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How to get back security deposit?
nb_berenice
Posts: 9 Forumite
Hi,
Trying to help out my son who is just coming off the back of a renting disaster. In August he found somewhere he liked, signed the contract and attempted to move in. Anyway, he never did move in due to a number of reasons, e.g. skip blocking entrance so furniture could not be moved in, promised white-goods not delivered. He paid a security deposit (no inspection checklist ever provided, or signed) and a couple of months rent. He made it clear he wanted to terminate the contract but not a lot he could do for 6 months.
Then the letting agent informs him the contract can now be terminated, because they have terminated their own contract with the landlord due to lack of response/communication. A lucky break?
He is now having difficulty getting the security deposit back from the letting agent. Lots of emails and phone calls and promises to "return it today" but it never appears. This has been going on for 5 weeks. The contract does not stipulate in how many days it must be returned, something vague like "as soon as possible".
Is there something my son can do to add some leverage to the situation in order to get the security desposit returned? The letting agent cannot hold it due to issues around an inspection because (a) no inspection checklist was provided or signed against at the start of the contract (b) he physically never moved in.
Any advice appreciated. Thank you.
Gav
Trying to help out my son who is just coming off the back of a renting disaster. In August he found somewhere he liked, signed the contract and attempted to move in. Anyway, he never did move in due to a number of reasons, e.g. skip blocking entrance so furniture could not be moved in, promised white-goods not delivered. He paid a security deposit (no inspection checklist ever provided, or signed) and a couple of months rent. He made it clear he wanted to terminate the contract but not a lot he could do for 6 months.
Then the letting agent informs him the contract can now be terminated, because they have terminated their own contract with the landlord due to lack of response/communication. A lucky break?
He is now having difficulty getting the security deposit back from the letting agent. Lots of emails and phone calls and promises to "return it today" but it never appears. This has been going on for 5 weeks. The contract does not stipulate in how many days it must be returned, something vague like "as soon as possible".
Is there something my son can do to add some leverage to the situation in order to get the security desposit returned? The letting agent cannot hold it due to issues around an inspection because (a) no inspection checklist was provided or signed against at the start of the contract (b) he physically never moved in.
Any advice appreciated. Thank you.
Gav
0
Comments
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Start the repayment procedure via the deposit scheme1
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Regardless of what the agent has/has not done, the ultimate responsibility lies with the landlord. What documents were issued at the start of tenancy? Was the deposit protected? Regardless if he moved in or not, if he signed the TA then it sound like there could be grounds for the deposit to be withheld if there is outstanding rent. If not, then start a dispute with the deposit protection scheme, or take the LL to court for failing to protect it. See here: https://forums.moneysavingexpert.com/discussion/comment/67759912#Comment_677599122
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