Thread: Tenancy deposit protection - what do I do?

Hi all.
My landlord hasn't protected my deposit by the looks of things so I'm looking for some advice regarding court action.
Some background info:
I moved into the house in June 2005 with a housemate. I signed new ast contracts every 6 months or so. The latest contract was signed Sep 11 07 (runs out March 10th 2008.)
There was no info given to us when the latest contract was signed about the deposit being protected and there's been no info since.
I rang the 3 deposit protection schemes and asked if my deposit was with them and they all said no (one has confirmed in writing)
I emailed the letting agency and asked if the deposit was protected. they haven't replied.
We move out next weekend but the contract runs out march 10th.
What's my next step?
Do I clean the house until its sparkling and hope I get my £625 back minus costs of professional cleaners (one of the terms of contract)
Do I move out having done no cleaning and let landlord keep chunk of deposit for cleaning and then take court action?
Do I start court proceedings now?
Do I wait until I move out to start court proceedings?
Do I get more proof in writing first from the letting agency or deposit schemes that the deposit wasn't protected?
If the deposit was protected can we still take them to court for not telling us within 14 days of signing the new contract?
Am I reading things right or can we really claim the full £625 and 3 x £625 regardless of the state of the house/inventory disputes? Would be great if we could.
Should I get a solicitor involved or can I do things myself using the template letters on here?

Lots of questions I know but if anyone can help it'd be great! And if you need any clarification/detail please ask!

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Originally Posted by iamskiving

Hi all.
My landlord hasn't protected my deposit by the looks of things so I'm looking for some advice regarding court action. First you need to be 100% sure
Some background info:
I moved into the house in June 2005 with a housemate. I signed new ast contracts every 6 months or so. The latest contract was signed Sep 11 07 (runs out March 10th 2008.) Then it should be in TDS
There was no info given to us when the latest contract was signed about the deposit being protected and there's been no info since. Then they have fallen foul of the 14 day prescribed information "rule"
I rang the 3 deposit protection schemes and asked if my deposit was with them and they all said no (one has confirmed in writing) It looks like it hasnt then. Written conformation from the remaining 2 would be good.
I emailed the letting agency and asked if the deposit was protected. they haven't replied. Phone them
We move out next weekend but the contract runs out march 10th.
What's my next step? Sue
Do I clean the house until its sparkling and hope I get my £625 back minus costs of professional cleaners (one of the terms of contract)Professional cleaning is unenforcable. I would clean it to the same state it was in when you moved in.
Do I move out having done no cleaning and let landlord keep chunk of deposit for cleaning and then take court action? As above
Do I start court proceedings now? Why not?
Do I wait until I move out to start court proceedings? No
Do I get more proof in writing first from the letting agency or deposit schemes that the deposit wasn't protected?Yes
If the deposit was protected can we still take them to court for not telling us within 14 days of signing the new contract?Yes
Am I reading things right or can we really claim the full £625 and 3 x £625 regardless of the state of the house/inventory disputes? Would be great if we could. Your right
Should I get a solicitor involved or can I do things myself using the template letters on here?Do it yourself

Lots of questions I know but if anyone can help it'd be great! And if you need any clarification/detail please ask!

the plot thickens. Went to the letting agency today and asked if my deposit was protected. They told me to ring their other office but then said as the agency was a member of arla it would be held in their own scheme (sounds fishy to me, I thought it had to be in one of the 3 official schemes, not their own)
I rang them and they told me it wasn't protected, its just in a "secure" account. I've asked them to confirm that in writing for me. Will wait to receive it and then start proceedings. And will get the other two schemes to confirm its not with them.
Looks like I don't need to bother getting the house spotless either to start all this.
So next question is can I claim interest and when from? From the end of the 14 day period when they didn't notify me, from when I gave them the money in the first place, or from when I start proceedings against them?
(date contract signed = 11/09/2007, deposit £625)
Is there an easy way to work out the interest?
And is it an N1 or an N208 form I should use? I can only find the N1 on the courts website.
This could start to get interesting now!