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Full deposit not protected

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633 views 1 replies latest reply: 19 March 2015
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Tenant

I took an assured short hold tenancy in a house in Feb 2011 and paid £1400 deposit to the letting agent.

 

I always paid the rent on time, gave proper notice and vacated the property in Feb 2014.

 

I am in disagreement with the landlord over deposit deductions so tried to refer to the deposit dispute resolution service. They informed me that only £1200 is protected and they advised me to seek legal advice. I have contacted the agent and asked them to confirm, I am waiting their response.

 

I am aware that if a deposit is not protected then a tenant may be able to claim compensation of up to 3 times the amount. As only part of my deposit was protected could the compensation apply to my situation? If I decide to pursue I will get legal advice but would appreciate any advice or input before incurring any expenses.

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I’m uncertain about compensation for a partly protected deposit but i wouldn’t be surprised if any judgement was limited to 3 times the unprotected amount.   I would use the threat of taking this further as leverage to get your own way with the disputed amount.

 

When your initial fixed term expired, did the deposit protection get renewed, or amended, to show it as a statutory periodic tenancy and did you get re-served with the prescribed information for tenants.  if not, this is also a potential breach by the agent/landlord.

 

Wait to see how the agents respond and it will then be clearer on how to proceed.

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