Rental deposit

[a4cabrio]

Jobbo said:

I think my post must have been invisible, but it will save having to prove anything; a bounced cheque is a simple debt claim.

No, it defo wasn't ignored, I passed all the advice on to my friend, she's decided to go to the CAB and get help from them, not a lot I can do about that I'm afraid, but you're advice was really appreciated, thanks

[Sir Bagalot]

Andehh said:

Wings said:

Sir Bagalot said:

Forget suing for 3x deposit. It costs too much and certainly won't achieve your friend 3x deposit.

Up to LL to protect deposit.

Was a check in inventory done? Was a check out inventory done? If not the LL is basically fked.

Write the LL a nice letter pointing out no checkin/checkout inventory, deposit not protected even though a legal requirement and LL can be sued for 3x deposit, if deposit not received back with 10 days then you will proceed to small claims court.

And then stick to it.

If the Deposit is NOT protected under the TDS, then the Landlord IS fecked, since the Landlord IS then legally unable to make ANY deductions from the tenant's Deposit. A third party's letter, a solicitor's for example, is always the best way forward when dealing with an unscrupulous landlord. The threat of a solicitor's letter of a court appearance and a "fine" of UP TO 3 x Deposit, will produce an instance result for the OP's friend.

You are mistaken Sir Bagalot, I was in a similar situation to OP where landlord refused to give us a chunk of our deposit back for no good reason (damage was there before we moved in & we had carefully evidenced it all). He played silly buggers so we raised a small claims/money claim against him. Put together all the evidence properly, including all three deposit protections scheme confirming they did not hold it and filed the claim for 3x deposit. Cost us £100 or so IIRC.

He kept bluffing & blustering, threatening counter claims etc etc then the night before buckled and paid us full deposit & our costs for raising the claim. He knew it was an open & shut case as the deposit wasn't protected.

FILE A SMALL CLAIM.

Not sure how you think I was mistaken

You potentially wasted money going for 3X deposit (although you did get it back). You could risk this (going for 3X) but the only way to get anywhere near it would be by using a solicitor for the whole process = lots of money.

What I did say was file a small claim for deposit which is what you did. LL's who keep money because there happens to be a Y in the day of the week you move out give us good ones a bad name.

[TeeRev]

Excuse me for butting in but on seeing this thread it has occurred to me that I have a question that someone here may be able to answer. Does the Deposit Protection Scheme apply to shops and commercial property?

We own several flats and houses which are let through an agent who deals with the tenancy agreements, deposit protection and collecting rents for a reasonable fee, we do the in and out inventories and all maintenance and we never have any problems with this system.

We also own a few lock up shops and some small commercial property which for many years we have always let directly to the tenants who have all been pretty long term but right now one shop is just about to come free due to the tenants retirement.

We let these properties with a reasonably comprehensive agreement that we drew up ourselves and have always asked for three months rent as a deposit returnable upon vacation of premises, we have never had a problem with repaying it but we have no wish to be doing anything illegal.

I will of course ask our letting agent this question next week but there's so much knowledge here and the advice is always very helpful.

[Jobbo]

Simple answer: no, it doesn't apply to shops and commercial property.

[porridge]

Andehh said:

Yep, it literally is as open & shut as that. If the landlord does not protect it as they should, you are guaranteed at least your deposit & claims fees back (providing you didnt trash the place etc), and if the landlord decided to play silly buggers can be forced to hand over up to 3x as much. Clear cut.

as others have said, don't faff about and just take action.

[porridge]

Andehh said:

Yep, it literally is as open & shut as that. If the landlord does not protect it as they should, you are guaranteed at least your deposit & claims fees back (providing you didnt trash the place etc), and if the landlord decided to play silly buggers can be forced to hand over up to 3x as much. Clear cut.

as others have said, don't faff about and just take action.

[TeeRev]

Thanks for that Jobbo.