Landlord withholding deposit

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  • Landlord withholding deposit

    Hi,

    I moved out of my flat 3 weeks ago and I have not received my deposit back yet.

    Details:

    1. The landlord requested I send evidence of my utility bills being transferred to new address - which I have done. (although I do not believe it is a contractual obligation to do so).

    2. No formal 'checkout' was completed. Landlord said he would look over the inventory and then return the deposit.

    3. The contract states that deposit will be refunded within 10 days once:

    Possession returned
    Keys returned
    Both parties confirmed any deductions
    Confirmation no housing benefit clawback due (not applicable)

    4.The deposit was protected but the protection lapsed (insurance based). The agent, according to the LL, never paid him the first months rent and deposit. The agency went bust during the tenancy.

    5. The landlord is not responding via phone/text.

    What is my next step? I know it needs to be in writing, any guidance greatly appreciated on time scales I should impose on the LL, how to claim via court and any specific advice relating to point 4.

    Thank you

  • #2
    Look at the website where your deposit is registered as they will still send it to you should the agent have gone bust. Also details about how it is returned should be on there as well. Look at other posts too where there are similar situations
    The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

    Comment


    • #3
      As it was an insurance based scheme (why they allow these I do not know) they do not have the physical cash.

      Comment


      • #4
        Originally posted by Micky View Post
        As it was an insurance based scheme (why they allow these I do not know) they do not have the physical cash.
        When you open a dispute, the scheme asks the LL to lodge the cash with the scheme. If the LL fails to do this, then the scheme will pay you instead.

        Contact the scheme immediately.

        Comment


        • #5
          Originally posted by Micky View Post
          As it was an insurance based scheme (why they allow these I do not know) they do not have the physical cash.
          If you knew how the system works you would know that it is irrelevant to the parties ability to claim.
          The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

          Comment

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