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Hello there

We moved into our house on 30th March last year, and had agreed we would pay our deposit incrementally, with the last payment being 11th August last year. The total amount was £1900 deposit.

This year, the landlord wanted to increase our rent from £950 to £1250, so I told him to forget it, and handed in my notice to terminate my tenancy. I have asked him several times to secure the deposit over the last year, via the estate agent. I was constantly fobbed off saying it would be done soon.

So yesterday, I contacted the estate agent saying that I had been in touch with all 3 deposit agencies (I know there are 4 now, but there were only 3 when he should have secured it) and had been advised it wasn't secure.

He finally told me that in the end, the landlord held the money, and that I would get it back within 10-14 days of leaving the property.

I requested he return it immediately, reminding him of the legal consequences, including the fine of 1-3 times the deposit. He point blank refused and said I would have to wait until after we move out.

I was advised by shelter that the best course of action would be to fill in an N208 and start proceedings that way. I was also advised that even if he did return the deposit, I could still take him to court for non compliance.

So I have a couple of questions really.

 

1) Does the fact that the deposit was paid over half a year affect this?

2) Can I still claim for non-compliance if he returns the deposit after I leave?

3) If I do start proceedings with an N208, what are the real costs for the hearing? I've read a lot of conflicting information regarding this on this internet.

 

Any help would be much appreciated.

Thanks

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1) No, if the deposit was paid in instalments by agreement then this should not make any difference.

2) If the deposit is returned in full and within a reasonable time, then I can't see how any claim could then be justified.

3) Court fees are determined on a sliding scale according to the amount being claimed, and are slightly cheaper if filed online. You only qualify for a reduction or waiver of fees if you are on certain benefits, or at the Court's discretion. Deposit cases are not small claims and therefore the winner could claim costs in addition to the claim itself, so you need to be quite confident of your claim before filing any forms.

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The following may not be good legal reasoning, but it is my personal feelings:

Before we moved into the property, I was in the armed forces, leaving, and had very little time to find a property and save up for a deposit etc.

The royal british legion were going to hold a bond equivalent to the deposit amount. They quite often help serving and ex-serving personnel like this.

However, the landlord refused this, saying he wanted it protected under a scheme of his own choosing. I needed £1900 fast, and so I had to sell my (quite nice) car quickly and buy an ancient heap of junk.

I reminded him plenty of times throughout the year that it needed protecting, but he didn't bother. That's a bit of a slap in the face to say the least.

It's not like this guy forgot. In fact it took a lot of questioning to finally get him to admit it wasn't protected. It's outright lying and deception

 

I feel that if landlords constantly abuse and flout the laws designed to protect tenants, without being punished, then they will never improve.

Also, according to a phonecall I had with shelter, there is still a legal claim for compensation due to non-compliance of the legislation.

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You can claim for non-protection of the deposit for up to 6 yrs after end of T.

You cannot force LL to return deposit before end of T and must allow time for subs property inspection and notification of any T attributable damage. I believe the Regs allow 10 working days for this. If LL does not return deposit after agreed deductions, you would have to go to Court for deposit return (SCC). LL would countersue for T damage.

Non-protection is a seperate, potentially expensive, seperate matter.

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  • 3 weeks later...

Hi there, apologies on resurrecting an old thread, but there have been some advancements in the plot.

I officially handed over the property on 15th May, having it inspected by both the landlord and the estate agent. They agreed the house was in good condition, except for the kitchen which the cleaning company I had paid neglected to clean properly. I then cleaned the kitchen myself.

I was told on the day that I would receive the deposit back in full (£1900) early the next week (beginning 20th May). By Thursday I had still not received anything, so called the landlord to remind him. He said it would be in my account the next day.

The next day, I received just £900 into my account. I sent the landlord a text message asking him to confirm how much he had deposited. He replied with "Hang On". He didn't get back to me, so I sent another text to him this morning asking him to confirm. His reply was "Hi. Please bear with me, I've been tied up. But 'll come back to you soon".

I feel he just stalling for time, and may not possibly have the time. The house we rented is now up for sale as he cannot find new tenants for the rate he wants.

Would it be best to sent him a letter before action now, informing him that I intend to pursue for breach of section 214 of the housing act (non-compliance for securing the deposit) and failing to return my deposit in full with no explanation of any deductions?

Thanks

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Just send LBA for return of deposit as promised.

As explained, non-protesction is a Part 8 claim which will cost you ~£1500 in up front court fees. You have 6 yr after end of T to bring a non-protection claim. I assume you would like your £1000 back asap foc.

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