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Our landlord made us leave our flat five days before our contract had ended. Now he will not give us our deposit back. What are our rights?

Our tenancy started in July this year but the landlord never gave us details on where the deposit was being held. Our landlord then made us leave our flat five days before our contract had ended. We have moved out but have not received our deposit back and as we had to leave five days early we ended up leaving quite a bit of stuff behind. What are our rights? He owes us £900.

If the tenancy started on or after 6 April 2007 the deposit must have been held by an authorised account holder under the Tenancy Deposit Scheme (TDS), details of which must have been given to you within 14 days of the start of your tenancy.

If it is not held under a TDS you should sue your landlord in the County Court who will award you the return of the deposit and compensation against your landlord for his breach of the TDS regulations amounting to three times the value of the deposit. The landlord can possibly avoid the compensation payment by paying the deposit into a TDS however.

We can write a letter of claim to your landlord and draft proceedings for you to issue and serve for a fixed fee of £400 + VAT.

If your landlord forced you to leave the property early you have a claim for damages for unlawful eviction pursuant to the Protection from Eviction Act. Your local authority's housing department may also prosecute him if you advise them of the circumstances surrounding the matter.

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by Maria Mason last modified 2008-10-20 12:28

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