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Deposit never protected

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140 views 1 replies latest reply: 20 July 2017


My landlord has recently told me and my husband that she is selling the property. During this she said she didn’t have our deposit and wouldn’t give us anymore details. We have never damaged the property or not paid rent. 

We have tried calling numerous times to try and discuss this but she never answers or returns our messages. So we sent a letter of complaint for clarification on what she meant, and was it in a backed scheme as she had never given us any details. We also included some other complaints within the letter for ongoing issues when have been having such as the oven broke and we had to 6 weeks for it to be fixed as she had ‘accidentally’ cancelled the insurance on it. There has also been a dodgy boiler installation and our home was wrecked and still not put right. 

In her reply she has confirmed she never protected the deposit and has no intention to now as she is selling the house and we should have queried this 3 years ago. 

What makes it worse is that the landlord is my husbands aunty, so we are not sure what to do. She hasn’t given us notice to move out yet but we can’t move without the deposit. Can she just kick us out?  What do we do about the deposit never been protected?

Thanks Vicky 

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Without any notice, you continue to be a legally occupying tenant. You’re not being evicted and you have full rights to your home and your privacy. You need to continue paying rent, as usual. 

In regards to the deposit, you can claim 1x – 3x times the deposit amount as compensation from the landlord. If you have the above conversation in writing, you’re looking at the higher end of the range, given the amount of time that passed. 

Before claiming compensation, you want to double check. Use our tenancy deposit checker tool –

Upon a negative result, you can continue over to our partner solicitor – Deposit Recovery Claims. The information from the tool will be passed over to a bigger form to contact our partners, who will provide a free consultation regarding a possible claim against your landlord. 

If you qualify (and you probably do), Deposit Recovery Claims can handle the claim and deal with all the legal work in return for a portion of the award. 

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