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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 70209
Experience:  Over 5 years in practice.
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hello, i am writing to you because we left our previous flat

Resolved Question:

hello, i am writing to you because we left our previous flat 4 weeks ago and we cannot get the security deposit back. it seems that the rental agency never protected our security deposit by putting the money on the government's account
Submitted: 3 years ago.
Category: Property Law
Expert:  Remus2004 replied 3 years ago.
Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

What would you like to know about this?
Customer: replied 3 years ago.

I would like to get your advice on how to make sure they reimburse us. Can we take actions/threaten to take actions in order to get our money back? What exactly are the steps we should take if we wanted to take action? Thanks

Expert:  Remus2004 replied 3 years ago.
WAs this an assured shorthold tenancy agreement please?
Customer: replied 3 years ago.

I do not know what this means. we signed a lease for 12 months with a breaking clause after 6 months. we had a contract, signed by both parties

Expert:  Remus2004 replied 3 years ago.
Thanks.

That is an assured shorthold tenancy agreement then and the deposit should have been protected.

If it was not then you can claim three times the sum of the deposit although the practical reality is that you only likely to get the original deposit sum back. I have never yet seen a court order any more.

If the deposit wasn't protected then you can't complain to the scheme but you can sue at the small claims court. You can issue here

www.moneyclaim.gov.uk

as you are basically seeking a cash payment.

You will get something back even if its not three times the sum.

Can I clarify anything for you?

Jo
Customer: replied 3 years ago.

Yes one more thing please: how/where can we denounce the letting agency to the authorities, letting them know that the letting agent does not comply with law? Thanks

Expert:  Remus2004 replied 3 years ago.
I suppose if they are a member you could report them here

http://www.arla.co.uk/
Customer: replied 3 years ago.

Is there no overarching government entity that would take this kind of complaints/that checks whether letting agents are compliant? Thanks a lot

Expert:  Remus2004 replied 3 years ago.
No, these are private agents and not Government controlled.

Their professional body has a little impact but not a lot.

Normally you just either complain to the scheme or sue them.
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