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Landlord Wont Return Deposit

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319 views 1 replies latest reply: 23 March 2017
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Tenant

Hi all, first post here. Theres a bit more to this than just the title, so please bare with.

I moved due to my job in the summer of last year for 6 months to a temp location. So i found a room to rent online, went to view it and the lady told me it was her house she shared with her daughter, the rent was £600 PCM and the deposit was £600. So I got the contract, paid the deposit. The deposit stipulated that she “The Landlord” owned the property etc. I was the designated “Tenant” IAW the contract.

She kept dodging me about giving me a receipt for my deposit however provided receipts for all my rental payments. I later found out the she was not the owner of the property and was subletting to me without informing me, and that she had not put my deposit in a DPS (although now i’m not sure of my rights because she was subletting and i didnt know).

When I moved out, she told me she would return my deposit “at some point”, however when I pointed out the contract stated it should be within 5 days of contract end (giving until 5th March) she still responded with “Not sure, at some point”. So I gave her the 5 days and made contact again. She asked for another week, so i agreed so to avoid any conflict. After the week had past she started ignoring my calls and messages, and keeps fobbing me off with “ill call you tomorrow” etc when I do actually get a response. I have multiple WhatsApp messages and voice recordings of her acknowledging I paid the desposit (which all tie in to the bank transfer I made referenced “Deposit”.

The whole time living there was an absolute shambles and I know I should have witheld the final months rent as I had inklings this would happen, but I didn’t want to breach the contract in the case of it going to court.

Could someone please advise on my options as i’m down £600 and could really do with having it back.

Many thanks!

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Tenant

Hello,

When you are the subtenant in a subletting situation, the real tenant becomes your interim landlord and shares the same responsibilities as a real landlord would. 

In this case, you must know that a landlord is required to give you a receipt for the deposit payment and within 30 days of you paying the money, protect it in a government authorised deposit protection scheme AND serve you a pack of prescribed information. 

If they don’t, they are in breach of the law and if you can prove it in court, the judge has to award you between 1 and 3 times the deposit amount as compensation AND rule what happens with the original deposit. 

Download our free PDF guide for more information on how that actually works. Link – http://www.thetenantsvoice.co.uk/letter-templates/request-tenancy-deposit-protection

You should threaten your “landlord” with the above and give her a couple of days to collect the money. If not, check out our resources section and find yourself a good solicitor or a service that provides licensed legal advice and draft a claim for the courts. 

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