Deposit Dispute
The client is experiencing a deposit dispute with their lettings agents in Western Australia. Despite having moved out earlier this year, the client reports that a check-out report has not yet been completed. Consequently, the deposit has not been returned, and the client has faced repeated ignored communications when seeking updates. This situation has prompted the client to consider legal action against the lettings agents.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkWhat are the legal steps I need to take to recover my deposit from the lettings agents?
To recover your deposit, first, confirm whether it was protected by a government-authorised deposit protection scheme. If not, you could potentially claim a penalty from the landlord. Next, attempt to resolve the issue informally by contacting the lettings agents directly, preferably in writing, detailing your request for the deposit return. If this fails, consider using the deposit protection scheme's dispute resolution service or a formal letter before action. As a last resort, initiate a claim through the small claims court for the recovery of your deposit.
What is the timeframe in which the lettings agents are legally required to return my deposit?
In Australia, lettings agents or landlords must return a tenant's deposit within a specified timeframe once both parties agree on the amount to be returned after the tenancy ends, provided the deposit is protected under a government-authorised tenancy deposit scheme. If an agreement on the return amount cannot be reached, the deposit will be held until the dispute is resolved.
Are there any penalties or additional compensation I can claim if the lettings agents fail to return my deposit on time?
If your deposit was not returned within the stipulated timeframe after you and your landlord/letting agent agreed on the amount to be deducted, you may be entitled to claim compensation. Under local housing laws, if your deposit was not protected in a government-approved scheme, you could claim a multiple of the deposit amount as compensation.
What evidence do I need to provide to strengthen my case if I decide to take legal action against the lettings agents?
To strengthen your case, gather evidence such as the tenancy agreement, correspondence with the lettings agents (emails, letters, or messages) showing your attempts to recover the deposit, and any receipts or documentation proving the deposit was paid. Ensure all documentation is clear, organised, and dated to substantiate your claims.
How does the deposit protection scheme apply to my situation and what options do I have if my deposit was not protected?
Your deposit should have been protected under a government-backed tenancy deposit protection scheme. If it wasn't, you can apply to the local court for your landlord or lettings agent to return it. The court can order them to repay the amount as compensation if your deposit wasn't protected.
