UK Property Law
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Thanks for your question.
Has he said why he is refusing to give back your deposit?
Were you occupying the property under an assured shorthold tenancy and was the deposit lodged in a tenancy deposit scheme?
yes assurred shorthold tenancy deposit held by landlord,he said all was fin when i gave keys back and that he would be in touch regarding return of deposit after 6weeks of asking he said he had had estate agent in(whos hes best friend) and that i had damaged the property and left it in a state!!! after saying all was ok, i thought id have trouble bcos he was always moaning he was skint but goes on expensive hols and drives a jag!! and he knows im a single mum on benefits, i feel he has cooked up a way of getting out of returning my £1005 deposit which i owe to my dad who is disabilled and on pension, with hes estate agent friend
Thank for your reply. Right, the key is whether or not the deposit has been lodged with a tenancy deposit scheme.
If the deposit was held by the landlord and not placed in a tenancy deposit scheme then he will have to return the deposit to you without deduction. If you were to apply to Court for the return of the deposit because it has not been lodged with a tenancy deposit scheme then the Court will order the return of all of the deposit and levy a fine upon the landlord for three times the deposit amount and this would also be payable to you. You really need to check this with the landlord, if he has not lodged it in a TDS then you are in a very strong position and should speak to a local landlord and tenancy solicitor about making the application to Court.
If he has lodged it in a TDS and you do not agree with his proposed deductions then you will have to initiate the dispute resolution procedure detailed in the actual scheme, every scheme runs one of these for deposit disputes.
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Yes, the landlord should have sent you details of the scheme shortly after it was deposited. It does not matter if the tenancy refers to it or not, by law he is required to place all deposits taken under ASTs in to a TDS.
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