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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 8975
Experience:  I have been practising for 30 years.
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Myself and my husband left our rented property 6 weeks ago

Resolved Question:

myself and my husband left our rented property 6 weeks ago and have not been given our deposit back. we have also found out that the landlord did not protect it in a government backed scheme. we were tenants for 2 and a half years and left the property in a excellent condition with no damage. is there anything we can do?
Submitted: 9 months ago.
Category: Law
Expert:  F E Smith replied 9 months ago.

You are entitled to up to 3 times the deposit back as compensation for him failing to protect the deposit in an approved scheme. Each time the tenancy has been renewed that is another breach. If you only have one tenancy which came to the end and then it rolled over for the next couple of years, then that is 2 breaches, the initial tenancy and then the rolling over. If you have had five tenancy agreements, each of 6 months, that is 5 breaches.

However don’t think that you are going to get 5 x 3 =15 times the deposit back because that’s the maximum. The court has discretion.

The statutory provisions are sections 213-214 of The Housing Act 2004 as amended.

If you make a few telephone calls you will usually find a solicitor will deal with this claims on a no win no fee basis and arrange insurance to pay legal costs in the event that any claim fails. These are not Small Claims Court claims, they are known as Part 8 claims which means they are outside the small claims track and the loser is ordered to pay the winners costs.

The claim would also include the return of the deposit although the landlord is entitled to have the cost of any damage deducted which in your case, would be nothing because you say that the property is in excellent condition.

Can I clarify anything for you?

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Best wishes.

FES.

F E Smith, Advocate
Category: Law
Satisfied Customers: 8975
Experience: I have been practising for 30 years.
F E Smith and other Law Specialists are ready to help you
Customer: replied 9 months ago.
many thanks for your time and helpXander Heathfield-Jones

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