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.

Deposit Not Returned

Options
245

Comments

  • Kathiravans7
    Options
    MrJB wrote: »
    Kathiravans - I would suggest doing some research on the company in question and the director you refer to. But simple facts are: - the company you refer to is effectively worthless. The director who's name you mention has 59 open directorships, 63 retired and 20 closed. Many of the active companies have gazette notices as well as recent adverse credit reports - all academic as he will not be personally liable anyway.

    Hi, Does this mean if I go to court and win the case to get my security deposit back, is there any chance that I will get the money back, since the director has already a bad history. Please advise what the bad history of the company and the director actually means to me.
  • theartfullodger
    theartfullodger Posts: 14,661 Forumite
    Name Dropper First Anniversary First Post
    edited 20 April 2016 at 9:52AM
    Options
    As paperwork said "license to occupy" and "serviced apartments" they are claiming these are not ASTs.

    Can you tell us a little more about what "service" the apartment got?? e.g. cleaning, change of linen, meals?? If pretty much nothing then you probably actually had a AST and could sue for up to 3xdeposit, plus return of deposit.

    If you have all the paperwork & time try Shelter Slough...
    http://england.shelter.org.uk/get_advice/advice_services_directory/slough
  • Kathiravans7
    Options
    Hi All,

    I am planning to proceed for court action. As per my research I understand I need to follow below steps. Could someone please validate if these steps are correct and clarify my doubts on these steps please.

    Step1:

    I will visit below website

    gov.uk / make-court-claim-for-money/overview

    In this case, my claim would be for deposit amount which is not yet returned. This is £1089.1. Hence the online money claim fees would be £70. Is that correct?

    So the total claim would be £1089.1 + around £20 interest + £70 as court fees which comes as £1179.1. Please note this cheating by the landlord has caused me severe stress and depression. Please inform if I can claim any cost towards this mental agony I am undergoing. What is the guideline for this?

    After your advice, I’ll submit the claim.

    Step2:

    After I make this court claim, then the court sends my claim to my Defendant. In my case With the past experience of ignoring letter, I am sure the defendant will not respond for this also. The court provides 14 days to reply.

    Step3:

    In the scenario where the defendant doesn’t respond after 14 days I will ask the court to order the defendant. Is there any separate fee for asking the court to order the defendant? What is the fees and where it is mentioned please?

    Step4:

    The court will call for hearing which anyways my defendant will not respond. Here how many days the court will provide for the defendant to respond?

    Step5:

    In case where my defendant doesn't respond, I need to ask the court to enforce the order which is called as Bailiff (Am I correct?). It seems here I need to pay again a court fees. Please inform how much would be the fees? Please also mention the website link where this fees is mentioned.

    Step6:

    Hope then the enforcement decision would be sent to Bailiff team. How many days Bailiff team would take to recover my money and pay me back? In my case I will request the court to freeze my defendant's Barclays bank account to which I paid my security deposit and the rent. Is that fine? Will the bailiff team would freeze the defendant's bank account and take the money from the account and give to me. Is it possible?
  • Kathiravans7
    Options
    As paperwork said "license to occupy" and "serviced apartments" they are claiming these are not ASTs.

    Can you tell us a little more about what "service" the apartment got?? e.g. cleaning, change of linen, meals?? If pretty much nothing then you probably actually had a AST and could sue for up to 3xdeposit, plus return of deposit.

    If you have all the paperwork & time try Shelter Slough...

    There was no service performed. The flat was provided was exclusive usage and the landlord doesn't enter and provide any service.

    I already contacted Shelter who sent the Letter before claim for which the landlord didn't react. Shelter further advised me to go to court on my own.
  • AdrianC
    AdrianC Posts: 42,189 Forumite
    First Anniversary Name Dropper First Post
    Options
    A quick google on the property (now redacted for obvious reasons) finds that it's being marketed much more as a hotel alternative than as a residential-tenancy alternative. While this isn't legally conclusive, obviously, it certainly points away from it being an AST towards a licence.
  • j.sun94
    Options
    Did you end up getting your deposit back? Because Me and couple of other friend of mine are currently facing the exact same situation in other properties that are owned Max estate ltd.
  • RAO2016
    RAO2016 Posts: 1 Newbie
    edited 14 October 2016 at 1:13PM
    Options
    I too facing the same problem with , 60 st faith lane. Norwich Apartement.

    I have vacated the house 3 months back still the deposit not returend. No response.

    (Text removed by MSE Forum Team)

    Some days they given response saying , we are working on it. then no response from last 1 month.

    They knowingly not responding,It looks Max estates fraud company....

    Could you please help on this.
  • DmitriyDer
    Options
    Hello, we have faced the same problem.

    Did you manage somehow to get your money back?
  • baldelectrician
    Options
    If you go through the hassle and cost to get a court decree then you may be wasting money.


    I know that in Scotland once a court order has been done a claimant can go to the court for a 'rent arrestment order' which is served on a tenant in a rental property- this makes it an offence for the tenant to pass the rent to the agent / landlord until the court decree is settled.


    I don't know if the English Courts have something similar
    baldly going on...
  • DmitriyDer
    Options
    Hi,

    At the moment, I know at least 4 different people (except the ones who previously posted here) who experience the same problem. So, this company is breaking the law SYSTEMATICALLY. I thought that if we act collectively we have a higher chances in the court.

    In Addition, there is a Clause in our Licences Agreement which states - " a deposit of £946.50 before taking occupation, which the Owner must return on vacation of the Property by the Licensee at the determination of this agreement subject to deduction of a reasonable amount to compensate the Owner for any damages or losses occurring through breach of this agreement." The important bit is this ... which the Owner must return on vacation of the Property by the Licensee ... In this case, Owner is not following the contract and breach it!

    How do you think?

    Regards
    If you go through the hassle and cost to get a court decree then you may be wasting money.


    I know that in Scotland once a court order has been done a claimant can go to the court for a 'rent arrestment order' which is served on a tenant in a rental property- this makes it an offence for the tenant to pass the rent to the agent / landlord until the court decree is settled.


    I don't know if the English Courts have something similar
This discussion has been closed.
Meet your Ambassadors

Categories

  • All Categories
  • 343.5K Banking & Borrowing
  • 250.2K Reduce Debt & Boost Income
  • 449.9K Spending & Discounts
  • 235.7K Work, Benefits & Business
  • 608.7K Mortgages, Homes & Bills
  • 173.3K Life & Family
  • 248.3K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 15.9K Discuss & Feedback
  • 15.1K Coronavirus Support Boards