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Landlady not returning deposit is rediculous


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Hi i wonder if anyone can give me info on my problem. Me and my friend was renting a flat and gave 1 months notice to leaving. this flat was recently purchased by the landlady in question. Now we were renting this flat through a company called PMC which went bust and passed our flat to McAfee just before our ex landlady purchased the flat. Now at the time of the flat being moved from PMC to McAfee and the buying of the flat by our ex landlady no one inquired about the deposit. i.e when our ex landlady bought the flat she never bothered (even thought she was warned by McAfee) getting the deposit from the bankrupt company.

Anyway now our ex landlady has the neck to refuse us our deposit because she doesn't have it (or didn't bother to get it on purchasing) Now might i add that she is saying that the place was left untidy and the carpets were bad which i can assure is not true as we cleaned the place from top to bottom...and also might i add the landlady has never been in the flat (even though we had arranged for her to come inspect the flat on purchasing but she never bothered) to even know what the carpets have been like and i assure you them carpets have been in there since BC!

At the end of the day she cannot with hold this deposit on that ground as she never was in the flat in the first place. might i also add that our deposit was not entered into the new deposit protection scheme as we started renting before this came into the matter. any advice is welcomed and thank you in advance

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A bit more information please;

Date you started renting flat:

did you sign any contract ( AST ) and for how long for.

date you left and was this after the contract finished, if you did as it is a bit confusing as you say you are still there with a new LL??

Deposit should have been protected in a scheme from April 2007; new rules came in force in April 2012.

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Hi, Date when me and my flat mate started renting the property under this LL was 8th aug 2013. there was no AST. we left on the 8th Aug 2014 after giving 1 months warning. On this contract which we all signed it is stated that on 8th aug 2013 a deposit was received and that on canceling the contract the deposit will be returned. either way this is a legally binding document which she cannot back out of? i cant see her winning if we take her to small claims court and we intend to do so. thanks for your help

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No contract can circumvent the requirements of an AST; for the protection of tenants.

Deposit must be protected, if not must be returned in full, and you can sue for compensation ( Localism Act ).

However LL can countersue for damages which they would have to prove and be subject to fair wear and tear.

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