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Advice please: should I sue my landlord? (deposit dispute)
Aurore_2
Posts: 15 Forumite
I rented a studio flat for 1 year and left the flat end of November 08. During the tenancy, there was no problem with the landlord, he even wrote a good recommendation letter to my new landlord.
The problem was about giving me back the deposit: only 1 month after the check out visit, he sent me a cheque for a remaining £188 out of an initial deposit of £867, arguing that I had to pay for £450 of electricity bills and £228 of cleaning service. Moreover, he sent me a letter with the cheque detailing all the deductions (including 8 hours of cleaning service at £20 per hour in a flat of less than 20 square meters!)
There were no initial inventory list nor a check-out inventory list unfortunately. The landlord didn't even do the check-out visit himself, but left me with his so-called "business partner", who turned out to be the cleaning lady as I found out much later. When we finished the visit, this person told me the condition of the flat was OK and there was some cleaning to do, that was it. I left the flat without agreeing to any cleaning service, thinking that I would get all my deposit back less the electricity bills only. I was far from suspecting that they would charge me that much! (The calculation of the electricity bills was also wrong as he calculated a pro rata price based on a wrong date of moving in).
I called the landlord and wrote emails to him. In my 1st email, as I thought I was in a very weak position (I already lost the money!), I even proposed to share the cleaning cost, even if I disagreed with the rates and all the damages he claimed. Then, I found out about the deposit protection law, which totally applies to my tenancy (less than £25K, no landlord living in, no student accommodation). I was not aware of any protection for my deposit during my tenancy. In my second email, I said I didn't accept to pay for any bill I haven't seen nor for the cleaning service which is 2x more expensive than the market rates.
My landlord dropped me an email 3 days later, saying he was trying to contact the cleaning lady to ask questions. I did ask him in the second email if he protected my deposit, no reply!
Now, I am wondering whether I should sue him for 3x the deposit amount. My hesitations are: the legal costs and the likelihood of success of my case after a lengthy and probably stressful legal action.
What would you do please? What would be your advice?
Thanks a lot for your attention and advice!
Aurore
The problem was about giving me back the deposit: only 1 month after the check out visit, he sent me a cheque for a remaining £188 out of an initial deposit of £867, arguing that I had to pay for £450 of electricity bills and £228 of cleaning service. Moreover, he sent me a letter with the cheque detailing all the deductions (including 8 hours of cleaning service at £20 per hour in a flat of less than 20 square meters!)
There were no initial inventory list nor a check-out inventory list unfortunately. The landlord didn't even do the check-out visit himself, but left me with his so-called "business partner", who turned out to be the cleaning lady as I found out much later. When we finished the visit, this person told me the condition of the flat was OK and there was some cleaning to do, that was it. I left the flat without agreeing to any cleaning service, thinking that I would get all my deposit back less the electricity bills only. I was far from suspecting that they would charge me that much! (The calculation of the electricity bills was also wrong as he calculated a pro rata price based on a wrong date of moving in).
I called the landlord and wrote emails to him. In my 1st email, as I thought I was in a very weak position (I already lost the money!), I even proposed to share the cleaning cost, even if I disagreed with the rates and all the damages he claimed. Then, I found out about the deposit protection law, which totally applies to my tenancy (less than £25K, no landlord living in, no student accommodation). I was not aware of any protection for my deposit during my tenancy. In my second email, I said I didn't accept to pay for any bill I haven't seen nor for the cleaning service which is 2x more expensive than the market rates.
My landlord dropped me an email 3 days later, saying he was trying to contact the cleaning lady to ask questions. I did ask him in the second email if he protected my deposit, no reply!
Now, I am wondering whether I should sue him for 3x the deposit amount. My hesitations are: the legal costs and the likelihood of success of my case after a lengthy and probably stressful legal action.
What would you do please? What would be your advice?
Thanks a lot for your attention and advice!
Aurore
0
Comments
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Firstly, why was the electricty bill deducted from your deposit? Was the supply not in your name? If not, why not?
Second, check with the three schemes to see if the deposit was registered during the tenancy.
It sounds as though you may have grounds to request an additional return, using a threat of legal action, which is what I would suggest first.0 -
Thanks for your reply Enfieldian!
1. I had never received any bill during my tenancy. In the rental agreement, I agreed to a £200 rent per week excluding electricity. During one year, there was no mention about this from my landlord. When I moved out, he told me that I had to reimburse him because he paid for the bills as they all arrived at his home address.
2. I have checked with 2 schemes which provided an online search engine, there was no reference for my flat/name/landlord name... I will now check directly with the 3 schemes tomorrow, by phone. But I'm sure he didn't protect my deposit, otherwise, I would have receive a confirmation by them, wouldn't I?
3. In my second email to him, I asked if he protected my deposit. He didn't reply. Maybe should I make the threat clearer?0 -
Hi,
You have the upper hand.
The fact there is not an inventory check carried before or after is in your favour. He has no way of proving the condition of the property either before or after the tenancy. The landlord is running a business and should be well aware of the law regarding deposits.
I would not mess around but send him a letter giving him seven days to return to you the deposit minus any money you actually owe.
On the seventh day complete an application with Money Claim Online (MCOL). It will cost you £85 in fees and take about twenty minutes. Claim for all the deposit back plus three times the amount of the deposit plus any additional expenses, court fees and interest.
It will then be up to the landlord to provide evidence why he should not repay the deposit to you. The judge will not be symathetic with him.
When you get the award it should not be too much trouble to enforce payment as he owns property.
Forget phone calls and emails, keep all correspondance in writing, easier to keep an audit trail and to carefully plan what you want to say.
Good luck.Named after my cat, picture coming shortly0 -
Thanks a lot!!! I'll write him a letter before action to him then.
About the amount of the claim, would you say that it should be £867 + 3x £867 + £85 court fees + 5% interest on £867+ what else? and minus electricity bills?
I will keep you posted!0 -
Definatley claim, but you must use moneyclaim on-line. This is not the correct way to issue TDS non-compliance claims. You need to print of a N208 Part 8 claim for from the HMCS website, fill it in and take it to the county court in person. The cost is a set cost of £150. You can claim the original deposit + x3 compensation.
In terms of the letter before action you are writing, send the filled out N208 form along with that (no need to sign it etc), to show you mean business.0 -
You need to print of a N208 Part 8 claim for from the HMCS website, fill it in and take it to the county court in person.
What they said!
... Your LL doesn't have a leg to stand on.
No more e-mails -- everything in writing & recorded delivery from now on.
Don't let on what you're doing by phone or email so he doesn't have time to retrospectively protect the deposit. If he HAS protected the deposit, already, call in their arbitrator to agree on deduction.
£450 for a year of electricity is cheap, so if he can provide the bills as proof that sound OK. The rest you should get back ...0 -
Thanks for all your comments!
But can he do this protection retrospectively? I already left the flat!
What happens if I start the claim and before the hearing, he reimburses me all the deposit ? Does that cancel my claim? Does this mean I have to bear all the legal fees?
Is it fair to say that whatever happens (even if he reimburses me the deposit before the hearing), he did not comply with the deposit protection law? and I have a fair chance of winning the case for 3 times the deposit?
Thanks!0 -
Thanks for all your comments!
But can he do this protection retrospectively? I already left the flat!
What happens if I start the claim and before the hearing, he reimburses me all the deposit ? Does that cancel my claim? Does this mean I have to bear all the legal fees?
Is it fair to say that whatever happens (even if he reimburses me the deposit before the hearing), he did not comply with the deposit protection law? and I have a fair chance of winning the case for 3 times the deposit?
Thanks!
Yes he could retrospectivley protect your deposit. At which point it appears that any claim submitted would be void, as the two reasons for beginning a court claim and recieving the subseqent x3 'compensation' are a) The deposit isnt protected and b) you have not recieved the prescribed information.
Hopefully the letter before action and accompanying N208 form will get the depsoit protected so you dont have to make a claim and can instead use the arbitration scheme.0 -
I have never received any information at any time on the deposit protection. So, b) still applies, no?
Please, Planner, what is that arbitration scheme and what could I get from this?
Thanks,
kim0 -
I have never received any information at any time on the deposit protection. So, b) still applies, no?
Please, Planner, what is that arbitration scheme and what could I get from this?
Thanks,
kim
As a) hasnt been complied with you wont have recieved b ).
If you submit a claim and the landlord retrospectivley protects the deposit, then you will then recieved the prescribed information.
The arbitration schemes are the dispute resolution services offered by the three Tenancy Deposit Schemes. You wont be eligable to use the relevant arbitration scheme until (if) your deposit is protected.0
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