Tenancy ended a month ago - Landlord gone AWOL - We need our deposit!

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    Tenancy ended a month ago - Landlord gone AWOL - We need our deposit!

    Hi there

    My partner and I left our flat almost a month ago and have still had no report back from our Landlady regarding the deposit. She said she was 'out of the county' until further notice and has no internet or phone connection where she is?

    This lady is slightly psychotic and threatened to take away all our deposit before we moved out due to general wear and tear i.e slight mark on wall etc. However, my partner and I did not sign and return a tenancy agreement when we entered the flat which means she has no rights when taking money off our deposit and we believe this is why she is gone AWOL. She knows she won't win so is holding it back from us for a long as possible.

    Please can someone let me know what our rights are? What happens if we cant get hold of her again - how do we get our deposit back? It is being held with DPS.

    Thanks

    #2
    See the link below.

    http://www.depositprotection.com/hel...end-of-tenancy

    Comment


      #3
      Originally posted by sorchaedwards View Post
      However, my partner and I did not sign and return a tenancy agreement when we entered the flat which means she has no rights when taking money off our deposit and we believe this is why she is gone AWOL. She knows she won't win so is holding it back from us for a long as possible.
      This is not correct.

      When your deposit was protected you should have received a document called the Prescribed Information which gives information about where the deposit is and how to get it back.

      I don't know of many places on the planet where there is no internet or phone connection.
      When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
      Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

      Comment


        #4
        Contact the DPS to explain what is happening and ask for their advice.

        Comment


          #5
          Not signing a TA does not provide any protection for you re deposit.
          Did LL protect Deposit in Custodial or Insurance-based Scheme?
          You should be able to make a Single Claim with Scheme after ~ 1 month.
          Ask the Scheme for details. They should be able to contact LL

          Comment


            #6
            What is the difference beween custodial or insurance based?

            Comment


              #7
              is this 1 month after tenancy ends?

              Comment


                #8
                If a landlord takes a deposit and there is nothing to record what it covers on what basis does the landlord have a call on the deposit?

                Comment


                  #9
                  Originally posted by Lawcruncher View Post
                  If a landlord takes a deposit and there is nothing to record what it covers on what basis does the landlord have a call on the deposit?
                  Three bases (other than court).
                  With the tenant's agreement.
                  After agreeing to binding ADR
                  Signed PI which references the tenancy agreement (less certain).

                  In this case, we don't know what the TA does or doesn't say, the tenant is relying on the absence of a signature to render the whole thing void.
                  When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                  Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                  Comment

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