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Thomas
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7481
Experience:  BA (Hons), PgDip, Practising Solicitor
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My landlord has not returned security deposit on a flat i used

Resolved Question:

My landlord has not returned security deposit on a flat i used to rent. He says he has got personal problems and can not afford to pay me it back. Can I take legal action against him to get the money back?
Submitted: 6 years ago.
Category: UK Law
Expert:  Thomas replied 6 years ago.

Hi,

 

Are you occupying the property under an assured shorthold tenancy agreement for residential purposes?

 

What is the annual rent and when did the tenancy agreement start/expire?

 

Tom

Customer: replied 6 years ago.
Thanks for your response. The rent was £650 per month, I paid for a full year up front. The tennancy agreement expired 8 weeks ago then I moved out and he has been ignoring all contact from me. I finally got hold of him and he said that he had personal problems and that he cannot pay me the deposit back because there had been a fraud in his building business and could not cash checks. The original listing for the accomodation was via an estate agent so I thought that I would be protected by them when I first moved into the appartment.
Expert:  Thomas replied 6 years ago.

If you did not receive a notice before you executed the tenancy agreement stating that the tenancy was not to be an assured shorthold tenancy then it will taken to be an assured shorthold tenancy.


As such the deposit should have been registered in a Tenancy Deposit Scheme. You should have received reference details for the deposit. If the landlord has not placed the deposit then you can sue him for the return of the whole of the deposit and a fine (payable by him to you) of three times the deposit amount.

 

The difficulty is that you may get judgement for that amount but if he has no assets or income then you have nothing to enforce the judgement against him.

 

Write formally to him setting out the above asking for details of the scheme/deposit within 14 days. If he does not respond then you will have to issue. You can get a solicitor to do this for you or do it yourself via www.moneyclaim.gov.uk. You will need an address for him.

 

You could also try enquiring of the the agents.


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

 

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