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Late Deposit

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390 views 1 replies latest reply: 05 August 2015
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Tenant

My Letting Agents failed to inform me where my Deposit was being lodged.Having contacted My Deposit Scotland I found that the letting agents had not lodged the deposit with them,because of my e’mails to the letting agent they lodged it some 5 months later.Can I report them,and who to.

can anyone help me.

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Administrator

Hi David

You can make a claim against the agents/landlord. This is what TDS England says about it:

“This (30 days) is an absolute time limit and a tenant will be able to make a claim from 31 days after deposit payment if the requirements relating to protection and prescribed information have not been met. The claim will be for the return of the full sum of the deposit along with a penalty of between one and three times the sum of the deposit, to be awarded at the discretion of the Court.

The claim can still be made even if the deposit has been protected, or the Prescribed Information provided, after 30 days, although the courts will then take the fact that protection has occurred into account when deciding what level of penalty to impose.”

So you can make a claim even if it has now been protected (I would assume this is the same in Scotland?). Claims are made via a small claims court.

Alex

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