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Landlord not placed deposit in protection scheme
Former Member
Posts: 1,876,323 The Mix Honorary Guru
Hey so I'm moving out in a week, and landlord was talking about deposit, so I googled all of these protection scheme details and so on and am satisfied he hasn't met his legal obligations to either place it in a scheme or if he did, to inform me within 14 days with details etc.
Apparently this would mean in court by default I would get my deposit back plus 3x its value. Though it seems like a dick move to take an otherwise decent landlord to court (and win based on the simple evidence he hasn't done the following: https://www.gov.uk/deposit-protection-schemes-and-landlords/information-you-must-give-to-your-tenants) for over a grand because he hasn't complied with the law.
Main reason I'm worried is he's been saying 'ensure you clean your room thoroughly as I do not want to have to charge you to clean it' so I don't know if he's getting me ready for a rogering.
Apparently this would mean in court by default I would get my deposit back plus 3x its value. Though it seems like a dick move to take an otherwise decent landlord to court (and win based on the simple evidence he hasn't done the following: https://www.gov.uk/deposit-protection-schemes-and-landlords/information-you-must-give-to-your-tenants) for over a grand because he hasn't complied with the law.
Main reason I'm worried is he's been saying 'ensure you clean your room thoroughly as I do not want to have to charge you to clean it' so I don't know if he's getting me ready for a rogering.
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Comments
If he does that, then that is when you ask for proof that he put the money into a deposit protection scheme.....
Aye. And when he hasn't, you take him to court and get triple back.
I don't think it is a shitty thing to do at all, landlords know their obligations.
But if he tries to play silly buggers I could try to use the law and cite some successful cases in order to settle the dispute. E.g. return my deposit or I will sue you for deposit+penalty which as you will see [cite cases, .gov website] I will win by default (even if thats a fib).
It's not a huge deposit at any rate, I just know what landlords can be like and as you said, he really should have put it in a scheme.
Arctic Roll's advice is spot on - so won't repeat.
Other than to direct you and others in the same position to Shelter's articles about Tenancy Deposit Protection Schemes. There is more information there about taking court action to get a deposit back, if that is the route you chose. Although, your suggestion at citing some law at your landlord to see if they return your deposit is a great first step and in most cases would resolve the issue. I'm sure your landlord doesn't want the expense of defending any court action either. I would say put anything you say to them in writing to have a record if you need it later.
Hope this helps good luck with the move by the way!
Although, if it's any reassurance - I'd have read that email as a landlord wanting to make things as simple as possible and reminding you up front to do the cleaning rather than having to get into an argument about the deposit later.