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Thomas
Thomas, Lawyer
Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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I need to find a solicitor who deals with tenants. I rented

Resolved Question:

I need to find a solicitor who deals with tenants. I rented a property from a Landlord and I am still waiting for my deposit to be returned. We gave back the property on the 5th August and I have since discovered that my deposit has not been protected with the 3 different DPS schemes. I gather that this is also illegal.
Submitted: 4 years ago.
Category: UK Law
Expert:  Thomas replied 4 years ago.

Hi,

 

I assume that your mean £200+Vat per hour.

 

Can you explain the reference to "3 difference schemes" a deposit taken under an assured shorthold tenancy at under £25k pa need only be protected in one such scheme?

 

Are you certain the deposit has not been lodged in one of these schemes?

 

Tom

Customer: replied 4 years ago.
Sorry, yes I do mean £200 + Vat per hour.

There are 3 deposit Deposit protection schemes.

1 The Deposit Protection Scheme
2
Expert:  Thomas replied 4 years ago.

Hi,

 

I think you must have submitted your answer half-drafted....

 

Tom

Customer: replied 4 years ago.
Sorry, I am trying to work in between all of this corresponding.

I have been in contact with each of the 3 Deposit Protection Schemes

1 The Deposit Protection Scheme
2 The My Deposit Schemes
3 And Deposit Dispute Services

and none of them have anything registered against my name, the property or the Landlord. It is written in my Contract that the Deposit is being held in the "Deposit Protection Scheme".

I am informed by the "Resident Landlord Association" that I should seek a Solicitor as I am now entitled to claim for 3 times the deposit as well as The Deposit.

Are you based in the UK or the U.S.A.
Expert:  Thomas replied 4 years ago.

Hi,

 

I'm a UK solicitor, I just needed you to clarify what you meant to be certain.

 

If the landlord has genuinely not lodged the deposit with a TDS for an assured shorthold tenancy under £25k pa then you do have the right to apply to Court for the return of the whole deposit and a fine payable from the landlord to you of three times the deposit amount. If the sum claimed is less than £5,000.00 then you can do it through http://www.moneyclaim.gov.uk/ it's very easy to use and straightforward for lay person.

 

Obviously, you need to be certain that the landlord has not protected the deposit and I would advise you to ask one of the solicitors to write a letter before action to the landlord first explaining the basis of your potential claim and asking for him to provide you with the scheme's reference details or, if not, an offer of settlement to avoid litigating. This would cost in the region of £40 +Vat and is a cheap alternative to fully instructing the solicitor and it avoids the administrative hassle of applying to Court and attending a hearing.

 

Ideally you would instruct a solicitor and you can use the following site to shop around for the cheapest in your area:-

http://www.lawsociety.org.uk/choosingandusing/findasolicitor.law

 

If you choose not to instruct a solicitor then I would ask the solicitor who wrote your letter before action to check your Court application for you (though you could also do this via citizen's advice) again for a relatively small fee.

 

If this is useful please kindly click accept so that I may be rewarded for my time. It will be gratefully received and you will be free to ask follow up questions.

 

Kind regards,

 

Tom

Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6653
Experience: BA (Hons), PgDip, Practising Solicitor
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