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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70826
Experience:  Over 5 years in practice
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Hi. My Landlord is delaying to refund me the deposit (£1,400)

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Hi.
My Landlord is delaying to refund me the deposit (£1,400) after vacating his leased property to me; I was in good relation with him, no claim from his part to justify the delay except avoiding to refund hoping that with time I will give up and that I am ignorant to legal right.
Your advice, please.
Seasons Greetings,
Elie Allam
29 Harrow Lodge
NW8 8HR
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
How can I help with this please?
Customer: replied 3 years ago.

Hi Jo,

I would like to know the following:



  1. How long the Landlord can delay the refunds of my Deposit knowing that I have vacated his property since nearly 22 months?

  2. I have been told that according to a recent law ( 2 or 3 years ago) the Landlord is liable to pay a fine of £3000 in case he refuse to refund a deposit, is it true?

  3. In case the Landlord delays indefinitely the refund of my deposit how can I proceed to retrieve my deposit and whether he should pay all legal fees involved? Should I inform or warn him of the above law?


Thank you and Seasons Greetings,

Elie Allam

On your specific points
1 If this is an AST then he should pay within 28 days or offer an explanation as to why he will not.
2 No. The issue is failing to protect the deposit. Then the landlord can be asked to pay up to three times the sum although that never happens in practice.
3 If this is an AST then you can complain to the scheme. If not, you can always sue at the small claims court.
Can I clarify anything for you?
Jo
Jo C. and other Law Specialists are ready to help you
Customer: replied 3 years ago.

From Elie Allam

Thank you,

It is an AST.

I will go through AST General Tenancy Agreement.

I may come back to you later.

Have a nice night,

Elie

No problem and all the best.
Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’.
Customer: replied 3 years ago.



For Jo C,

Hi,
In your last reply you stated:


- I can complain to the scheme; I could not find in the Agreement any reference to the scheme. Where can I find the address to file a complaint or could you supply me the address.

- I can always sue at the small claims court; in this case can you sue on my behalf and is the defendant responsible for the whole court cost?

Thank you,

Elie Allam
That would tend to suggest he hasn't protected the deposit.
I cannot sue on your behalf. You have to do that yourself. If you win then the defendant will be responsible but only you can issue.
Customer: replied 3 years ago.

p

Customer: replied 3 years ago.

Please could you explain the meaning of " only you can issue "

Thank you,

Elie Allam

I am not sure how to express it differently.
Only you can sue.
Customer: replied 3 years ago.

Thank you that's all

Elie Allam

No problem