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By (user no longer on site) OP
over a year ago
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Our current landlord hasn't put our deposit into the deposit scheme as is legal requirement we are moving out of the property very soon and we aren't sure where we stand with getting it back? Anyone else been through this? |
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Have you asked him? He may just have it in the bank, if all else fails you may have to pursue him through the small claims courts.
I would certainly advise taking lots if pics to show how well you've looked after the property, just in case he claims to be withholding your deposit in lieu of damages. |
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By (user no longer on site)
over a year ago
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It's a legal requirement of the landlord to put the deposit into a scheme, seek legal advise as you can take the landlord to court and receive up to 3x the amount of deposit, I'm sure this is still correct, if not I'm sure someone will correct me if I'm wrong  |
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I had a landlord that did this I didn't pay the last months rent so got my months deposit back, I'd advised against it but I had tried to reason with him took pictures and everything was as I left it..,he was just a dodgy fucker |
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By *bi HaiveMan
over a year ago
Forum Mod Cheeseville, Somerset |
To quote the government website:
"Your landlord must put your deposit in a government-backed tenancy deposit scheme (TDP) if you rent your home on an assured shorthold tenancy that started after 6 April 2007."
So assuming you have an AST and moved in after that date he's in breach of the law.
A |
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By *bi HaiveMan
over a year ago
Forum Mod Cheeseville, Somerset |
"It's a legal requirement of the landlord to put the deposit into a scheme, seek legal advise as you can take the landlord to court and receive up to 3x the amount of deposit, I'm sure this is still correct, if not I'm sure someone will correct me if I'm wrong "
Yep!
"If the court finds your landlord hasn’t protected your deposit, it can order the person holding the deposit to either:
repay it to you
pay it into a custodial TDP scheme’s bank account within 14 days
The court may also order the landlord to pay you up to 3 times the deposit within 14 days of making the order."
A |
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"It's a legal requirement of the landlord to put the deposit into a scheme, seek legal advise as you can take the landlord to court and receive up to 3x the amount of deposit, I'm sure this is still correct, if not I'm sure someone will correct me if I'm wrong
Yep!
"If the court finds your landlord hasn’t protected your deposit, it can order the person holding the deposit to either:
repay it to you
pay it into a custodial TDP scheme’s bank account within 14 days
The court may also order the landlord to pay you up to 3 times the deposit within 14 days of making the order."
A"
Haha we were on the same page saved me typing lol |
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By (user no longer on site)
over a year ago
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"I had a landlord that did this I didn't pay the last months rent so got my months deposit back, I'd advised against it but I had tried to reason with him took pictures and everything was as I left it..,he was just a dodgy fucker "
Been there, done that 
Less hassle all round |
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By *bi HaiveMan
over a year ago
Forum Mod Cheeseville, Somerset |
"It's a legal requirement of the landlord to put the deposit into a scheme, seek legal advise as you can take the landlord to court and receive up to 3x the amount of deposit, I'm sure this is still correct, if not I'm sure someone will correct me if I'm wrong
Yep!
"If the court finds your landlord hasn’t protected your deposit, it can order the person holding the deposit to either:
repay it to you
pay it into a custodial TDP scheme’s bank account within 14 days
The court may also order the landlord to pay you up to 3 times the deposit within 14 days of making the order."
A
Haha we were on the same page saved me typing lol "
Typing?? 
A pure cut and paste job! 
A |
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By (user no longer on site)
over a year ago
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My previous landlord tried to diddle me out of part of my deposit. He hadn't put it into a deposit scheme and thought he would just give me back however much he felt like.
I explained to him that deposit schemes are legal requirements and the possible consequences for him should I take it further. He backed down straight away. I think they often assume people don't know their rights in such situations.
What he did is illegal and if you show you know that, he won't have a leg to stand on if he tries anything! |
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By (user no longer on site)
over a year ago
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"It's a legal requirement of the landlord to put the deposit into a scheme, seek legal advise as you can take the landlord to court and receive up to 3x the amount of deposit, I'm sure this is still correct, if not I'm sure someone will correct me if I'm wrong "
You are very correct and there is no defense in court either x |
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By (user no longer on site)
over a year ago
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"It's a legal requirement of the landlord to put the deposit into a scheme, seek legal advise as you can take the landlord to court and receive up to 3x the amount of deposit, I'm sure this is still correct, if not I'm sure someone will correct me if I'm wrong "
You are very correct and there is no defense in court either x |
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"It's a legal requirement of the landlord to put the deposit into a scheme, seek legal advise as you can take the landlord to court and receive up to 3x the amount of deposit, I'm sure this is still correct, if not I'm sure someone will correct me if I'm wrong
You are very correct and there is no defense in court either x"
"It's a legal requirement of the landlord to put the deposit into a scheme, seek legal advise as you can take the landlord to court and receive up to 3x the amount of deposit, I'm sure this is still correct, if not I'm sure someone will correct me if I'm wrong "
Court if necessary but will be a pain. I work in Housing and find in most cases the threat of court will get him to cough up  |
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