Landlords Deposits

[RASPUTINS-DOG]

Is there anything I can do if my daughters landlord decides not to give back the deposit...?

[B00]

His reasoning being?

[Buenchico]

Assuming that the tenancy commenced after 6 April 2007, the landlord must have placed the money into a tenancy deposit scheme. If your daughter's landlord fails to repay the deposit, she can raise a dispute with the relevant scheme:
https://www.gov.uk/tenancy-deposit-protection/overview
(Click through the 'Next' links for full information).

[RASPUTINS-DOG]

There doesn't seem to be a reason or at least no contact from him from the past month regarding anything....

[Retrochic]

The landlord can't 'decide' as he should not have the Deposit, The Deposit protection Service should have it. She must claim it back from them and then the DPS inform the landlord, who will have the chance to deduct anything for damages (but will have to have photographic proof of before and after) . We are in the middle of claiming back damages from a tenant who left one of our properties in a huge mess, the DPS handle everything and their decision is Law.

[themas]

If it was an assured shorthold tenancy the deposit must be protected in one of three schemes and information about that given to the tenant. There are detailed legal rules about how this is to operate. If there is a dispute about whether the deposit is to be returned the scheme should mediate. If the landlord did not protect the deposit your daughter can issue a Court claim and he can be penalised up to three times the amount of the rent.

Your daughter needs some advice about this from people who know about the rules and procedure. She could go to the local CAB or ring the Shelter helpline.

[Peter Pedant]

I would send a final demand for the deposit
and then follow up with a small claim done by you or her ( but NOT a lawyer )

easy peasy - in fact she should find out but it is not important whether he can defend without having put the money in a deposit scheme
( he certainly is barred from suing )

this advice is dependent on him NOT using a deposit scheme
if he has then use their internal procedure

[zebo]

We went through Small Claims but that was before the deposits scheme, it was easy, the court found in her favour as the agent didn't turn up and we got the money back plus the costs, then about £20.

[Sqad]

What a fabulous best answer.

[murraymints]

tee hee Sqad xx

[LauraTudhope]

You should read over her tenancy agreement specifically the part talking about the deposit. In an ideal world it is a requirement of the landlord to discuss it with you within a fortnight of the end of the tenancy.

If in dispute, what the tenant must do. In basic English, it is: A deposit held by a Government Regulated Custodian or kept by the Landlord and backed by an insurer. Conflict of interest is avoided as at the end of the tenancy both the landlord and tenant must agree what is fair wear and tear, what is negligent wear and tear and what is allowable under the terms of agreement. Custodial Scheme (FREE): The deposit is handed to a Government backed, custodial third party and held in a safe bank account. At the end of the tenancy and there is a dispute, the third party will hold the deposit until agreement by the landlord/tenant or by the court. • It is free as any interest earnt will pay for the running of the scheme and any extra will be paid back to either the landlord or tenant. Insurance Based (you pay a premium as insurance): • The deposit is paid to the landlord. • The landlord retains the deposit and pays a premium to the insurer. The schemes available are: The Dispute Service – www.thedisputeservice.co.uk Deposit Protection Service – www.depositprotection.com

Hope this helps you!

[RASPUTINS-DOG]

Hello...
I would just like to thank everyone who responded with much detailed answers to my question....
The landlord finally returned my daughters deposit in full..
Thank you....