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Bell
08-11-2009, 11:20 AM
It's now 7 days since the handover of our old rented house back to the landlord and so far we haven't heard anything regarding the return or our deposit.

The house was given back in good order, which was agreed by the landlord, the only point that were raised were for part of the cooker top which was broken (it was actually broken before we moved in but I didn't see the point in addressing this at the time of handover as I intially thought I would go through the TDS - face to face contact with the landlord had previously been strained to say the least and I wanted to keep the handover as professional as possible).

At the handover we found out that our deposit had not been protected, the landlord insisted that they weren't going to 'rip me off' and would get the cheapest price for the replacement of the cooker part and send the rest of the deposit to me, since then I've heard nothing.

What would be my next step in trying to get my deposit back?

tom999
08-11-2009, 11:29 AM
Please confirm:

When did tenancy start?
Was tenancy an AST in England or Wales?
Was annual rent less than £25k?
Was an inventory (written, photo's, video) done at (a) check in? (b) check out?
Were you given any deposit protection information at the tenancy start?

Bell
08-11-2009, 11:43 AM
Tenancy started Oct 07
Tenancy AST in England
Annual rent was less than 25k
No inventory done at check in or check out by the landlord, I took photos of the empty and clean house though at check out. I didn't take any when I moved in though.
We were told about the TDS and we were assured that that's where the Landlord would place the deposit, though we never had anything in writing. The landlord has admitted not putting the deposit into a scheme as they claimed (on handover) they didn't think they needed to, which contradicts what we were told at the begining of the tenancy.

tom999
08-11-2009, 12:12 PM
No inventory done at check in or check out by the landlord, I took photos of the empty and clean house though at check out.
If the landlord cannot prove condition at tenancy start, then he has no proof to claim deposit deductions for.


The landlord has admitted not putting the deposit into a scheme as they claimed (on handover) they didn't think they needed to, which contradicts what we were told at the begining of the tenancy.You are right and landlord is wrong - he should have protected the deposit (if he hasn't).
Contact the Deposit Schemes (http://www.direct.gov.uk/en/TenancyDeposit/DG_066391) to find if deposit has been protected. If not, you may pursue landlord for 3x deposit.

In the first instance, write a firm letter (keep proof of postage) to the landord, that legal action will be taken to recover the full deposit, if it's not returned within 14 days.

Snorkerz
08-11-2009, 14:23 PM
Whatever you do, DO NOT agree to landlord keeping ANY of deposit. He has broken the law by not putting your deposit in an approved scheme and has no right to keep your deposit.