How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Thomas Your Own Question

Thomas
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6260
Experience:  BA (Hons), PgDip, Practising Solicitor
Type Your UK Property Law Question Here...
Thomas is online now
A new question is answered every 9 seconds

my landlord is refusing to give my deposit back what can i

Resolved Question:

my landlord is refusing to give my deposit back what can i do?
Submitted: 4 years ago.
Category: UK Property Law
Expert:  Thomas replied 4 years ago.

Hi,

 

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?

 

Kind regards,

 


Tom

Customer: replied 4 years ago.

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

Expert:  Thomas replied 4 years ago.

Hi,

 

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.

 

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

 

Kind regards,

 


Tom

Customer: replied 4 years ago.
there is nothing on my paperwork about a tds,the tenancy started 26/08/2006 would i have been told if it was held in one all it says on my tenancy agreemnet is that the deposit is held by the landlord
Expert:  Thomas replied 4 years ago.

Hi,


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.

 

I hope this clarifies, if so please kindly click accept.

 

Tom

Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6260
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and other UK Property Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
< Last | Next >
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
  • I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks! Ms. Baker Alfafar, Spain
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie USA
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
 
 
 

Meet The Experts:

 
 
 
  • Joshua

    Lawyer

    Satisfied Customers:

    4433
    LL.B (Hons), Higher Prof. Dip. Law & Practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/JO/Josh2010/2012-4-29_19490_GettyImages80121770B.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    4433
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/TO/touchwoodsden/JA.64x64.jpg Law Denning's Avatar

    Law Denning

    Solicitor

    Satisfied Customers:

    2289
    PGD Law. 20 years legal profession, 6 as partner in High Street practice
  • http://ww2.justanswer.com/uploads/RE/Remus2004/2012-4-22_93111_2bigstockPortraitOfConfidentFemaleL6943985.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    2244
    Over 5 years in practice.
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Lawyer

    Satisfied Customers:

    1198
    BA (Hons), PgDip, Practising Solicitor
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg INC's Avatar

    INC

    Solicitor-Advocate

    Satisfied Customers:

    809
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/AJ/ajlaj01/2012-5-9_14051_Profile1.64x64.jpg Alex J.'s Avatar

    Alex J.

    Law

    Satisfied Customers:

    400
    LPC, 2 Years Conveyancing
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    212
    Barrister 17 years experience