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Thomas
Thomas, Solicitor
Category: European Law
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My landlord have delayed my deposit for more than a month,

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My landlord have delayed my deposit for more than a month, how can I get it back? I have sent her an email before and had a telephone conversation in which she said she will return my deposit on Tuesday, 29th of January, 2013, but up to now I still haven't heard anything from her, what should I do legally to get back the deposit?
Hi

Where was the tenancy?

Tom
Hi,

Are you able to respond to the above post in order that I may provide you with an answer please?

Kind regards,


Tom
Hi,

Are you able to respond to the above post in order that I may provide you with an answer please?

Kind regards,


Tom
Customer: replied 4 years ago.

The tenancy was in London. Sorry to reply late as I didn't receive an alert for your response.

Hi,

I'm afraid that I'm on my phoen for the rest of the evening, may I answer tomorrow morning please? about 1030am

Please let me know when the fixed term of the tenancy expired too?

Tom
Customer: replied 4 years ago.

The tenancy expired in the 20th of December, 2012.

Thanks, XXXXX XXXXX 1030am...
Hi

Thanks for your patience.

If you occupied the property under an assured shorthold tenancy then the deposit should have been lodged (as legally required)with a tenancy deposit scheme by your landlord and you should have got a reference number for this.

Under these schemes your landlord should return the deposit to you within ten days of the tenancy ending if you and he agree on whether or not any deductions should be made from the deposit. If you do not agree then each scheme has an alternative dispute resolution service which you can initiate to determine any deductions and the return of the deposit.

You need to ask your landlord for the scheme reference number. If they don’t give you one you need to refer to the fact that it should have been protected in one and it is not lawful to have not done so, then request the immediate return of the whole of the mones. If they do not return at this point then you will have to sue them via www.moneyclaim.gov.uk but you will win

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Kind regards,


Tom
Customer: replied 4 years ago.

What will happen if the landlord still deny the deposit after i have made a claim about it?

Hi,

If you dispute the deduction of any monies from the deposit then it will go to the scheme's dispute resolution service. They will allow you each to submit your evidence and then make a determination over whether all or some of the deposit should be returned to you.


You have not rate my answer. Please do so now.

Tom
Customer: replied 4 years ago.

What kind of evidence do I need to have in order to get the deposit back?


 


Hi

Please rate my answer and I shall reply..


Tom
Hi,

A statement as to condition may be fine on it's own if the landlord does not have any tangible evidence.

Ideally though you would refer to the checking in inventory and then to your own photos when you vacated the property, along with the checking out inventory.

Please rate my answer. I have answered your original question.

Tom
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