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Letting agent pays into Deposit scheme after tenent moved out

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I have been staying at a property for about 3 years now and have just moved out end of last month.

There is a dispute on the return of the deposit due to the claims of the landlord to paint the whole house and pass half the cost to us when we moved out. The house was not newly painted when we moved in 3 years ago. And our justification its just a normal wear and tear and it seem like he is trying to pass the cost for re-painted 'old for new' on his property.


Since we raised the issue of dispute, only then we realised our monies was not deposited into any scheme.

Then a few days ago the letting agent had deposited our monies into the Deposit scheme and back-date to month we moved in.


Can we demand for our deposit as, there was a breach of law not to deposit our monies into a deposit scheme within 30 days, 3 years ago?

What is the implication now, that he has deposited our monies into the scheme?


If our monies are in the deposit scheme, and we were to go to court, will we be paid compensation?




Thank you for your reply

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At one time, the law allowed this action.


Now it does not.


One option would be to use the free resolution service to try and recover your deposit. It is possible that the deposit company will realise what has gone on and duck out of the process, though.


Taking this action should not preclude you from later taking action for failure to protect the deposit in time. However, suing for failure to protect a deposit is expensive to initiate which is why it might be worth trying the first option first.

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