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Joshua
Joshua, Lawyer
Category: Property Law
Satisfied Customers: 25424
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I have recently vacated a rented property and I am having difficulty

Resolved Question:

I have recently vacated a rented property and I am having difficulty recovering my deposit.
I have found out that the landlord has not used a deposit protection scheme. I need advice on my rights and what to do next
Submitted: 2 years ago.
Category: Property Law
Expert:  Remus2004 replied 2 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
What would yoy like to know about this please?
Expert:  Joshua replied 2 years ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience.

My colleague has asked me to assist with this. From what you say the landlord has not protected your deposit in any of the four deposit protection schemes. Is this correct please?

Has the landlord ignored your requests for return of the deposit?
Customer: replied 2 years ago.

The landlord said the deposit was in mydeposit but i have checked and it is not.

he has emailed me details of off takes and returned £356 of the deposit.

i do not agree with him at all and wanted return of deposit minus £60 profesional cleaner fees

Expert:  Joshua replied 2 years ago.
Thank you. Finally have you checked the other deposit schemes as well?
Customer: replied 2 years ago.

No i haven't done that.

i don't believe he has used any scheme, which is why he gave me the £356 straight away

Expert:  Joshua replied 2 years ago.
Thank you. It would be worthwhile just having a quick check. You can check online with one of the four schemes that it could be registered with - they all have online search facilities (the Capita scheme is new and as yet has a small share of the market):http://www.mydeposits.co.uk/tenants/get-started/check-your-deposithttps://www.depositprotection.com/is-my-deposit-protectedhttps://www.thedisputeservice.co.uk/is-my-deposit-registered.htmlhttps://www.capita-tdp.co.uk/ The landlord has a legal obligation to protect your deposit with one of the four above schemes within 30 days of you paying the deposit to him. If he has failed to do so, you can claim back your deposit together with additional compensation between one and three times the amount of the deposit. The landlord cannot protect the deposit late if he has failed to do so within 30 days of receipt. if he's failed to do so, providing you do not agree to settle with the landlord, you can claim the return of your full deposit from the landlord together with compensation which must be a minimum of one times the amount of your deposit and can be as high as three times the amount of the deposit at the discretion of the judge which will be determined based on the conduct of the landlord in the judge's opinion. If your investigations above reveal that the landlord has failed to protect your deposit, the first step is to contact the landlord and ask for evidence that your deposit has been protected within 30 days of receipt and of the landlord is unable to provide the same, request the return of your deposit together with compensation. You may like to offer to settle the matter out of court on the basis that the landlord pays to you 1.5 times compensation though you could push for more. The reason I suggest you may wish to consider 1.5 times the amount in compensation is because there is no guarantee that you would be awarded more than one times the amount of the deposit in compensation if you go to court and issuing proceedings and pursuing the matter in court will take up your time and you may prefer to settle on an amicable basis if you can achieve the above. If the landlord refuses, or offers a lower amounts, you may wish to consider a lower amount of compensation but bearing in mind you will be awarded at least one times the amount of deposit in compensation, you do not have to accept silly offers. If you cannot reach agreement with the landlord, you can issue proceedings against the landlord to recover your deposit and the compensation due to buy issuing proceedings. The simplest way to issue proceedings in the County Court is by using the courts online issuing service:https://www.moneyclaim.gov.uk/web/mcol/welcomein your claim, you will specify the amount of deposit you are seeking back from the landlord and in the text of your claim, you will also ask the court for three times the amount of deposit in compensation as provided for by the Housing Act as amended by the Localism Act. in addition, you will ask the court for an order that the deposit held by the deposit protection service is paid to you as the deposit protection service will not release the deposit on production of a court order without a specific order that they do so. I hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me I'd be very grateful
Joshua, Lawyer
Category: Property Law
Satisfied Customers: 25424
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
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