Landlord not returning deposit

Petriix

Just send him a letter before claim giving him the reasonable opportunity to return your money plus interest and any provable consequent losses; then make a claim if he doesn't pay.

ChloeManoey

greatcrested said:

Raise a dispute. What elase do you want us to say?

I'd like to know if the "30 working days" in the tenancy agreement is actually lawful? 

Also worried that he has spent the money, and I've read that the insurance doesn't always pay out and sometimes it ends up in court? Just wondered if anyone has been in this position and how it worked out. 

anselld

Just raise the dispute.  There was another thread recently where a T was strung along with various stories by the L until the TDS timed out.  If you fail to raise a dispute with 3 months (I think) the TDS will wash their hands of it.

es5595

Please, just raise a dispute. I don’t understand how you’ve been told this so many times and continue to ignore it! 

Yes, he can contest it, but you’ve already got an email saying he’s happy with the condition etc and will return the deposit, so he’s literally got nothing to stand on. 

If he’s spent it, the insurance scheme will pay out and chase him for their losses I assume. Nonetheless, you’ll have your deposit back, so sayonara scummy landlord. 

wesleyad

Just to play devils advocate, it really depends on whether you think he will pay up after his "30 working days" that he has in his head. If you think this is even partially likely I'd say you are better off waiting. If after the 30 days he hasn't paid you can still then start a dispute.

The thing about raising a dispute in with the scheme is that it may actually slow things down. They will take time to process the dispute, then send it to the LL, He will then be given 14 days to return a defence. Then it will be processed again, then they will find in your favour, go back to LL ask him to pay (another 14 days). If he doesn't pay, back to them, more processing, then they will ok a return to you, that will then be put in a payment queue. You see where I'm going. 

macman

ChloeManoey said:

greatcrested said:

Raise a dispute. What elase do you want us to say?

I'd like to know if the "30 working days" in the tenancy agreement is actually lawful? 

Also worried that he has spent the money, and I've read that the insurance doesn't always pay out and sometimes it ends up in court? Just wondered if anyone has been in this position and how it worked out. 

If you want your money back, then claim it from the scheme like everyone has told you. It doesn't matter to you whether he has spent it all on drink, drugs or Mexican dancing girls: if he has then the scheme will pay out. That's the whole point of it.
Statute overrides anything your contract might say. Whether it's lawful or not is irrelevant, since you'd have to sue him anyway.
Your inaction is just losing you more time.

Comms69

ChloeManoey said:

greatcrested said:

Raise a dispute. What elase do you want us to say?

I'd like to know if the "30 working days" in the tenancy agreement is actually lawful? 

Also worried that he has spent the money, and I've read that the insurance doesn't always pay out and sometimes it ends up in court? Just wondered if anyone has been in this position and how it worked out. 

Can you link where youve read this?