Unsecured Tenancy Deposit

[b00na]

Hello there,

 

Im reaching out for a little bit of advice.

 

We are going back a little bit, January 2013 to be precise when myself and my partner moved into a small property in Cornwall. We paid a £500 deposit to the landlord who confirmed that the deposit would be refunded on completion of the inspection/hand over of keys etc.

 

Now being fairly young and nieve we weren’t aware of the DPS and just thought that the deposit was managed by the landlord and was up to them to do what they would like, that was until he refused to return our deposit. At the time we did some digging and soon found out about the DPS and that our deposit should have been helpd in a DPS within 30 days, something that they did not do – I had checked with all of the relevant deposit schemes all of whom had no information of a deposit for the property we were renting.

 

As im sure you can appreciate, being young and understanding the legal jargon behind the DPS and being faced with court, we decided that we should just potentially leave it and move on. That said the way we were treated by the landlord has always stuck with us and we feel it’s only right to persue matters now that we are a little more clued up.

 

The agreed duration of our tenancy was 3 months however no contract was provided or signed although we do have email traces where the landlord agrees to our conditions, and have full proof of payment of the deposit. Upon vacating there was further correspondence by email where we asked the landlord for our deposit back but then refused, stipulating that that property was left dirty (something which we dispute) and that was cause along with excessive internet charges (£80) which we were never informed of at the beginning of our tenancy.

 

In short, would I be right in saying that the landlord by LAW regardless of how the property was left, or the duration of our tenancy, should have still placed the deposit in a DPS and that we should in-fact continue to persue matters and refund of our deposit?

 

TIA

[Steve__M]

Assuming you were living in self-contained accommodation without the landlord, the deposit should have been protected.

 

You can pursue just the return of the deposit through the courts. It will be a "small claims" claim so relatively straightforward. Landlord would need to prove his deductions were valid.

 

Or you could pursue a claim for failure to protect the deposit. This is more expensive, so I understand. Failure to protect the deposit should require landlord to return the deposit and additionally a sum of money between 1 and 3 times the deposit (up to the judge to decide how much). This would not prevent landlord suing you if he thinks he is entitled to costs for cleaning/internet.

 

You can start by threatening the latter in the hope that landlord coughs up to avoid the 1-3 times "fine".

[b00na]

Hi Steve,

 

Many thanks for your response.

 

Your opening statement is correct, it is self contained and the landlord resided elsewhere. HAving posted elsewhere about this particular issue we are facing someone has mentioned that the LL may try and play the 'Holiday Let' card, as there is no signed agreement. I have managed to find the original estate agent posting via a property website which clearly states a winter let - would this have mattered anyway, after all we are still parting a sum of money to a private landlord? I also have all relevant proof of the deposit being paid.

 

To be honest, we'd just like our deposit back, anything else would be a bonus, however I do believe that it would be his word against ours in reference to the cleanliness of the property and the broadband bill as again nothing was ever provided in writing, nor was an inventory completed in order to reference against.

 

Thanks again

[mariner51]

How long was your occuoation? ie when did you hand keys back?

Your only recourse it to sue LL for full depost via SCC/MCoL.

[b00na]

Hi mariner,

 

Thanks for your input, greatly appreciated.

 

We occupied the house for just a little over 2 months.

 

Regards

[mariner51]

So you did not enter into an AST, more likely a Contractual Agreement. Deposit protection isonly required for AST.

As said before, if you want your mon back, send LL a 'Letter before Action', requesting return of your full deposit within 14 days to avoid possible further legal action. Then proceed as nec. but don't make empty threats.

[Steve__M]

If you are in any doubt as to the status of the contract, this still doesn't stop you pursuing return of the deposit.

 

It's not a case of his word against yours. He needs to have evidence that you owe him the money that he is withholding.

[Steve__M]

PS my understanding is that this type of agreement would be deemed to be an AST if it were your main residence. But iamnotalawyer.

[mariner51]

OP, what was the purpose of you renting for just 2 months?

[b00na]

PS my understanding is that this type of agreement would be deemed to be an AST if it were your main residence. But iamnotalawyer.

 

It was indeed our only property, we moved down from liverpool to reside here

 

OP, what was the purpose of you renting for just 2 months?

Well it was due to be 3 months but that aside, I'd basically been given a job down here in Cornwall, the main purpose was to reside here whilst alternative housing/accommodation was sought. Luckily we didn't require the full 3 months as we'd found a property in our desired location - the LL was well aware of our intentions and even stated the following, "he also thanked me for giving you a good start in Cornwall by letting you have the cottage", this to me would be an admission that he knew it wasn't for a holiday, but I guess that would be an assumption?

 

TIA