My Eviction saga (for those who are interested) - Advice

EmmaActual · 10-11-2009, 18:49

Hi everyone,

As the other thread got closed (no need to go into that

)

I thought some of you might want to know or have advice to give about the deposit scheme.

As one of the helpfull posters posted on the old thread. The deposit is not in rent deposit scheme I am entitled to it back?? No matter what?

The thing is though... I have to wait till I leave right?

I am no longer behind rent as I got a back payment from the council who backdated it from the time I was first ill not from when I was hospital.

So my question is... if I can prove its not rent deposit scheme - what do I next?

Cheers

DaisyBumbleroot · 10-11-2009, 18:54

im not sure i understand?

do you mean he landlord has hold of your deposit? if so and your rent is up to date and the house is not destroyed then yes you should get it back no matter who holds it.

if you have damaged anything, or say the carpets need cleaning then id expect them to keep some but if thats not the case you should get it back after the place has been inspected.

SLH72 · 10-11-2009, 18:58

Quote:

Originally Posted by EmmaActual

Hi everyone,

As the other thread got closed (no need to go into that

)

I thought some of you might want to know or have advice to give about the deposit scheme.

As one of the helpfull posters posted on the old thread. The deposit is not in rent deposit scheme I am entitled to it back?? No matter what?

The thing is though... I have to wait till I leave right?

I am no longer behind rent as I got a back payment from the council who backdated it from the time I was first ill not from when I was hospital.

So my question is... if I can prove its not rent deposit scheme - what do I next?

Cheers

Have a look at http://www.direct.gov.uk/en/TenancyDeposit/DG_066373

This states:

What if your landlord isn’t protecting your deposit?

You can apply to your local county court. The court can order the landlord or agent to either repay the deposit to you or protect it in a scheme. If your landlord or agent has not protected your deposit, they will be ordered to repay three times the amount of the deposit to you.

If I were you, I would contact the CAB for further advice regarding the county court action, so they can advise you how to go about this.

GetMeOuttaHere · 10-11-2009, 19:00

You don't get your deposit back until you've moved out and then its dependant on an inspection. If you've kept the property in good condition and haven't broken anything there shouldn't be any reason why you wouldn't get your deposit back within a reasonable time frame.

EmmaActual · 10-11-2009, 20:26

Quote:

Originally Posted by SLH72

Have a look at http://www.direct.gov.uk/en/TenancyDeposit/DG_066373

This states:

What if your landlord isn’t protecting your deposit?

You can apply to your local county court. The court can order the landlord or agent to either repay the deposit to you or protect it in a scheme. If your landlord or agent has not protected your deposit, they will be ordered to repay three times the amount of the deposit to you.

If I were you, I would contact the CAB for further advice regarding the county court action, so they can advise you how to go about this.

Thanks SLH but one helpfull DSpyer said I was entitled to compensation if the landlord hadn't put the deposit into the scheme.

SLH72 · 10-11-2009, 20:43

Quote:

Originally Posted by EmmaActual

Thanks SLH but one helpfull DSpyer said I was entitled to compensation if the landlord hadn't put the deposit into the scheme.

Yes, that's right. The county court can award you up to 3 times the amount of the original deposit. I have helped a friend in your position before, but they came to an agreement before the county court stage so I don't know if the court always awards this amount, or if it depends on circumstances. I know they take a pretty dim view of landlords not using the scheme.

That's why I reckon the CAB are the best bet as they have probably helped out others, and will also be able to tell you how to go about the court action.

EmmaActual · 10-11-2009, 20:50

Excellent yes, I remember now, it was on my old thread as well, but I didn't want to go all through it as there as its really depressing.

Thank you SLH!!! I will go to the CAB (I have an appt with them anyway).

Espresso · 10-11-2009, 22:35

The deposit scheme came into existance April 2007. If you started your tenancy before then, there was no legal requirement for your landlord to have put your deposit in one of the schemes. And the legislation does not apply retrospectively.

But if you started your tenancy after then and your landlord did not protect your deposit in a scheme, then he has broken the law.

10-11-2009, 18:49	#1
EmmaActual Forum Member Join Date: Sep 2009 Location: The Galactica Services: 02, BT, Freeview Posts: 334	My Eviction saga (for those who are interested) Hi everyone, As the other thread got closed (no need to go into that ) I thought some of you might want to know or have advice to give about the deposit scheme. As one of the helpfull posters posted on the old thread. The deposit is not in rent deposit scheme I am entitled to it back?? No matter what? The thing is though... I have to wait till I leave right? I am no longer behind rent as I got a back payment from the council who backdated it from the time I was first ill not from when I was hospital. So my question is... if I can prove its not rent deposit scheme - what do I next? Cheers

10-11-2009, 18:54	#2
DaisyBumbleroot Forum Member Join Date: May 2003 Location: Derby, UK Services: sky for tv, 02 for phone, virgin for internet Posts: 13,808	im not sure i understand? do you mean he landlord has hold of your deposit? if so and your rent is up to date and the house is not destroyed then yes you should get it back no matter who holds it. if you have damaged anything, or say the carpets need cleaning then id expect them to keep some but if thats not the case you should get it back after the place has been inspected.

10-11-2009, 19:00	#4
GetMeOuttaHere Forum Member Join Date: Mar 2008 Gender: Female Location: CBeebies Services: Teaching you to singalong to Timmy Time Baahh Posts: 7,327	You don't get your deposit back until you've moved out and then its dependant on an inspection. If you've kept the property in good condition and haven't broken anything there shouldn't be any reason why you wouldn't get your deposit back within a reasonable time frame.

10-11-2009, 20:50	#7
EmmaActual Forum Member Join Date: Sep 2009 Location: The Galactica Services: 02, BT, Freeview Posts: 334	Excellent yes, I remember now, it was on my old thread as well, but I didn't want to go all through it as there as its really depressing. Thank you SLH!!! I will go to the CAB (I have an appt with them anyway).

10-11-2009, 22:35	#8
Espresso Forum Member Join Date: Jul 2005 Posts: 5,825	The deposit scheme came into existance April 2007. If you started your tenancy before then, there was no legal requirement for your landlord to have put your deposit in one of the schemes. And the legislation does not apply retrospectively. But if you started your tenancy after then and your landlord did not protect your deposit in a scheme, then he has broken the law.