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Deposit protection

Hi,

Looking for some advice please on my next move. 2 weeks ago I moved out of my rental property, from looking online when trying to get an idea as to how long it takes to get deposit back I now realise it should have been protected. I have never received any documents to inform me it has been. I had been in property since July 2012. This is in Scotland and I have tried checking the 3 schemes: mydepositscotland, safedepositscotland and lettingprotectionscotland and they all are unable to find any details of protection. Unfortunately the letting agents are yet to send me the information, I have asked 4 times and the landlord just referred me to letting agent.
I have been sent my checkout report however there are a couple of issues I am disputing, not sure if that is causing delay in me getting the information?
Can someone please advise how long I should give them to reply/send details to me? Before I take further action.
Appreciate the advise as it has been my one and only time as a private tenant.

Comments

  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Not sure how the system works in Scotland (artful will know), but

    * check Shelter Scotland
    * once you are sure what the Ll should have done re registration, and sure that he did not, and you've checked what the consquences are, write to the ll and agent telling them and giving them 5 days to resolve efore you take whatever action the Scottish system requires to claim whatever penalty the system awards.
  • G_M thanks so much for the quick reply, appreciated I will give shelter Scotland a call.
  • Pixie5740
    Pixie5740 Posts: 14,515 Forumite
    10,000 Posts Eighth Anniversary Name Dropper Photogenic
    Do any of these apply to you?

    * the landlord is a family member
    * life rents
    * holiday homes
    * properties used by religious organisations
    * supported accommodation
    * a house that is subject to control orders
    * agricultural and crofting tenancies
    * where the landlord is a resident
    * where the ownership of the property changes hands, such as when the property has been repossessed.

    If none apply then your deposit should have been protected.

    How long did you give the letting agent to respond with details of where your deposit is registered in your letter? If you didn't give a timescale then I would say that 10 working days is more than ample for them to supply you with the information. It's no good the landlord just referring you back to the letting agency as ultimately it was his legal responsibility to ensure your deposit was protected.

    If they can't/won't supply the information and they won't return your full deposit then make a summary application to the sheriff court (you only have 3 months from the end of your tenancy to do this.)
  • Pixie5740 thanks for your reply,

    Non of the above apply to me. I only asked last Thursday for the first time via email, never gave a timescale. I have emailed a couple more times as well as to landlord, only once I was advised that they would ask accounts department but nothing since. I understand that not a long time has passed and I now realise I should request the information via real mail, pen to paper.
    I just wanted to keep myself right and not jump the gun but also not to be too late.

    Again thanks again for the advise
  • Pixie5740
    Pixie5740 Posts: 14,515 Forumite
    10,000 Posts Eighth Anniversary Name Dropper Photogenic
    Good luck with it and let us know how you get on.
  • Hi again,

    Just to update, got a reply from letting agents to say that no deductions will be made and a full return of deposit has been made. Hopefully I will see it in my bank in a few days. No mention of the deposit scheme so I believe it wasn't in one, I'm just glad to get my deposit returned though.
    Thanks for your help
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    When you get it, take them in an eclair to the office. Or maybe a deep-fried mars bar as it's Scotland......!
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