Hello. I am a solicitor with over 15 years experience. I will try to help you with this.
Can you just tell me has the landlord/agent alleged that you have caused any damage? Was there a leaving inspection carried out and are you sure the deposit was not put in a protective scheme?
No, he hasn´t told anything about damages. We wanted him to look the room before we leave, but he told that it is not necessary and just leave the keys on the cupboard.
well, about the protective scheme. We cant be 100% sure about this but we can´t find the information and proof that it is protected from the website. We also have a letter from other tenants who asked the proof from the landlord about the deposit, but he ignored them.
Your tenancy deposit is money that belongs to you and should be returned to you unless your landlord can show they have suffered a financial loss during your tenancy.
The landlord is usually responsible for returning your deposit even if you initially pay it to a letting agent acting on their behalf.
Your landlord can make reasonable deductions from the deposit for: damage to the property, missing items, cleaning, unpaid rent.
There is no other lawful reason for the landlord keeping the deposit.
But what to do about this. You can send him a letter perhaps based onthis one.
Return of deposit for
I am writing concerning the deposit I paid for on.
I left the property on
I am not happy that my deposit of has not yet been returned.
Please confirm which tenancy deposit scheme the deposit was placed with.
As I left the property in good condition, please could you send a cheque for the full amount of my deposit to my current address within 14 days.
If you intend to withhold any money, please send a written breakdown explaining your reasons, itemising and detailing any financial losses you believe you have suffered. Please include copies of any relevant receipts.
I look forward to your reply within fourteen days. If I do not receive payment within this tiem I will issue proceedings for return of the deposit plus consequential costs.
If your tenancy started after April 2007 your landlord has to put the deposit into a scheme if she does not, then you can claim for extra money (up to 3 times the deposit value) if you take him to the small claims court.
Yu can check on whether you are in a shcme by doing the following:
1 Make sure you have the tenancy postcode and address, tenancy start date and the amount of the tenancy.
2 Follow these inks to the 4 schemes: http://www.mydeposits.co.uk/tenants/get-started/check-your-deposit https://www.depositprotection.com/is-my-deposit-protected https://www.thedisputeservice.co.uk/is-my-deposit-registered.html and https://www.capita-tdp.co.uk/
3 If you can not find your deatils on these you are not protected.
If the landlord doesn’t respond you can issue a small claim (follow this link for the government site on how to do this https://www.gov.uk/make-court-claim-for-money/overview) despite the threat in the letter you will only be able to recover your personal expenses of bringing the action and not any legal fees you have incurred.
I hope this answer is helpful but please feel free to ask further questions.