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Landlord not placed deposit in protection scheme

Former MemberFormer Member Posts: 1,876,324 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.

Comments

  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    ShyBoy wrote: »
    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.

    If he does that, then that is when you ask for proof that he put the money into a deposit protection scheme.....
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    Whowhere wrote: »
    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.
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    The law changed last year, it is now that the deposit has to be protected within 30 days and if he doesn't you can sue him in the county court. The amount is discretionary between one and three times the value of the deposit. It can be awkward to recover this money once your tenancy has ended so you will need to act quickly.

    I don't think it is a shitty thing to do at all, landlords know their obligations.
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    Well the tenancy ends in 3 days or so, also I don't have the available money (or time / mental-emotional-perseverence) to start a county court case now, so that might be difficult.

    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.
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    Hey ShyBoy,

    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!

    :)
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    As ever Arctic is spot on.

    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.
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