PLEASE READ BEFORE POSTING

Hello Forumites! In order to help keep the Forum a useful, safe and friendly place for our users, discussions around non-MoneySaving matters are not permitted per the Forum rules. While we understand that mentioning house prices may sometimes be relevant to a user's specific MoneySaving situation, we ask that you please avoid veering into broad, general debates about the market, the economy and politics, as these can unfortunately lead to abusive or hateful behaviour. Threads that are found to have derailed into wider discussions may be removed. Users who repeatedly disregard this may have their Forum account banned. Please also avoid posting personally identifiable information, including links to your own online property listing which may reveal your address. Thank you for your understanding.

Taking former landlord to court

Options
Snowyemma
Snowyemma Posts: 29 Forumite
in House buying, renting & selling
I rented a flat through an agency, then later direct through the landlord. No problems there. However, my landlord sold the building my flat was in, and I had quite a few problems with my new landlord relating to a business he was running in another property in the building. I decided to leave my flat, but now I'm having major problems trying to get my deposit back when I didn't break the terms of my lease. The deposit's held in a rent deposit scheme and they do run a dispute service, but both parties have got to agree to it, and guess what- my former landlord isn't agreeing. It's been over 6 months now, so looks like I'm going to have to take him to court to get my deposit back. Any advice???
«134567

Comments

  • MX5huggy
    MX5huggy Posts: 6,858 Forumite
    Name Dropper First Post First Anniversary
    Options
    Which scheme is the Deposit held in?
  • sinister_nutmeg
    sinister_nutmeg Posts: 39 Forumite
    Options
    yes, it would depend what sort of scheme it is. Have you spoken to the Deposit Scheme people yet? They should be able to advise you on the next step.

    Has the landlord given you a reason he won't refund the deposit?
  • mlz1413
    mlz1413 Posts: 2,894 Forumite
    Combo Breaker First Post First Anniversary
    Options
    As you say you didn't break the terms of the lease what is the LL disputing?

    Have the deposit scheme's dispute service had meetings with both of you or is it all done by letter? have they offered any advice?

    You can go to the smalls claim court which is relatively easy and can even be done on line, fees vary depending on the size of the claim but getting a CCJ does not automatically mean you get the money - so have a read through the advise on hmcs website before you go ahead.

    If you can name the scheme and the dispute then you might get more specific advise. Otherwise it is probably worth going to CAB or a free 1/2 hr session with a solicitor before court to ensure you have exhausted every avenue.
  • Planner
    Planner Posts: 611 Forumite
    Options
    mlz1413 wrote: »
    ....but getting a CCJ does not automatically mean you get the money - so have a read through the advise on hmcs website before you go ahead.

    Actually, in this case I think it would automatically mean they get the money, as the scheme will pay it directly to the former tenant once a court order has been presented to them stating this.
  • sinister_nutmeg
    sinister_nutmeg Posts: 39 Forumite
    Options
    yes, that's right as far as I know. Small claims court isn't too difficult, but there will usually be a way to resolve the problem without it. Without knowing which scheme we're talking about that's about as much as I can say!
  • sooz
    sooz Posts: 4,560 Forumite
    Options
    Planner wrote: »
    Actually, in this case I think it would automatically mean they get the money, as the scheme will pay it directly to the former tenant once a court order has been presented to them stating this.

    that would depend which scheme it is in. If it's been protected by an insurance based scheme, the LL still has the money.
  • Planner
    Planner Posts: 611 Forumite
    Options
    sooz wrote: »
    that would depend which scheme it is in. If it's been protected by an insurance based scheme, the LL still has the money.

    Yes and then the Insurance would pay out, otherwise there is little point in their existance isnt there?

    It will be one of the insurance schemes by the way, as the custodial scheme has a single claims process.
  • sooz
    sooz Posts: 4,560 Forumite
    Options
    Planner wrote: »
    Yes and then the Insurance would pay out, otherwise there is little point in their existance isnt there?

    It will be one of the insurance schems by the way, as the custodial scheme has a single claims process.
    can you tell I haven't used the insurance scheme :o
    How would that work then? The insurance pays up, & the LL gets to keep the money?
  • Planner
    Planner Posts: 611 Forumite
    Options
    sooz wrote: »
    can you tell I haven't used the insurance scheme :o
    How would that work then? The insurance pays up, & the LL gets to keep the money?

    The sole point of the TDS schemes is to protect the tenant. The custodial scheme holds the money and dishes it out after arbitration.

    With the insurance schemes, the landlord/agents buy an insurance poilcy for the sole protection of the tenant. If the landlord refuses to hand the money over if there is a dispute, the insurance policy kicks in.

    What happens after this, I am unsure. I suspect the TDS scheme/Insurer then takes legal action against the LL? - would be interesting to know.
  • clutton_2
    clutton_2 Posts: 11,149 Forumite
    Options
    this " i wont use arbitration" is the big flaw in the 2004 Act - it means that a stubborn LL or T can inconvenience the other for ages.

    i suggest that you call three schemes, find out which one your deposit is in, then read their T&Cs with a fine tooth comb to find out what their protocols are when Arbitration is refused

    it is easy to take him to court - but do prepare your evidence well.

    there is a MONUMENTAL thread on here written by Eagerlearner in which she took a real b*****d of a landlady to court and won - worth a read

    also try reading https://www.landlordzone.co.uk for more accurate legal advice than on here

    good luck
This discussion has been closed.
★ ★ ★ Meet your Ambassadors

Categories

  • All Categories
  • 343.6K Banking & Borrowing
  • 250.2K Reduce Debt & Boost Income
  • 449.9K Spending & Discounts
  • 235.8K Work, Benefits & Business
  • 608.8K Mortgages, Homes & Bills
  • 173.3K Life & Family
  • 248.4K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 15.9K Discuss & Feedback
  • 15.1K Coronavirus Support Boards