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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69366
Experience:  Over 5 years in practice
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I have recently left a tenancy and my Landlord has not returned

Customer Question

I have recently left a tenancy and my Landlord has not returned my deposit. He has failed to protect it in a TDP and is not responding to any communications. I understand that I can approach the County Court, how do I do this?
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
What type of contract is it?
Customer: replied 3 years ago.

It is an Assured Shorthold Tenancy Agreement for letting a residential dwelling

Expert:  Jo C. replied 3 years ago.
When did it begin?
Customer: replied 3 years ago.

The tenancy Commenced on 1 October 2010 and ceased on 28 January 2013

Expert:  Jo C. replied 3 years ago.
On the face of it you do have a claim then for three times the sum.

However, you should be aware that the chances you will get anything more than the sum of the deposit are low. Generally speaking courts do not fine landlords for failing to protect unless they have literally a diabolical record.

The real consequence is that they cannot serve a lawful s21 notice if the deposit is not protected

You are entitled to your deposit back though.

You can issue here

Www.moneyclaim.gov.uk

But its best to send a letter before action given the landlord 28 days to pay in full and making clear that I default you will sue.

Hope this helps
Customer: replied 3 years ago.

I emailed back to the effect that this suggestion is at odds with the information on the money claim website, which states that you cannot issue claims for recovery of deposits that were not placed in the Tenacy Deposit scheme.

Expert:  Jo C. replied 3 years ago.
That is completely wrong.

Customer: replied 3 years ago.

This I have already tried.The government web site Money Claims on Line
says you cannot issue claims for the recovery of deposits that were not
placed on the Tenancy Deposit Scheme.

Expert:  Jo C. replied 3 years ago.

I'm afraid there isn't really much I can say.

That is wrong and its as simple as that. You can sue at the small claims court for unprotected deposits.

If you disagree then that a matter for you.
Customer: replied 3 years ago.

Thank you we will try

Expert:  Jo C. replied 3 years ago.
You will be able to reclaim this.

The penalties for failing to secure are for the landlord not the tenant.

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