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!

Landlord never secured deposit in scheme and refuses to pay back

We moved into our previous address in 2011 and our landlord took £650 as a deposit which we paid in cash. She never place the deposit into any recognised scheme and now that we've recently moved out, she is refusing to return our deposit. What can I do?

Comments

  • AnnieO1234
    AnnieO1234 Posts: 1,722 Forumite
    Send her a seven day letter warning of court action to return your deposit with a stark warning that you will be claiming 3 times as much for her failure to lodge with a scheme.

    There are templates I believe somewhere on the forum xxx
  • anselld
    anselld Posts: 8,651 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Jmce wrote: »
    We moved into our previous address in 2011 and our landlord took £650 as a deposit which we paid in cash. She never place the deposit into any recognised scheme and now that we've recently moved out, she is refusing to return our deposit. What can I do?

    Did the Landlord live in the same property?
  • martindow
    martindow Posts: 10,576 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Have you a receipt for this money?
  • maninthestreet
    maninthestreet Posts: 16,127 Forumite
    Part of the Furniture
    Did deposits have to put into a deposit protection scheme back in 2011?
    "You were only supposed to blow the bl**dy doors off!!"
  • booksurr
    booksurr Posts: 3,700 Forumite
    edited 3 April 2016 at 6:03PM
    Did deposits have to put into a deposit protection scheme back in 2011?
    I am surprised you ask such a question! Deposit protection in England and Wales became mandatory for AST signed from April 2007.

    OP moved into currently property in 2011, QED unless the LL was (as mentioned above) resident, the deposit had to be protected so OP has a perfect legal case for non protection thereby opening the LL up to a minimum penalty of 1x the deposit and, as you know, a max of 3 x the deposit, + return in full of the deposit itself of course

    JMCE read GM's link below, it explains exactly what you need to do (assuming you are in England/Wales and the LL did not live with you)
    http://forums.moneysavingexpert.com/showpost.php?p=67759912&postcount=3
  • Pixie5740
    Pixie5740 Posts: 14,515 Forumite
    10,000 Posts Eighth Anniversary Name Dropper Photogenic
    Did deposits have to put into a deposit protection scheme back in 2011?

    As booksurr says, deposit protection was introduced in England & Wales in April 2007 so it's been on the go for 9 years and yet there are still tits out there who aren't doing it.
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    As advised above:

    * if you're a tenant not lodger (landlord did not live with you)
    * England/Wales
    then you can sue & claim the penalty.

    I assume you have proof of payment of the deposit (receipt? Stated in the tenancy agreement?)

    Send a "Letter before Action". See

    * Deposits: payment, protection and return
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
  • 351.4K Banking & Borrowing
  • 253.3K Reduce Debt & Boost Income
  • 453.8K Spending & Discounts
  • 244.4K Work, Benefits & Business
  • 599.6K Mortgages, Homes & Bills
  • 177.1K Life & Family
  • 257.9K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.2K Discuss & Feedback
  • 37.6K 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.