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leeg
23-02-2010, 18:05 PM
I'll be moving out of my flat soon and have contacted my landlord to give notice. Before doing so I checked the terms of my AST and posted on here to check what notice I needed to give.

On checking the AST, I noticed that it mentioned the specific deposit scheme he had used so I browsed their site, and noticed it said this:

"Your Landlord/Agent will sign the Deposit Protection Certificate and ask you to countersign it to confirm that the details are correct. They will keep a copy of the Certificate and pass a copy to you as proof of protection."

I never got a copy of the certificate. The site allows you to check whether it was used by entering your postcode and month of tenancy commencing. I did, and nothing showed up.

I asked the landlord to see a copy of the certificate and he said he didnt know where it was. I also realised I cant find the receipt for the deposit I gave him, though my AST says "The Landlord has nominated to protect the deposit of £1000 with Tenancy deposit Solutions ..."

Now I dont have a receipt and I'm fairly sure that its not protected. Is it possible that the landlord can just keep this and say he never got a deposit? I can probably find proof of giving it to him through bank statements though.

JK0
23-02-2010, 18:10 PM
I am only guessing here, but would the firm have a website you could check on?

leeg
23-02-2010, 18:11 PM
Yes it does, I checked and its not showing as having received my deposit.

JK0
23-02-2010, 18:16 PM
Was tenancy through an agent or direct with the landlord? If agent, go and ask them.

Even if direct with landlord, I think you are quite well protected nowadays. If he doesn't reimburse your deposit you can threaten to sue for 3x the deposit.

What is your monthly rent?

mind the gap
23-02-2010, 18:17 PM
Yes it does, I checked and its not showing as having received my deposit.

The fact that he has said that he does not know the whereabouts of the certificate is arguably an admission that you paid a deposit. If he thought you had not paid a deposit, his repsonse to your query would surely have been : 'There is no certificate becasue you never paid me a deposit'.

THe LL will also struggle to claim you did not pay it if the TA makes specific reference to it. You could argue that it is highly unlikely that he would have allowed you to begin the tenancy without paying the deposit mentioned in the TA.

If you can produce any documentary evidence - even of a cash withdrawl for that amount at about the right date - your case is solid. How did you pay?

Good luck.

leeg
23-02-2010, 18:19 PM
I posted the story on another thread but basically it was initally through an agent but the landlord approached me after the end of the first AST and asked me to tell the agent that we were moving out so he could stop paying them fees. Then we signed a new AST with the landlord directly.

We paid the deposit directly to the landlord, but if I dont have a receipt (and I dont actually recall getting one) then how can I prove I paid it? (although as I said I could show it through bank statements.

My monthly rent is £1000 ie I paid a month's rent as deposit.

Edit - sorry posted before the last reply. I paid through bank transfer so could show I paid it through bank statements. It was also only a phone call so I have no evidence that he actually said that.

mind the gap
23-02-2010, 18:23 PM
I posted the story on another thread but basically it was initally through an agent but the landlord approached me after the end of the first AST and asked me to tell the agent that we were moving out so he could stop paying them fees. Then we signed a new AST with the landlord directly.

We paid the deposit directly to the landlord, but if I dont have a receipt (and I dont actually recall getting one) then how can I prove I paid it? (although as I said I could show it through bank statements.

My monthly rent is £1000 ie I paid a month's rent as deposit.

OK, your LL took the deposit and should have protected it. The agent is out of the picture, which is good.

You are asssuming your LL will either deny having received it, or refuse to refund it. Why do you think this will happen? You have proof you transferred the money. You are on safe ground, whatever he claims or does not claim. Stop worrying!

If he refuses to return it (for whatever reason), come back to the forum and we can suggest a template for the letter you should send to your LL asking for your deposit and explaining what you will do if he does not return it. It may not come to that!

JK0
23-02-2010, 18:23 PM
Oh I remember you now. I think this is an example of why it is never a good idea to get into bed with thieves.

Sorry, can't give further advice on a public website.

leeg
23-02-2010, 18:35 PM
Thanks for the advice, and perhaps I am being a bit paranoid. Unfortunately I get nervous when it comes to deposits having had most of them taken off me in the past.

I like to think I'm a good tenant, and treat places with respect and as though I own them. I always get a professional clean done at the end of the tenancy and try to put things back to the condition they were in when I moved in. I have no problems paying for things I've broken or lost. However in the past I've not checked places like this to find out my rights. For example I once paid £300 for replacement of new lino in a kitchen because there was a 1cm purple mark on it which was caused when a cheap plastic bag placed next to the radiator melted and bonded to the floor and couldnt be removed through cleaning. I paid for the cleaning first, and they couldnt get it off, so paid the full cost for the replacement and fitting. I'd lived there for 3 years and the lino was already 10 years old when I got there! I know realise I shouldnt have been liable for the full amount.

In summary, I just want to protect myself in case the worst happens!