reference and leave with as much ease as possible.
  • Mulder00
    Mulder00 Posts: 508 Forumite
    Ninth Anniversary 100 Posts
    gozaimasu wrote: »
    If you were a tenant in my position, what would YOU do?

    I would want my landlord to protect my deposit as soon as possible by speaking to them. The point of protecting your deposit is to protect your deposit, not an opportunity for you to make money by hoping that they don't do it. You should be hoping they do it. You are confusing the right to have your deposit protected with a perceived right to make money when it is not.

    You've recognised it hasn't been done - try to rectify it.
    gozaimasu wrote: »
    The LL is now trying his best because he realises that I can take him to court for not protecting it. This is my fault for asking whether or not it was protected because I couldn't find a record with any of the schemes.
  • mrginge
    mrginge Posts: 4,843 Forumite
    edited 23 December 2015 at 2:36PM
    Some posters seem to think that deposit protection is not that important, or that landlords who fail to protect should in some ways be let off with a slap on the wrists.

    Personally I take the view that when someone knowingly breaks the law they should be prosecuted. I couldn't care less what the OPs background or motivation is. I don't care if they get a payout that they don't 'deserve'.
    I do care that a landlord doesn't follow the law that has been in place for a number of years.
    I would be delighted to see enforcement of the law moved from the tenants responsibility to either the police or some other agency and fines being distributed to charity for example. However, since the burden of enforcement and risk is on the tenant, I don't see why they shouldn't be handed a nice big fat cheque for having to do the work.
  • FBaby
    FBaby Posts: 18,374 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    All the landlords on here are clearly against it. If you were a tenant in my position, what would YOU do?
    I would ask for the deposit to be protected asap, and then expect to get it fully back unless there were good reasons to withhold any sum of it.

    ONLY, and I say ONLY, would I consider suing them if the deposit wasn't protected at this stage or returned fully, or if the deductions -if any- were unfair.

    Otherwise, you are suing him only to make money despite suffering no loss. That's called greed.
  • It's irrelevant what the tenants motivation is. The law exists and the tenant is entitled to use it. We don't know the background and if there have been issues along the way.
    Df
    Making my money go further with MSE :j
    How much can I save in 2012 challenge
    75/1200 :eek:
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