Deposit not protected...!

[bifaroco11]

Hello,

I've been reading throughout the threads but I still have some doubts!

I have moved into a property on an assured household tenancy back in Aug/2007 and I have paid £550.00 deposit.

I didn't knew about deposit schemes until now and I already left the property last Tuesday, the 10th. of March.

Now the Landlady only wants to give me back part of the deposit and I disagree, I've left the property in a mint condition and I want my whole deposit back!

I have two issues that I would like to see clarified (please!):

 

a) My deposit is not protected in a scheme but I have already left the property; can I still put a claim against my ex-Landlady because she did not protect the deposit and have back the deposit plus 3x the amount as a fine?

 

b) Can she still go now, after I left, and protect it as a way of stopping me to claim the fine?

 

I still have a lot of other questions but this are the ones that are still a bit confused in my mind!

 

Thanks!

[trubster]

Get a solicitor, file court procedings and the county court will "Automatically award three times the deposit held" £550 x 3!!!

 

This is as long as the law obliging landlords to "protect" deposits was enforced on the date you paid it

 

Sure you will get more sound advice shortly... hth

[johnhowell]

b) Can she still go now, after I left, and protect it as a way of stopping me to claim the fine?

 

If the deposit is put into a TDS, then the amount due back to you can be assessed by arbitration. She would have to justify the withheld amount.

 

The scheme is to protect both parties not just the landlord or just the tenant.

 

Regards,

John

[cds]

Send a letter before action, and ask for your deposit back. Some judges are frowning on claimants who have not attempted recovery through normal channels. Putting the deposit in a scheme or returning it before a court hearing as been regarded by some judges as compliance. One judge even threw out a case because the tenancy had ended so act did not apply.

 

Its not as crystal clear as it would seem and a good solicitor along with a grumpy judge good cause you lots of problems if you are not prepared.

 

cds

[help me kick his butt]

a) My deposit is not protected in a scheme but I have already left the property; can I still put a claim against my ex-Landlady because she did not protect the deposit and have back the deposit plus 3x the amount as a fine? Yes you can

 

b) Can she still go now, after I left, and protect it as a way of stopping me to claim the fine? No, all 3 schemes have confirmed that a deposit cant be protected once the tenancy has ended.

I would advise to do this yourself, you dont need a solicitor. Everyone on here can help you with filling out the forms etc