Deposit not protected

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    Deposit not protected

    I have a friend who is due to move out of his rented place in a few months. He mentioned that he is worried about getting his deposit back and believes the landlord, who is very unprofessional, will try to keep it. I said it should be ok as it should be in a deposit scheme etc. He has since checked and it's not in a protected scheme, his landlord never provided him with details and additionally he has checked with all the available schemes. Also, the landlord never bothered wth gas check etc. I mentioned to him that the landlord is liable for returning 3 times the deposit if it was never protected, but in reality is this likely? I read that as long as the deposit is protected at the time of the court case then that rule wont stand up.

    What would be my friends best course of action?


    thanks

    #2
    Originally posted by jackboy View Post
    I have a friend who is due to move out of his rented place in a few months. He mentioned that he is worried about getting his deposit back and believes the landlord, who is very unprofessional, will try to keep it. I said it should be ok as it should be in a deposit scheme etc. He has since checked and it's not in a protected scheme, his landlord never provided him with details and additionally he has checked with all the available schemes. Also, the landlord never bothered wth gas check etc. I mentioned to him that the landlord is liable for returning 3 times the deposit if it was never protected, but in reality is this likely? I read that as long as the deposit is protected at the time of the court case then that rule wont stand up.

    What would be my friends best course of action?


    thanks
    You are right that if the deposit is protected (even late) or returned, the 3x penalty does not apply. Also, claiming it is risky. He could try this letter (read the notes that accompany it)

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      #3
      Deposit protection applies only to a Letting that is:
      a. an AST; and
      b. created on/after 6 April 2007.
      Maybe this case is not within those parameters?
      JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
      1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
      2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
      3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
      4. *- Contact info: click on my name (blue-highlight link).

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