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My landlord hasnt protected my deposit, and advice appreciated!


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Hi everyone,

 

This is my first post, so please be gentle with me.

 

My partner and I have been living in our current property for just short of 6 months and we have an AST, we will be leaving the property next week, purely because the landlord refuses to carry out essential maintenance to the house, and also because it is the end of our 6 month tenancy term.

 

That aside, he has not protected our deposit in any scheme, for which I have email confirmation from the 3 different schemes.

 

It was only when I contacted an advice service in regards to the repairs that I found out this was against the law, and that we have a right to claim against him. However, I was told that the chances of success arent as high as they should be, as landlord's can protect deposits in the time between being issued court notices, and an actual court date.

 

Being almost at the end of our tenancy, I feel that the coming weeks would be the appropriate time to claim, would anyone be able to advise on how I go about this, and what (if anything) I can do to help my chances of success in this type of case?

 

Thanks so much for taking the time to read this.

 

Amy (and family)

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Hi and welcome to the CAG forums.....i'll move this thread to the landlords and tenants section, where hopefully you should get some more advice/comment...

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

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Hi everyone,

 

This is my first post, so please be gentle with me.

 

My partner and I have been living in our current property for just short of 6 months and we have an AST, we will be leaving the property next week, purely because the landlord refuses to carry out essential maintenance to the house, and also because it is the end of our 6 month tenancy term.

 

That aside, he has not protected our deposit in any scheme, for which I have email confirmation from the 3 different schemes.

 

It was only when I contacted an advice service in regards to the repairs that I found out this was against the law, and that we have a right to claim against him. However, I was told that the chances of success arent as high as they should be, as landlord's can protect deposits in the time between being issued court notices, and an actual court date.

 

Being almost at the end of our tenancy, I feel that the coming weeks would be the appropriate time to claim, would anyone be able to advise on how I go about this, and what (if anything) I can do to help my chances of success in this type of case?

 

Thanks so much for taking the time to read this.

 

Amy (and family)

 

You need to firstly sent a Letter Before Action to the landlord stating that unless he protects or returns the deposit within 7 days you will start a court order requesting the same. And also mention that if the judge orders the protection or return of the deposit, he will also order a penalty of 3x the deposit in your favour. There are example letters on this site.

 

Then, if the Landlord protects or returns the deposit, you'll get your money back. If he doesnt, you need to lodge a claim for return of your deposit plus the 3x penaltly.

 

Kapish?

 

PS I presume your rent is less than £25k on an annual basis (or 12.5k on a 6 monthly basis)? And that you live in England or Wales?

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Hi DT,

 

Thank you for the advice. Our rented acommodation is in England, and we pay £575 per month, and paid a total deposit of £870.

 

Is a letter asking him to protect the deposit strictly appropriate? I wont raise this issue with the landlord until the tenancy has ended, and we see if we are returned any deposit at all, (to save the risk of submitting an incorrect claim form).

I will certainly inform him of the potential outcome of a court order in writing.

 

I have to say at this stage, a simple return of our deposit, although it would be a relief, would not satisfy me.

 

The landlord has treated us, and the property very badly, refusing to do essential maintenace works on the gas and electrics. And it seems that I have no other chance of holding him to these issues, as my local council tenant support team are very unwilling to support any persual of landlords shirking their responsibilites.

I would also like to add, that had it not been for this treatment, we could have spent many happy years in this property, paying him quite probably, over the odds in rent.

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You mention gas and electrics - were you given a gas safety certificate at the beginning of the tenancy (or at any time since?)

 

If not, you can report him to the health and safety executive who take a very serious view of this - he would be liable to a large fine and possibly imprisonment.

 

By the way, you are probably right in waiting to see if your deposit is returned to you before actually taking any action. If it is, despite his not protecting it, you would be unlikely to succeed in a prosecution. This makes a total nonsense of the deposit protection scheme!!

 

This legislation is extremely badly drafted and open to different interpretations depending upon who the judge is.

Kentish Lass

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

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Hi Kentish Lass,

 

We have had neither a gas or electric saftety certificate, and we have asked on more than one occasion for an electrical safety certificate, as there are exposed wires in one bedroom, and a bedroom with 3x double sockets, of which all are loose and none work. In addition to the double socket in the 3rd bedroom that has never worked.

 

How do I contact the health and safety executive, and what exactly are his responsibilities in terms of providing us as tenants proof of gas and/or electrical safety?

 

When approached on this issue, the landlord has been very rude, stated that the house is safe even though he cant prove it, and then proceeded to hang up on me.

 

Thanks for bringing this to my attention, and for the help :)

 

Amy

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