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Help!

 

I am moving out of a property tomorrow after a nightmare year.

 

I do not think our deposit is protected, I have called each government scheme at elast 3 times and none of them claim to have our deposit. I have asked the landlord on at least 50 occassions for the information and his constant reply is that his solicotor deals with all this, but has never ever been able to give us exact information. I was under the impression that eve if he has registered it the fact that he hasn't given us the information is also a breech of the housing act 2004.

 

Should we take him to small claims to get 3x the deposit back. Also we are not leaving the flat completely undamaged, there was an accident with a BBQ in which the decking got a little burned. Does this affect the right for us to claim for our deposit through the small claims court?

 

Thanks in advance

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If the tenancy has ende he must return the deposit, less any agreed amount! however if he has not protected it and you should have been given details within 14 days of you handing over the deposit, you should demand it straight away or you will take him to court and the judge should give you the deposit plus 3x the amount.

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You don't say if a proper checkin inventory was carried out and agreed and signed by you at the beginning of the tenancy. If not, the LL will have a job proving any damage since he cannot prove the condition of the property at the beginnig of the tenancy.

 

Regarding the deposit, I would go for the 3x - your LL sounds like he hasn't a clue! But you cannot do it through the small claims any more.

 

I am sending you a PM.


Kentish Lass

Information given is based on my knowledge and experience and is not to be considered as legal advice

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