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Tenancy deposit legal advice please/

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Old 22 November 2012, 06:51 PM
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SRSport
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Default Tenancy deposit legal advice please/

Anyone know of any good no win no fee solicitors who will pursue a tenancy deposit scheme breach of contract? It appears that my estate agents never placed it in the scheme. Had they returned the deposit in full I would never had thought twice, however they have creamed off fees that I was not given any opportunity of disputing.

It now looks as though they never actually placed into a scheme, presumably so they could deduct at will.
Old 22 November 2012, 07:00 PM
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addi monster
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If your deposit was under £1000 you will be hard pushed to get any no win no fee solicitors to have a look at it mate,.
Old 22 November 2012, 07:02 PM
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SRSport
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It was only £575 but I believe that I am entitled to 3x the deposit I paid, taking it over £1000 in case value.
Old 22 November 2012, 07:16 PM
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Infected by sti
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Why are you entitled to 3 x the value? Care to elaborate
Old 22 November 2012, 07:19 PM
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nik52wrx
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I'm a landlord and as such use a deposit scheme via the agents we use. Myself and tenants get proof deposits are paid into a scheme which going by the rules so should you have.

Try the link below, it might help.

https://www.gov.uk/tenancy-deposit-p...t-your-deposit


Nik

Last edited by nik52wrx; 22 November 2012 at 07:21 PM.
Old 22 November 2012, 07:22 PM
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nik52wrx
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It's what the county court can make the landlord payout for not using the scheme.
It's a legal requirement to use deposit schemes so the letting agents have a lot to answer for in this case.
Nik


Originally Posted by Infected by sti
Why are you entitled to 3 x the value? Care to elaborate

Last edited by nik52wrx; 22 November 2012 at 07:25 PM.
Old 22 November 2012, 07:30 PM
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dukeoffenland
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Threaten to take agent to court and go papers

I'm a landlord and its a big thing not putting it in the scheme . You can look online to check
Old 22 November 2012, 08:11 PM
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SRSport
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Thats what I would like to do but where do I begin? I have read the procedure but to be honest it seems very stressful and daunting. The main reason I would do this is because they are very sneaky, deceitful and have made life very difficult when we were with them. It is there greed that has prevented them from putting it in a scheme.

When I rented out my house my tenant left mould everywhere due to neglect. I didnt charge her as I felt I should redecorate anyway for whoever lived there next and there wasn't any damage as such. It makes me so disappointed when landlords/estate agents grab every single penny simply because they can. I find it immoral which is why I want to pursue this.
Old 22 November 2012, 08:34 PM
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vindaloo
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Originally Posted by SRSport
Thats what I would like to do but where do I begin? I have read the procedure but to be honest it seems very stressful and daunting. The main reason I would do this is because they are very sneaky, deceitful and have made life very difficult when we were with them. It is there greed that has prevented them from putting it in a scheme.

When I rented out my house my tenant left mould everywhere due to neglect. I didnt charge her as I felt I should redecorate anyway for whoever lived there next and there wasn't any damage as such. It makes me so disappointed when landlords/estate agents grab every single penny simply because they can. I find it immoral which is why I want to pursue this.
Write to them or get a solicitor to write to them demanding satisfaction. They would appear to have put themselves in a difficult position.

A quick internet search for "tenancy deposit scheme" brings up many interesting links that may be of use, whether directly or indirectly.

J.
Old 22 November 2012, 08:46 PM
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SRSport
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I dont really care about making money for myself, more that these agents should be taught a lesson. This is why I am so keen to use a solicitor, do it right and do it well. I dont want to be out of pocket should something go wrong though hence my no win no fee question.
Old 23 November 2012, 05:37 PM
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I have 30 minute free consultation with a solicitor on Tuesday.
Old 23 November 2012, 06:08 PM
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I'm interested to know what fees the agent "creamed" off you? Was it a check out fee
Old 23 November 2012, 11:12 PM
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SRSport
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Yes it was. I signed in the contract that I would pay this but to be honest had no choice. It is also deemed as an "unfair term" so wouldnt stand up legally anyway. I was intending to contest this which Im sure I would win but never had the opportunity.
Old 24 November 2012, 03:04 PM
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mattstant
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Originally Posted by dukeoffenland
Threaten to take agent to court and go papers

I'm a landlord and its a big thing not putting it in the scheme . You can look online to check
Dittto here we manage 45 houses and 10 flats and wouldnt dream of dealing with an agent who doesnt keep the deposits in an approved scheme.
There has been some seriously fradulent behaviour and bankruptcies in the past.
I would have thought the threat to report them would be enough.

check this out

sr sport is correct he MAY get 3 times his deposit back

"If the court finds your landlord hasn’t protected your deposit, it can order the person holding the deposit to either:
repay it to you
pay it into a custodial TDP scheme’s bank account within 14 days

The court may also order the landlord to pay you up to 3 times the deposit within 14 days of making the order"

https://www.gov.uk/tenancy-deposit-p...t-your-deposit

Last edited by mattstant; 24 November 2012 at 03:10 PM.
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