Landlord not returning deposit

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    Landlord not returning deposit

    Our landlord is not returning the deposit back to us in it's entirety (he's taking £600 off)

    He's claiming it's for cleaning the flat and repairing damages when we left the flat in a better condition than we found it and there were NO damages!!

    What can we do?

    #2
    Is your deposit protected in a protection scheme?

    If so then dispute the deposit through the arbitration scheme.

    if your deposit is not protected please confirm: -

    1. The property in England or Wales
    2. The date of the first agreement
    3. The dates of any subsequent agreements
    4. The monthly rent
    PAUL GIBBS, solicitor, Jacobs & Reeves. My comments on this forum are correct to the best of my knowledge and belief. No responsibility or liability is accepted by reason of reliance upon such comments. This disclaimer would not apply to direct clients of Jacobs & Reeves where there is a valid retainer in place and I would be happy to confirm any advice if formally instructed. . Jacobs & Reeves now offer a fixed fee possession service.

    Comment


      #3
      And is it an AST? We do not yet know. Deposit Protection applies only to an AST newly-created on or after 6 April 2007.
      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).

      Comment


        #4
        It was supposed to be in DPS but he never actually put it in the scheme!

        1. Yes
        2. July 5th 2008
        3. Terminated at the end of contract (12 months)
        4. £2,300

        Comment


          #5
          £2300 per month = £27 600 per year; so it's NOT an AST at all. Deposit protection rules therefore never applied.
          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).

          Comment


            #6
            So what does that mean for poor ol' me?

            Comment


              #7
              Originally posted by Distressedtenant View Post
              So what does that mean for poor ol' me?
              That the Letting Agreement operates literally, at common law, subject only to the Protection from Eviction Act 1977.
              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).

              Comment


                #8
                Originally posted by Distressedtenant View Post
                So what does that mean for poor ol' me?
                If you dispute the £600 deducted, then you can issue a claim against the LL in the county court.

                This is easily done via Money Claim Online.

                If you've never pursued a claim before, buy a book on the small claims procedure first; there are a few on Amazon.

                Comment


                  #9
                  Cheers for the help guys

                  Comment

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