Landlords Witholding Deposit. Help!

[BigGingerBob]

Hello,

Last month my girlfriend and I moved from Bedfordshire down to Devon.
I wasn't able to attend the exit check as it is a 5.5 hour drive.
Fast forward to yesterday. I checked my bank account to see if the deposit had been put back in. It hadn't.
I emailed the letting agent (they were let only, not managing) and our landlord and she sent me an email basically saying that as I didn't attend the exit check then I wasn't getting my deposit back. Cue (que?) a long and polite but heated phone call and she eventually starts to say that the flat was damaged in numerous ways and so that was the reason for not returning the deposit. Now, we had only been in the flat 6 months, we are professional people so not lairy and highly unlikely to cause just over a grands worth of damage in 6 months.

This is where it gets interesting/complicated/possibly illegal. I was never given the account number for the deposit protection scheme, I haven't signed anything to get the deposit out. Also, when I did a search for the deposit on the scheme website and it wasn't there.
It looks like the deposit was never put in a scheme. What can I do?
I am starting a business so a grand is needed. We also did not, no matter who does the quote, cause that much damage, general wear and tear at best.

Advice please!

Sorry for the long post and possible spelling mistakes,I'm on my phone.

Thanks

[JustinP1]

BigGingerBob said:

What can I do?
I am starting a business so a grand is needed.

You can sue him for your deposit, and in law, you're also owed between one and three times your deposit as compensation for not protecting it.

Here's the details to save me typing them:

http://www.thompsons.law.co.uk/factsheets/withheld...

Is there an inventory of the house when you moved in?

If not, you'll get your full deposit back. By the fact that the landlord is actually looking to disenfranchise you then the penalty to the landlord is likely to be 2-3 times the deposit.

Edited by JustinP1 on Thursday 30th April 19:07

[Wings]

This government link will offer basic advice, but before taking any legal action, write recorded letter to the landlord for the full refund of your Deposit.

If the Deposit is protected within a TDS, then that Deposit is protected for up to 3 months from the end of the tenancy.

Was there an open inventory carried out the start of the tenancy.


https://www.gov.uk/tenancy-deposit-protection/if-y...

[Petrus1983]

If it wasn't part of the TDS you've won already, if it is just appeal to them - the whole point they're around is to keep things fair.

[eldar]

Petrus1983 said:

If it wasn't part of the TDS you've won already, if it is just appeal to them - the whole point they're around is to keep things fair.

Indeed. You'd be a pretty dumb landlord if you tried to circumvent the scheme.

[BigGingerBob]

Thank you for all the advice, keep it coming!
I have asked her for the details of the scheme but no luck yet, I did email the LL earlier today so I will allow some time.

[Kapenta]

I would suggest sending your request via "Signed For" delivery as opposed to email.

It was really silly not to have attended the checkout.

[BigGingerBob]

Kapenta said:

I would suggest sending your request via "Signed For" delivery as opposed to email.

It was really silly not to have attended the checkout.

Why? I've never attended one before and neither has anyone else I know.

[Cyberprog]

BigGingerBob said:

Why? I've never attended one before and neither has anyone else I know.

The reason why is because otherwise you get stitched up like a kipper - just like you have been!

Always do a walk around inspection at move in, and take photos of any damage areas, then do the same on exit.

[Cyder]

BigGingerBob said:

Kapenta said:

I would suggest sending your request via "Signed For" delivery as opposed to email.

It was really silly not to have attended the checkout.

Why? I've never attended one before and neither has anyone else I know.

Really? I've attended every one of mine and so has everyone else I know (as far as I know).

[supermono]

This doesn't turn on whether or not checkout was attended though my advice would be to attend. If the deposit wasn't in the scheme he was a mug/chancer and hopefully you'll get to screw him over with penalties.

And I'm a landlord so not some anti-landlord type, just anti- scummy landlords giving us a bad name. Good
LucK

[BigGingerBob]

Cyder said:

Really? I've attended every one of mine and so has everyone else I know (as far as I know).

Really.
I couldn't attend anyway as it was scheduled after I left. It was also never told I had to attend or I wasn't getting my deposit back.

[JustinP1]

supermono said:

This doesn't turn on whether or not checkout was attended though my advice would be to attend. If the deposit wasn't in the scheme he was a mug/chancer and hopefully you'll get to screw him over with penalties.

And I'm a landlord so not some anti-landlord type, just anti- scummy landlords giving us a bad name. Good
LucK

I totally agree, and I'm a landlord as well.

A five hour trip to watch the landlord walk around the property won't put the deposit in a scheme, nor will it make a landlord act fairly.

[Petrus1983]

Just thought I'd add - your deposit can't be held back due to standard wear and tear according to the TDS. I'd be inclined to start with phoning them in the morning and dealing with them directly if your previous landlord is trying to be a devious st. Although it looks like this will take a bit longer than normal I can't see it going any other way than yours.

[mjb1]

JustinP1 said:

You can sue him for your deposit, and in law, you're also owed between one and three times your deposit as compensation for not protecting it.

Here's the details to save me typing them:

Unfortunately, the compensation is only enforceable if the tenancy is still current. Once it has ended, then it's too late to try and claim.

[Driver101]

mjb1 said:

JustinP1 said:

You can sue him for your deposit, and in law, you're also owed between one and three times your deposit as compensation for not protecting it.

Here's the details to save me typing them:

Unfortunately, the compensation is only enforceable if the tenancy is still current. Once it has ended, then it's too late to try and claim.

Surely the tenancy has to be ended to require the deposit back in the first place?

[chriscpritchard]

mjb1 said:

Unfortunately, the compensation is only enforceable if the tenancy is still current. Once it has ended, then it's too late to try and claim.

Wrong... http://england.shelter.org.uk/get_advice/tenancy_d...

[GreatGranny]

Driver101 said:

Surely the tenancy has to be ended to require the deposit back in the first place?

Was just going to say the deposit is only required when the tenancy is ended.

Sounds like your landlord has pocketed your deposit with no intention of paying it back and using the "damage to property" excuse.

[superlightr]

Write to the landlord - as in write a letter and post it, asking for a copy of the deposit certificate and if they cannot provide that or prove it was protected ask them if they would like to be taken to court and fined upto 3x the deposit or want to settle now for 2x the deposit?

Im a letting agent btw. (lots of regulations and costs to ensure we act correctly) Its stty landlords like this that give the industry a bad name - fek em hard please.

Its the minority that give the others a bad name - regualtion is good but dont stop up in a free market by the Labour propsed rent caps, fixed 3 year tenancies, right to rents stopping landlord giving notice, a ban on agents fees.

Edited by superlightr on Friday 1st May 10:36

[FrankAbagnale]

I think the most important question to ask here is -

If the deposit wasn't registered, what car and you going to buy with the impending windfall?