The landlord does not pay back the deposit
Below you can find information about how you as a tenant can go forward if the landlord does not assist in paying back the deposit after the tenancy is over.
If the deposit is on a legal deposit account
A deposit must be placed in a locked bank account in the tenant's name.
When the tenancy is over, the tenant can ask for the landlord's written consent for the deposit to be paid back the tenant. Sometimes the landlord may hold that he has a right to the deposit.
How to proceed to claim the deposit paid back
Contact the bank
When the tenancy is over, you, as tenant, can contact the bank directly and ask that the deposit is paid out to you. The bank must then, without any unnecessary delay, notify the landlord in writing that the deposit will be paid out to you within five weeks.
The landlord can only stop the payment if he within this deadline can document that either
- You owe the landlord rent that is paid to a rent account in the same bank as the deposit account.
- You have agreed to the payment being made to the landlord, or
- The landlord has taken action (submitted a complaint to the Rent Disputes Tribunal or to court).
Wait
If the landlord does not provide the documentation as mentioned to the bank within the deadline of five weeks, the deposit should be paid out to you. The bank cannot hold the deposit any longer, or hold it back for other reasons than those mentioned above.
Be aware that is first when the bank notifies the landlord in writing that the deadline of five weeks starts to run. For that reasons it may be wise to ask the bank for a copy of the notice that is being sent to the landlord when you first reach out to claim the deposit paid out to you. This gives you the chance to follow up that the landlord is actually being notified immediately, and what happens when the deadline has expired.
About unpaid rent, in particular
If the landlord has documented that you owe rent to a bank account that is in the same bank as the deposit account, the deposit will initially be paid to the landlord
In this situation it is the tenant who needs to take action against the landlord within five weeks, to stop the payment. For all other claims than unpaid rent, it is the landlord who must take action to receive the deposit.
If the deposit is illegal
A deposit must be placed in a locked bank account in the tenant's name. If the deposit is paid directly to the landlord, either in cash or to the landlord's bank account, the deposit is illegal. In such a case, the tenant can claim the deposit paid back at any moment. As a main rule the tenant can claim interest from the day the tenant paid the deposit.
If the landlord does not pay back the deposit, you can submit a complaint to the Rent Disputes Tribunal.
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