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propertylawyer, Solicitor
Category: Property Law
Satisfied Customers: 270
Experience:  Property solicitor with expertise in commercial and residential property transactions.
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I rented a property years back in around March 2013. I paid

Customer Question

I rented a property for several years back in around March 2013. I paid the deposit to the estate agents before moving in and i moved out of the property on the 21st Jan 2016. Ever since then i have been trying to get my deposit back from the estate agents. Iv called them a number of times, also iv been to their office a number of times. I sent an email to them on the 20th June writing a complaint and told them i was going to take them to court. Within a matter for a few mins i got an email back from the owner of the branch saying they sent the payment in a cheque but to the wrong address. He asked for my bank details so he can make the payment straight into my account. Its been over a month and i still dont have my deposit back since them asking for my bank details. Its now been over 6 months since i moved out. I dont think they put my deposit in the government deposit protection scheme as they are required to by law as when i asked them for the details they ignored the question. Im now sick of waiting and i want to take them to court to get my deposit back. I want to do this myself without getting a solicitor as they will charge me and i dont see why i cant do this myself via the small claims court. Can you let me know how i should go about doing this? Also any additional info i should know such as how much i can claim in interest as i understand i can claim upto 3x my deposit back. Also is there anything else i can claim for at all from them? If you could give me as much information as possible that would be great. I need to check my bank statements but my deposit was either £475 or £500.
Submitted: 9 months ago.
Category: Property Law
Expert:  propertylawyer replied 9 months ago.

Hi, I will check you options and come back to you.

Were you ever given a tenancy deposit scheme number?

Customer: replied 9 months ago.
Hey,No i wasnt given a deposit scheme number.Thanks,
Customer: replied 9 months ago.
Expert:  propertylawyer replied 9 months ago.

Apologies. Trouble getting online.

In the first instance write, not email, requesting the tds number and return of the deposit in full within 21 days of the date of the letter. Also state that any failure to refund the deposit within the specified deadline and you will have no option but to refer the matter to either the tds, provided that they registered the deposit, or the courts. Also state that if they fail to establish that the deposit was correctly registered with the tds will result in the matter being referred to court, even if they refund the deposit in full.

Infirm them that you will claim for any court fees and interest at the court rate of 8%. If the deposit was not registered then the court can award 1 to 3 times the deposit as compensation.

You need to do a formal letter before action to give the other party time to pay. And 21 days is the accepted standard period.

If they fail to respond you can start the legal process.

Expert:  propertylawyer replied 9 months ago.

You apply to court on form n208 (there is guidance on this in form n208A). Go to

You have to pay a court fee but you can reclaim this together with 8% interest.

If you serve the claim form and particulars of claim together the landlord has 14 days to respond. If the landlord fails to respond you apply for judgment in default. If the landlord defends the claim it will progress to trial and the court will send out directions (instructions of things you need to do or information you need to supply within specified time limits).

Any questions or queries? Happy to assist further?

Please can I ask you to accept / rate my reply. Thanks.

Expert:  propertylawyer replied 8 months ago.

Do you any further questions or queries in relation to my reply?

Please can I kindly request you accept /positive rate my reply otherwise I will not receive payment for helping you. Many thanks.

Expert:  propertylawyer replied 8 months ago.


Do you have any queries in respect of my answer?

Happy to assist further.

Please can you accept / positive rate my reply otherwise the website will not pay me for assisting you with your question.

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