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  • FIRST POST
    • mattpaint
    • By mattpaint 6th Jan 18, 4:17 AM
    • 102Posts
    • 162Thanks
    mattpaint
    Deposit problem
    • #1
    • 6th Jan 18, 4:17 AM
    Deposit problem 6th Jan 18 at 4:17 AM
    Long story short - I live in a house share but am moving out in two weeks and it has just come to my attention that four months ago my landlords removed my deposit from the protection scheme and told them I had moved out and they haven't protected it again. The previous tenants have only just had their deposits returned from when they moved out four months ago and now I'm in the position where I have zero protection but need the deposit back reasonably quickly after I leave. The landlords are not reasonable people and this is a major reason I'm leaving as well as basic repairs not being carried out. How easy is it to sue for the return of the deposit and how fast is this process? Does anyone know please?
Page 2
    • saajan_12
    • By saajan_12 8th Jan 18, 9:23 AM
    • 1,207 Posts
    • 838 Thanks
    saajan_12
    It's not.- it's not what.. a public forum? Yes it is, as such you get the benefit of a wide range of people advising, but also have to take their chosen tone.
    It's also clear that if I chose to I could still sue my landlords for the return of my deposit for their scheming with the deposit and having the false tenancy start date on the deposit certificate. - you can choose to sue the queen, but it's VERY unlikely you'd win given the deposit has been protected in one way or another throughout the tenancy. I don't wish to do that - but given how they've behaved, I do want the leverage to force them to return my deposit in a timely manner and not mess about as they did with the other tenants. - you have no leverage, the LL has done nothing wrong. The guidance on 'timely' return of deposit is likely longer than you'd like, but there's little you can do about that. How they handled that is a large part of why I'm leaving. Thank you for your advice.
    Originally posted by mattpaint
    Relax, wait for the tenancy to end and THEN request the deposit back through the scheme. Don't antagonise before that, the deposit is protected and noone has done anything wrong.
    • mattpaint
    • By mattpaint 21st Jan 18, 11:52 PM
    • 102 Posts
    • 162 Thanks
    mattpaint
    A deposit 'protected' with fraudulent information is not protected.
    • anselld
    • By anselld 22nd Jan 18, 7:09 AM
    • 5,622 Posts
    • 5,245 Thanks
    anselld
    A deposit 'protected' with fraudulent information is not protected.
    Originally posted by mattpaint
    As stated in post 15 the submitted duration of the tenancy makes absolutely no difference to the operation of the deposit scheme.

    To prove fraud you would have to prove that incorrect information was used with the intent to cause you financial loss.

    Have you left yet?
    Did you get your deposit back?
    • G_M
    • By G_M 22nd Jan 18, 10:07 AM
    • 43,805 Posts
    • 51,783 Thanks
    G_M
    It's also clear that if I chose to I could still sue my landlords for the return of my deposit for their scheming

    ..... I do want the leverage to force them to return my deposit in a timely manner .....
    Originally posted by mattpaint
    You could certainly choose to sue if you wished. Your chances of success however would be about 5%, and depend on either the landlord deciding not tto defend, or on a maverick judge on the day.

    Your deposit is protected as required by law.

    The leverage you have is the potection provided by the Housing Act 2007 as amended (with which your landlord has complied).
    • mattpaint
    • By mattpaint 10th Feb 18, 12:09 AM
    • 102 Posts
    • 162 Thanks
    mattpaint
    Deposit refunded in full a day before my LBA came into effect. Given they had others waiting almost four months to get their deposits back, it seems my plan worked a treat.
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