Please help re flat deposit

hjb123 · 1 August 2006 at 5:21PM

Have you tried https://www.b4usearch.com ?

musey · 1 August 2006 at 6:19PM

EagerLearner wrote:

Our precise text to the letting agent relating to their obligation was:

"xxxx advised me today that we must now deal directly with the landlord of the above property with reference to getting our deposit back.

We are unable to do this as we signed the letting contract with Parks and it is Parks who are withholding our deposit."

They can't just dump us :mad:

We have since been told via e-mail by ARLA that we can get her address under Section 35 of the Data Protection Act, so I will fax the Council (I already have the Data Protection officer details from a call just now) and see what comes of it.

We are also sending the demand letter via Special Delivery to the c/o address tomorrow regardless, unless of course the Council fax us a current address.

Thanks all, I hope for more news - small steps but positive and keeping me sane as I feel I'm doing something rather than just waiting. :T

Just in case you find it helpful, here is the wording (plus link) to section 35 of DPA

35. - (1) Personal data are exempt from the non-disclosure provisions where the disclosure is required by or under any enactment, by any rule of law or by the order of a court.
(2) Personal data are exempt from the non-disclosure provisions where the disclosure is necessary-
(a) for the purpose of, or in connection with, any legal proceedings (including prospective legal proceedings), or
(b) for the purpose of obtaining legal advice,
or is otherwise necessary for the purposes of establishing, exercising or defending legal rights

http://www.hmso.gov.uk/acts/acts1998/80029--e.htm#35

I have used this successfully to extract details from a Local Authority, so fingers crossed it will be useful to you. 2 a and 2b are the important ones for you.

I would write to both the letting agent and local council requesting information.

Don't give up on this!!!!

Slightly off topic, one of your earlier posts suggested to me that the property was a HMO (house in multiple occupation) do you think the landlord has a licence from the local council for running a HMO? If not a word with your local Housing Aid/Private Rented Satandards section of the council could cause your landlady a world of hassle if the property is not up to current HMO standards (these include things like, mains powered optical heat sensors and fire alarms, ½ hour fire doors throughout fitted with intumescent strips). Anyone residing in an unlicensed HMO is not obliged to pay rent and the owner can face a fine of up to £20,000)

See link for further details http://www.communities.gov.uk/index.asp?id=1151996

Donnie · 1 August 2006 at 7:51PM

It's unclear as to whether you have undertaken a Land Registry search on the property that you inhabited.

EagerLearner · 2 August 2006 at 9:32AM

musey wrote:

Just in case you find it helpful, here is the wording (plus link) to section 35 of DPA

35. - (1) Personal data are exempt from the non-disclosure provisions where the disclosure is required by or under any enactment, by any rule of law or by the order of a court.
(2) Personal data are exempt from the non-disclosure provisions where the disclosure is necessary-
(a) for the purpose of, or in connection with, any legal proceedings (including prospective legal proceedings), or
(b) for the purpose of obtaining legal advice,
or is otherwise necessary for the purposes of establishing, exercising or defending legal rights

http://www.hmso.gov.uk/acts/acts1998/80029--e.htm#35

I have used this successfully to extract details from a Local Authority, so fingers crossed it will be useful to you. 2 a and 2b are the important ones for you.

I would write to both the letting agent and local council requesting information.

Don't give up on this!!!!

Slightly off topic, one of your earlier posts suggested to me that the property was a HMO (house in multiple occupation) do you think the landlord has a licence from the local council for running a HMO? If not a word with your local Housing Aid/Private Rented Satandards section of the council could cause your landlady a world of hassle if the property is not up to current HMO standards (these include things like, mains powered optical heat sensors and fire alarms, ½ hour fire doors throughout fitted with intumescent strips). Anyone residing in an unlicensed HMO is not obliged to pay rent and the owner can face a fine of up to £20,000)

See link for further details http://www.communities.gov.uk/index.asp?id=1151996

Thanks musey - the fact is we have already called the council and they won't give the address. They said all they could do was post something on for me, which is useless as the landlady will claim she never got it, plus we need her real address in order to even start court proceedings so it's catch 22.

The agent are saying we need to deal with her direct, which we feel is unfair but they are not budging.

(PS: It is not a shared house - it's an entire building she owns, with 3 flats that she lets out - she has given all of us the c/o address)

EagerLearner · 2 August 2006 at 9:38AM

Hi all,

We have no choice but to text the landlady - the agency won't help and we can't find her real address. My O/H texted her last week when we got the agency instruction to communicate with her directly. He said to her that we'd been instructed to deal direct, therefore can we have her address.

Last night she texted, completely ignoring our request for her address. All she said was she is in touch with the heating engineer about the radiator cover and will let us know when she gets a quote.

The only option we have would seem to be softly, softly approach until she submits her paperwork. Therefore we won't send the demand letter until Friday or Monday. Believe me, I'd be serving her the court documents today if only we had her address.

I can't believe this is happening - anyone renting, please always always make sure your landlord gives you their real address.

irnbru_2 · 2 August 2006 at 9:40AM

EagerLearner wrote:

Thanks musey - the fact is we have already called the council and they won't give the address.

Which council is it?

clutton_2 · 2 August 2006 at 9:57AM

Landlords do not have to give their real address. However, i believe that if you have proved that you have served a notice (recorded delivery) letter to her, at the address on the AST, then legally it is up to her to collect mail, and you may consider the mail "delivered" whether she collects it or not.

i would also definitely add onto your court claim "consequential losses" - ie costs of time off work to visit CaB, phone calls, letters, ANY cost you have incurred as a direct result of this. You can get this to add up to £thousands if you try hard !!!! The judge may not award it all, but, you will be reimbursed for some of your time/costs/aggravation !!

i would also go to Shelter - seriously - take a day off work and get an appointment, they know just about everything there is to know about Property law.

let us know how things progress - best wishes

EagerLearner · 2 August 2006 at 10:07AM

irnbru wrote:

Which council is it?

Hi irnbru - it's AIDA district council in Shoreham - the lady was very understanding but still a dead end for us.

EagerLearner · 2 August 2006 at 10:11AM

clutton wrote:

Landlords do not have to give their real address. However, i believe that if you have proved that you have served a notice (recorded delivery) letter to her, at the address on the AST, then legally it is up to her to collect mail, and you may consider the mail "delivered" whether she collects it or not.

i would also definitely add onto your court claim "consequential losses" - ie costs of time off work to visit CaB, phone calls, letters, ANY cost you have incurred as a direct result of this. You can get this to add up to £thousands if you try hard !!!! The judge may not award it all, but, you will be reimbursed for some of your time/costs/aggravation !!

i would also go to Shelter - seriously - take a day off work and get an appointment, they know just about everything there is to know about Property law.

let us know how things progress - best wishes

Hi Clutton - thanks for your support :T - the county court told me yesterday that we cannot take her to court with a c/o address. Does this mean if we remove the 'c/o' from the address, we can? Problem is a Mrs Clark lives there, so we know it's not the landlady.

Believe me, if we can catch this slippery woman we will be claiming stress and much more!

I will prob take time off to go and get advice next week if we don't hear anything soon re her text last night.

gerryh_2 · 2 August 2006 at 10:25AM

Hi. Have you tried https://www.192.com searches for names in directory enquires & electoral register.

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Please help re flat deposit

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