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Deposit Issue AS Tenancy
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romik
Posts: 40 Forumite

Hi,
Property owner's letting agent has vanished, property has been let out last 3 years, deposit scheme was never set up and landlord didn't chase this with the management agent. Landlord doesn't think it's his responsibility to refund deposit as agent committed some sort of a fraud.
I believe landlord still liable for the refund of deposit regardless of the above.
My question is how much time should be permitted for landlord to issue refund of the deposit before pursuing it in small claims court?
Thanks.
Property owner's letting agent has vanished, property has been let out last 3 years, deposit scheme was never set up and landlord didn't chase this with the management agent. Landlord doesn't think it's his responsibility to refund deposit as agent committed some sort of a fraud.
I believe landlord still liable for the refund of deposit regardless of the above.
My question is how much time should be permitted for landlord to issue refund of the deposit before pursuing it in small claims court?
Thanks.
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Comments
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1 day0
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I would send a letter before action to the landlord, setting out how much is owed and giving 21 days to pay or proceedings will be started.
Don't forget it's 3x the deposit you can claim if it wasn't protected, doesn't mean a judge would award it as it's upto 3x.Mortgage started 2020, aiming to clear 31/12/2029.2 -
Send landlord a letter as per Shelter's excellent advice & draft letter here TODAY!Landlord is also liable for up to 3xdeposit for failing to abide by the law: The law in place for well over 10 years. The law revised to give poor little overstressed landlords more time to do a tiny bit of admin, or check their agent did it.....Artful: Landlord since 2000: Oh I do hope my agents have been doing the admin right...... !!!
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Should I get a solicitor to penalise the landlord? He also never tested any of the electrical appliances, some of the newer furniture didn't have fire safety certificates, changed the locks without notice during lockdown when tenants were abroad and sent his representatives to clean the flat and stay there for 1 week without any notice who were stopped only by chance that our cleaners were alrwdy there and stopped his representatives coming in when they opened the door themselves.0
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romik said:Should I get a solicitor to penalise the landlord? He also never tested any of the electrical appliances, some of the newer furniture didn't have fire safety certificates, changed the locks without notice during lockdown when tenants were abroad and sent his representatives to clean the flat and stay there for 1 week without any notice who were stopped only by chance that our cleaners were alrwdy there and stopped his representatives coming in when they opened the door themselves.
The rest is not going to get you any money.0 -
romik said:Should I get a solicitor to penalise the landlord? He also never tested any of the electrical appliances, some of the newer furniture didn't have fire safety certificates, changed the locks without notice during lockdown when tenants were abroad and sent his representatives to clean the flat and stay there for 1 week without any notice who were stopped only by chance that our cleaners were alrwdy there and stopped his representatives coming in when they opened the door themselves.
These issues listed above are a separate issue.
Report landlord to local council for any breaches, e.g. lack of GSC - health and safety/environmental health (have to be honest sure what the department is actually called, may depend on your area?).
Changing the locks can constitute an illegal eviction which is a criminal offence. See link for shelters advice on what to do.1 -
grumiofoundation said:romik said:Should I get a solicitor to penalise the landlord? He also never tested any of the electrical appliances, some of the newer furniture didn't have fire safety certificates, changed the locks without notice during lockdown when tenants were abroad and sent his representatives to clean the flat and stay there for 1 week without any notice who were stopped only by chance that our cleaners were alrwdy there and stopped his representatives coming in when they opened the door themselves.
These issues listed above are a separate issue.
Report landlord to local council for any breaches, e.g. lack of GSC - health and safety/environmental health (have to be honest sure what the department is actually called, may depend on your area?).
Changing the locks can constitute an illegal eviction which is a criminal offence. See link for shelters advice on what to do.1 -
There is no legal requirement to PAT test electrical appliances.
You seem to be suddenly picking up on the LL's manifold deficiencies, but failed to bother checking for 3 years whether your deposit was protected?No free lunch, and no free laptop0 -
macman said:There is no legal requirement to PAT test electrical appliances.
You seem to be suddenly picking up on the LL's manifold deficiencies, but failed to bother checking for 3 years whether your deposit was protected?0 -
romik said:macman said:There is no legal requirement to PAT test electrical appliances.
You seem to be suddenly picking up on the LL's manifold deficiencies, but failed to bother checking for 3 years whether your deposit was protected?0
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