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Landlord overseas

Hi. Quick question. I have just found out that my deposit is being held by my landlady living in Ukraine . Even though I have a certificate from my deposit it’s actually in her account . We are on the edge of a dispute over the check out. Is it legal for a foreign national to hold onto the deposit in their country ?

be most grateful for any answers 


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Comments

  • pinkshoes
    pinkshoes Posts: 20,675 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Just dispute the deposit through the deposit protection scheme it is placed in. 

    Did the LL place it in one? Does your tenancy not have a UK address for the landlord?
    Should've = Should HAVE (not 'of')
    Would've = Would HAVE (not 'of')

    No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)
  • theartfullodger
    theartfullodger Posts: 15,989 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Is this England or....
    ?
  • [Deleted User]
    [Deleted User] Posts: 3,297 Forumite
    1,000 Posts Fourth Anniversary Photogenic Name Dropper
    tedfud said:
    Hi. Quick question. I have just found out that my deposit is being held by my landlady living in Ukraine . Even though I have a certificate from my deposit it’s actually in her account . We are on the edge of a dispute over the check out. Is it legal for a foreign national to hold onto the deposit in their country ?

    be most grateful for any answers 


    If your landlady used an insurance backed deposit scheme then the deposit money will be held in her account. 

    You have a certificate so have you checked that your deposit is still registered with that scheme? 
  • [Deleted User]
    [Deleted User] Posts: 3,297 Forumite
    1,000 Posts Fourth Anniversary Photogenic Name Dropper
    pinkshoes said:
    Just dispute the deposit through the deposit protection scheme it is placed in. 

    Did the LL place it in one? Does your tenancy not have a UK address for the landlord?
    A UK address is required for a PRT in Scotland. AST in England and Wales specifically require an address for the serving of notices in England or Wales. 
  • tedfud
    tedfud Posts: 9 Forumite
    Tenth Anniversary First Post Combo Breaker
    Hi

    thanks for the speedy response. She lives in Kiev.I have the address . Mydeposit says the deposit is insured but she has it in her bank. The claim that they insure it. Mydeposit says they have the registration . We only just moved out but she’s already making noises and I was just checking the law regarding this. When we rented we where overseas and we where told it was managed through the estate agents, however open arrival that proved not to be the case and it turned out to be her friend 90 miles away !

    best

    t
  • tedfud
    tedfud Posts: 9 Forumite
    Tenth Anniversary First Post Combo Breaker
    So to sum up;

    Foreign National, london flat, no uk residence for landlady ( lives in KEIV) , no UK manager ( other than mate who does her favours ) sitting on 3500K with certificate from MYDEPOSIT.

    best

    T
  • PRAISETHESUN
    PRAISETHESUN Posts: 5,192 Forumite
    Seventh Anniversary 1,000 Posts Photogenic Name Dropper
    edited 26 July 2021 at 3:48PM
    Which scheme is your deposit protected with? It should say on your certificate.

    My understanding is that an insured scheme just means that the LL holds onto the money but in the event that they do not return it, the deposit protection scheme will reimburse you (and they will subsequently chase the LL). This is opposed to a custodial scheme where the money is held directly by the deposit protection service. There's nothing wrong with using either service.
  • tedfud
    tedfud Posts: 9 Forumite
    Tenth Anniversary First Post Combo Breaker
    It’s with MYDEPOSITS. 

    Best

    t
  • tedfud
    tedfud Posts: 9 Forumite
    Tenth Anniversary First Post Combo Breaker
    pinkshoes said:
    Just dispute the deposit through the deposit protection scheme it is placed in. 

    Did the LL place it in one? Does your tenancy not have a UK address for the landlord?
    A UK address is required for a PRT in Scotland. AST in England and Wales specifically require an address for the serving of notices in England or Wales. 
    Can the UK address be a friend ?


    best

    T
  • [Deleted User]
    [Deleted User] Posts: 3,297 Forumite
    1,000 Posts Fourth Anniversary Photogenic Name Dropper
    tedfud said:
    pinkshoes said:
    Just dispute the deposit through the deposit protection scheme it is placed in. 

    Did the LL place it in one? Does your tenancy not have a UK address for the landlord?
    A UK address is required for a PRT in Scotland. AST in England and Wales specifically require an address for the serving of notices in England or Wales. 
    Can the UK address be a friend ?


    best

    T
    You said the property was in London therefore the address for the serving of notices given in your tenancy agreement must be in either England or Wales. It need not be the landlord’s home address. 
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