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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70525
Experience:  Over 5 years in practice
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Hi. My Landlord is delaying to refund me the deposit (£1,400)

Customer Question

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
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
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 2 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

Expert:  Jo C. replied 2 years ago.
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 3 other Law Specialists are ready to help you
Customer: replied 2 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

Expert:  Jo C. replied 2 years ago.
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 2 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
Expert:  Jo C. replied 2 years ago.
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 2 years ago.

p

Customer: replied 2 years ago.

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

Thank you,

Elie Allam

Expert:  Jo C. replied 2 years ago.
I am not sure how to express it differently.
Only you can sue.
Customer: replied 2 years ago.

Thank you that's all

Elie Allam

Expert:  Jo C. replied 2 years ago.
No problem