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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3653
Experience:  Solicitors 2 years plus PQE
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hello, i have moved out a property and demanded my deposit

Customer Question

hello,
i have moved out a property and demanded my deposit back from the landlord - he is hesitant to give me back - the deposit was originally protected by the state agent but was withdrawn due to agency going into administration - the landlord never protected the deposit after that - now even the landlord signed a letter with me with the following:
1) that the property is left in a very good state
2) a prior notice was given to the landlord
3) he will give back the deposit in 10 days
now he is not willing to do so. i am looking for affordable solution to this issue - can i have a advise on this pls ?
-ather
Submitted: 2 years ago.
Category: Law
Expert:  Alex J. replied 2 years ago.
Hi,
Thank you for your question and welcome.
My name is ***** ***** I will assist you.
Under the Housing Act 2004 the landlord is legally obliged to ensure the deposit is in a bonded scheme.
Write to the landlord and say the following:
- You were fully aware that the deposit was not in a secure bond;
- Tell him he was legally obliged to bond the deposit under S.214 of the Housing Act 2004;
- Tell him he has no right to with hold the monies any longer and if he does not return them you will sue him for three times the value of the deposit as you are entitled to do under S.214 of the Housing Act 2004.
I am afraid if he still does not return it, your only option is to sue him https://www.moneyclaim.gov.uk/web/mcol/welcome
You can start a money claim here - you should sue him for three times the deposit because that is what you are entitled to do.
I look forward to hearing from you.
Kind regards
AJ
Alex J. and 2 other Law Specialists are ready to help you
Customer: replied 2 years ago.

Thanks AJ,

i got another question.

can you confirm if protecting the deposit is the responsibility of the landlord and not the state agency ?

regards,

-ather

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
Protecting the deposit is the landlords responsibility.
Kind regards
AJ