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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12076
Experience:  30 years as a practising solicitor.
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I moved out of a property two months ago and have not had any

Customer Question

I moved out of a property two months ago and have not had any contact from my landlord regarding returned deposit. The estate agents only advertise the property and do not manage it. I had found out that from the start of the tenancy my landlord wasn't registered and bensons had not made the checks. I had been advised by the council to withhold rent and after contacting the landlord he assured me that there wasnt a problem and I should continue to transfer money to him. I continued to pay rent and it was only after further correspondence with with the council that they informed me that it had been illegal for him to take money and had been doing so illegally throughout my 9month tenancy. I then gave a months notice as I had lost confidence and trust in the agent and landlord. No checks of the flat were made prior to me moving in or during my tenancy. No inventory list was provided after being requested when I moved in. I have contacted the landlord to release details of the deposit holding company he is using with no reply. Bensons didnt have the details either and said that they had passed my deposit money I paid to tgem onto the landlord and all they could do was email him.
I am feeling increasingly frustrated with the situation and would like to know which actions I can take.
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.
The landlord should have put the money into a deposit scheme and you should have been given notice of this from the deposit company. From your narrative it appears likely that the landlord didn't do this.
You should see a solicitor straight away. You can raise a court action against the landlord. The court can order repayment of the deposit in addition to which the court can make the landlord pay you up to three times the amount of the deposit by way of a fine for failing to put the money into a deposit scheme.
I hope this helps. Please leave a positive response so that I am credited for my time.
Customer: replied 3 years ago.

Thank you for your time and advice. I will now take the matter further with confidence.



Expert:  JGM replied 3 years ago.
You're welcome.