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Problems getting deposit back Watch

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    (Original post by crazyspacemonkey)
    Here is the official information... Linkage

    If you began renting after April 2007 then the government has this to say about your deposit (which had to be paid into a protection scheme):

    "Failure to protect a deposit has serious consequences for the landlord. Firstly he or
    she will be unable to gain possession using Section 21 (Notice Only) of the 1988
    Housing Act and, secondly; the landlord can be fined up to three times the
    amount of the deposit if he or she fails to protect the deposit within 14 days of
    having received it."

    I would ask her again politely (ideally in person to gauge her reaction) and if not send her a letter regarding this. Threaten her with legal action and she'll probably just give you all your money.
    Thanks a lot

    I don't really want to email her an empty threat. What shall I say?! How can she be fined, I mean who would fine her if she hasn't protected our deposit? Would we have to take her to court or something?! Sorry if you have no clue lol. Thanks
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    (Original post by rakata)
    I don't really want to email her an empty threat. What shall I say?! How can she be fined, I mean who would fine her if she hasn't protected our deposit? Would we have to take her to court or something?! Sorry if you have no clue lol. Thanks
    I am no expert on the subject I'm afraid, but I'll do my best to help further. The government says this if your deposit is not being protected:

    "You can apply to your local county court. The court can order the landlord or agent to either repay the deposit to you or protect it in a scheme. If your landlord or agent has not protected your deposit, they will be ordered to repay three times the amount of the deposit to you."

    Going to the courts will cost you money, but as far as I'm aware you will be able to ask the court to make the landlord pay the fees.

    Before any of this though, you need to officially ask your landlord for your money back. Obviously you dispute the fact that she is charging you for chairs and things that you don't think are broken. If I was you I would simply assume she has put your money into a deposit scheme. This way you can remain amicable and also avoid accusing her of anything.

    If you're unsure I would probably phone the Citizens Advice Bureau before going any further. They have a website where you can find your local one - it will even give you the address and times it is open if you'd rather go in and talk to someone personally. The Bureau is there for people like you, don't worry they don't judge and will remain impartial (or even slightly biased towards you).

    Look at the bottom of the page here.
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    Update...

    Just sent a letter to the landlord threatening to take her to court for not paying our deposit into a scheme. I hope we just get a cheque or something before the 2 weeks are up and we have to go any further
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    Have you made it clear you know the laws? If it's an empty threat ("give me the deposit or else I'll sue you") she probably won't take it as seriously as if you point out the law and show it has been breached.
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    The landlord is perfectly entitled to charge for any breakages you as tenants are collectively responsible for. Knowing the disgusting state that stuents leave properties I think she is well within her rights to charge for a professional clean. It may even say so in your contract. Look at what you signed up for before you start threatening legal action! Don't forget many landlords have insurance to cover their legal costs if they go to court. Do you?

    This may be of use
    http://www.tenancyagreementservice.c...on-schemes.htm
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    £150 for professional cleaning is damn good! Our deposit on me and the missus old flat is being held back for a couple of things and one of them they wanted £50 to clean a damn oven LMAO! Ours has gone into arbitration which is a government body that is completely unbias and independent and will review it all then tell us all who has to pay what and when, so supposedly yours will be the same if you are appealing against it? Have you gone through an agency?

    I know for a fact that if arbitration doesn't rule in our favour I'll be taking it to the small claims court as our deposit was quite a lot as we've been working for a year.
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    (Original post by roubiliac)
    The landlord is perfectly entitled to charge for any breakages you as tenants are collectively responsible for. Knowing the disgusting state that stuents leave properties I think she is well within her rights to charge for a professional clean. It may even say so in your contract. Look at what you signed up for before you start threatening legal action! Don't forget many landlords have insurance to cover their legal costs if they go to court. Do you?

    This may be of use
    http://www.tenancyagreementservice.c...on-schemes.htm
    My main issues are that a) she's charging us for what I would argue is wear & tear, and replacing old crappy things with new things, and charging us for things we didn't do, and b) she didn't protect our deposit so now we can't really dispute the charges.

    I dunno, she's the one that's broken the law, I've read up tons I just didn't want it to get this far.
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    You (collectively) broke the chair and the washing machine. You're responsible for the repair or replacement. That isn't fair wear and rear!
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    (Original post by rakata)
    My main issues are that a) she's charging us for what I would argue is wear & tear, and replacing old crappy things with new things, and charging us for things we didn't do, and b) she didn't protect our deposit so now we can't really dispute the charges.

    I dunno, she's the one that's broken the law, I've read up tons I just didn't want it to get this far.
    If it was standard wear and tear why did you not raise it with the landlord when it happened, because surely it didn't all happen just as you were all moving out? Why shouldn't the landlord replace old with new? If you are so bothered by being charged then perhaps you should consider taking out tenant insurance in future, to cover against such fees.
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    (Original post by nearlyheadlessian)
    If it was standard wear and tear why did you not raise it with the landlord when it happened, because surely it didn't all happen just as you were all moving out? Why shouldn't the landlord replace old with new? If you are so bothered by being charged then perhaps you should consider taking out tenant insurance in future, to cover against such fees.
    Cmon, £85 for a bar stool? If she'd paid that much for it it wouldn't have broken just by someone sitting on it surely.


    And...


    "Your landlord can only deduct as much as is needed to repair or replace what you have damaged on a 'like for like' basis. So, if you break an old armchair, you shouldn't have to pay for a brand new one. As with cleaning, you should not be penalised for normal wear and tear."
    - http://england.shelter.org.uk/get_ad...posits_cover#3


    And yeah, it really was my mistake not to tell her as it broke, I've learnt my lesson lol. But, nothing that has broken or whatever was done on purpose.

    But still, she's actually broken the law. That's kinda what I want to know more about but I guess no one else has been in this situ before
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    You keep saying she has broken the law - how exactly?

    A word of caution on going to court. My brother went to uni in Leeds and had a property owned by a landlord who has gained notoriety by refusing to pay any deposits back despite court orders against him. My brother and his house mates went to court 3 years ago, won and still haven't got a penny. You'll get barrack room lawyers on here telling what to do but in reality it isn't as easy as they make it seem.
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    (Original post by roubiliac)
    You keep saying she has broken the law - how exactly?

    A word of caution on going to court. My brother went to uni in Leeds and had a property owned by a landlord who has gained notoriety by refusing to pay any deposits back despite court orders against him. My brother and his house mates went to court 3 years ago, won and still haven't got a penny. You'll get barrack room lawyers on here telling what to do but in reality it isn't as easy as they make it seem.
    I really, really don't wanna go to court, but she hasn't paid our deposit into a tenancy deposit scheme and you can get fined 3 x the amount of the deposit for not doing that. She's just not negotiating/replying to emails and I don't know what else we can do. That really sucks for your brother
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    My brother and hundreds of other students in Leeds. The landlord was even on Watchdog.
 
 
 
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