Problems to get deposit back

[stephanie.c]

Hi there !

 

I got so many troubles with the landlady who rents the flat where I'm living. Indeed I gave her a deposit when I moved in, in cash exactly the same day she gave me the key and I want to leave at the end of august so I warned her about my moving out and she replied me that she'll give deposit back only via bank transfer on UK bank account ( I'm french and I don't have ). The problem is that she wants to do this transfer 14 days after I left the flat and give her back the key, but I don't trust her because she created a lot of troubles since I'm here and I know she's trying to find a way to keep my money. Moreover I signed a contract that she signed also and it's not written on it that only UK bank account transfer are allowed for deposit returns and that's non negociable. Please help me, I'm french I don't know my rights and I'm really scared that to never see my money again. I would like to meet someone from a kind of consumer association or Tenants protection association. Does someone can tell me a phone number, address or website please? Thank you in advance.

 

Best

 

Stephanie

[raydetinu]

The LL must put or insure the the deposit with a TDS scheme provider and she must give you details of this within 14 days of you paying the deposit. If she has not done this she liable to pay 3x the deposit amount to you.

Write to her and ask for details of the TDS scheme. The sheme pprtects you in case LL deducts unreasonable from the deposit for repairs etc. and non payment of the deposit back to you. I dont think you can insist on cash; check on draft is quite usual, unless put in the agreement in the first place. First thing to sort out if the deposit is protected.

[Planner]

Do you live with your landlady?

 

I believe theres a charge to pay money into a none UK bank account, could you offer to pay that? (I know one of the Tenancy Deposit Schemes Charges about £26).

[stephanie.c]

Hi everyone!

 

Thanks for you answers. Concerning TDS csheme provider details I don't really know if I have it, I've a contract with a paragraph on the deposit written on it. I can show you if you're agree.

I don't live with her, fortunately ! I don't get this story of 26£ of charges, what does that mean ? I 've to pay 26£ cause I'm foreigner ? ( so unfair, I never gave her deposit or rental in euros...). The only problem I've is those 14 days of wait she asked to me. My deposit was expensive and I'll need my money when I'll leave the flat cause I'll move in another flat so I'll have to give another deposit and I'm not multimillionaire. Moreover I'm affraid that she makes opposition to a transfer or a cheque once I'll give her back the key. Is there a kind of association that I can meet?

 

Thanks again.

 

Stephanie

[Kentish Lass]

Firstly, if you are renting a flat and not sharing with the landlady, you have an Assured Shorthold Tenancy agreement.

 

When did you sign the agreement?

 

How long is the term of the tenancy?

 

Under the regulations, your deposit should be protected in one of 3 government schemes and you should be notified of the details within 14 days of paying the deposit. It seems you were not notified and I suspect that your deposit has not been protected.

 

To establish whether it has been, and under which scheme - telephone them. Here are the numbers.

 

DPS 0870 707 1 707

TDSL 0871 703 0552

TDS 0845 226 7837

 

They will want details - e.g. the address of the property, your name, maybe the Agent (if there was one) and the Landlord's name, so have them ready. If you find out which scheme, ask for the details of how you go about getting your deposit back. Your landlord cannot simply keep the deposit if it is in a scheme - she has to prove why she should keep it.

 

If you discover that the deposit was NOT protected, you write to your landlady and tell her that unless your deposit is returned to you, in full on the day you leave, you will sue her for the deposit, + 3 x deposit penalty for non compliance with the Deposit Protection legislation. This is not a difficult procedure, but hopefully it won't come to that as this can sometimes have an amazing effect on landlords and the deposit may suddenly appear!

 

If you are in any doubt about the above, contact your local CAB (Citizens Advice Bureau) or your nearest branch of Shelter. The adresses of both should be in your local telephone directory. Both of these organisations can advise you and will be very helpful.

 

Good luck.

[Planner]

I don't live with her, fortunately ! I don't get this story of 26£ of charges, what does that mean ? I 've to pay 26£ cause I'm foreigner ? ( so unfair, I ever gave her deposit or rental in euros...).

 

No. Not because your a 'foreigner', but because you want an amoutn of money paying to a none UK bank account. If I (being British) wanted to transfer money to or from a foreign bank account I would alo have to pay. I believe this is pretty standard for every bank in the world. The £26 that DPS charge is a good indication of what your Landladies bank might charge. You shouldnt expect this service for free.

 

hether or not you paid your deposit in Euros isnt relevant (apart from you might take a hit on the exchange rates).