Every Tuesday we get an expert to answer your financial problems or consumer disputes. WhatsApp us here or email moneyblog@sky.uk. Today’s problem is…
My daughter is a student and her landlord is not returning her deposit for the accommodation she rented until September. She has emailed them several times and called.
Daka
We called in Money regular Scott Dixon, AKA The Complaints Resolver, for help with this one.
To kick this off, it’s worth noting a landlord is entitled to make reasonable deductions to remedy proven damage.
“They ought to provide quotes in writing from reputable firms to evidence the amount and be specific and fair,” says Dixon.
Tenants should take photos upon moving in – then leave the property spotless and, again, take pictures.
When disputes arise, Dixon says, the Landlord Register is the first starting point for action in Scotland, Wales and Northern Ireland – it doesn’t cover England though.
Throughout the UK, landlords must place deposits in a tenancy deposit protection scheme.
Dixon says that once your landlord has received your deposit, they have 30 days to tell you – among other things – the name and contact details of the tenancy deposit protection (TDP) scheme and dispute resolution service, why they would keep some or all the deposit, how to apply to get the deposit back, what to do if you cannot get hold of the landlord at the end of the tenancy and what to do if there is a dispute over the deposit.
The timelines in Northern Ireland are slightly different – the landlord has 28 days to put the deposit in a scheme and 35 days to tell you the information.
Has your daughter’s landlord complied with this?
You can check with the schemes yourself…
England and Wales
Scotland
Northern Ireland information can be found here.
“Use email or live chat wherever possible as proof of what was discussed for your case,” says Dixon.
If your landlord has not protected your deposit, in England and Wales you need to apply to your local county court and complete a Form N208 claim.
“The court fee is £365, but you can claim this back if you win your case,” says Dixon. “You do not need a solicitor.”
If your landlord has not protected your deposit in Scotland, you need to make a separate application to get your deposit back to the First-tier Tribunal (Housing and Property Chamber).
In Northern Ireland, you can go to the Environmental Health Office to report the landlord, and small claims court to try and get your money back.
What could you be entitled to?
“You could win between one and three times the deposit amount if the landlord did not protect your deposit within 30 days of receipt or did not provide written information about the property within 30 days,” says Dixon.
“Evidence is key with all disputes. Ensure you have a copy of your tenancy agreement, tenancy deposit searches, correspondence with your landlord including text messages and proof of deposit payment.”
You need to demonstrate you’ve exhausted other measures before going to court.
Dixon says: “Set your case out to the landlord in writing citing any breaches and put them on 14 days’ notice to respond.
“If they fail to respond, send screenshots of court papers prepared as a draft and say you will file the court papers within seven working days if they refuse to refund the deposit.”
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