My landlord hasn't paid my deposit back and isn't answering my calls, what do I do?

My contract finished at the end of June and my landlord still hasn't paid my deposit back.

All my rent was up to date and as far as I know I've done nothing wrong for my landlord to keep my deposit. It's £150 and she hasn't been picking up her phone or replying to my texts.

I don't know what I should do, I heard about some deposit protection scheme but have no idea what it is.

How serious is it? I mean is it worth calling the police or something that drastic?

Help please :smile:

This was posted from The Student Room's iPhone/iPad App

Reply 1

Soph.Jade

Does your original contract mention a deposit scheme?

Reply 2

zaliack

Write a formal letter stating your intentions to take her to court. Then, follow this procedure:

http://www.direct.gov.uk/en/MoneyTaxAndBenefits/ManagingDebt/Makingacourtclaimformoney/DG_195639

She should fork up sooner or later.

Reply 3

Helen-C

Agree with that - also, you could try Citizens Advice Bureau as they'll be able to provide support. It's always nice to talk to someone face to face who has dealt with the same problems before :smile:

Reply 4

SWilsonFC

I think it's law nowadays that all deposits have to be held in a third party deposit protection scheme. You need to check the details of your contract for this, and you may need to look into getting a dispute service to help you settle the conflict (happened to me with an old landlord when they tried to charge us extra money for things that never happened to the property - we got all our deposit back).

Reply 5

kpwxx

Original post by SWilsonFC

This is right, they should have provided you/the lead tenant with some kind of documentation about the protection scheme when you moved in and, if I remember rightly, asked you to sign it. There are two schemes to choose from, and they basically make sure your money is protected and you can sort out any disputes.

As said above if you want help pursuing it try citizen's advice bureau or your student union. Unless something has genuinely gone wrong, she will be relying on you being too worried or unsure to pursue it; people like this think they can take advantage of students because they are just learning about this stuff, so don't let them.

Xxx

posted from the TSR Android app

Reply 6

The Unique Bloke

I say tear down the house and set in on fire , say its was a gang who broke in demanding money and since the landlord hadnt paid it , you had none

Reply 7

zaliack

Original post by The Unique Bloke

I say tear down the house and set in on fire , say its was a gang who broke in demanding money and since the landlord hadnt paid it , you had none

and when the forensic analysis comes back, expect a few years in prison and to not get your deposit.

Reply 8

Fuzzpig

Legally she has till the end of the month- been through a similar issue.

Reply 9

IgaveUPdrink

Original post by jmaconway

This was posted from The Student Room's iPhone/iPad App

To be honest It puts me off helping you because you are useing those iPhone/iPad, they anoy me, over hyped products, but since I am a nice guyy I will give you advice.

throw a brick through the window...

Reply 10

MancStudent098

Original post by jmaconway

As people have mentioned the money needs to be held in a deposit protection scheme, as discussed here:

http://www.direct.gov.uk/en/homeandcommunity/privaterenting/tenancies/dg_189120

If it's not you may be able to claim back more than the original deposit from the landlord.

Ultimately your final recourse is the courts, the small claims court is reasonably efficient for this sort of thing (I assume that's what the online form from the earlier poster's link does).

However I would endeavour to get the money back by talking to them if at all possible. Maybe drop them a phone message/ text/email/letter (hell, why not all four) and set them a deadline of early August to respond (mention that you'll take it to the SCC after this point) and if they haven't by then you can explore legal options.

P.S. Don't try calling the police, it's a civil dispute, they're not going to care that much.

(edited 11 years ago)

Reply 11

Manitude

Take a look at the contract you signed and see what it says there.
If there is some deadline for deposit return then simply wait until it passes. If it has already passed or there's no payout when it does pass then write a formal letter stating your intent to take legal action if the money is not returned before an appropriate date (say, four weeks following the date of the letter). CAB should be able to direct you with greater knowledge than I do.

Reply 12

rockrunride

My landlord is really slow as well, though it's the slightly greater sum of £540 I'm after!

Reply 13

poony

Details of tenancy deposit scheme

http://www.direct.gov.uk/en/HomeAndCommunity/Privaterenting/Problemsanddisputes/DG_189243

Reply 14

jmaconway

Thank you all for the advice, I've just checked back after posting this thread. Amazing how helpful people are.

I'm going to look through everything and keep you up to date. Still no sign of her and I've been calling almost every day. Maybe I just pissed her off :/

Well, wish me luck!!

Reply 15

gagaslilmonsteruk

Give her a couple more weeks as she may not be as up to date and organised with payments as you are. Keep pestering her and I think she will make you wait a bit longer. If nothing's been sorted by the end of August, say, then it would be ok to start looking down the path of legal action.

Reply 16

lilahnurave

I had to claim my deposit back through the deposit protection scheme. Its really easy, and I got it all back. Just go on the website and it should explain it all to you, you can do it all online. Nothing to worry about, if you're in the right and I'm sure you are, they'll get the money back for you. Pm me if you need any advice :smile:

Reply 17

tsnake23

Original post by jmaconway

Don't bother. She should have sent it back within 14 days. I'm guessing this deadline expired a while ago.

Send her a letter straight away via post to the address she lives (should be on the contract) titled 'Letter Before Action' and make it clear that you will give her 14 days to return the full deposit or else you will start proceedings via the Small Claims Court. Make sure you get proof of posting for this letter at your post office.

As I am assuming she has not protected your deposit via a Deposit Protection Scheme (you did not say if she did or not), you are entitled to your full deposit back without any deductions, and she could also be liable to compensate you a further 1-3x the deposit (though its probably not worth pursuing this). Make it clear that you understand your rights and that you will be following this up.

Look at this link for info about your rights concerning deposits: http://england.shelter.org.uk/get_advice/paying_for_a_home/tenancy_deposits/tenancy_deposit_protection_schemes