Please help re flat deposit

irnbru_2 · 1 August 2006 at 11:03AM

EagerLearner wrote:

The only problem is, we don't know if we can claim the full £625 in court so is this the amount we should put down in the last paragraph? We always expected an amount to be deducted (maybe £100?).

I would claim back the £625 and let the LL justify to the court that you should receive less.

The fact that you expect to loose £100 will give you leeway in the court to accept some charge against you. A judge may perceive this as reasonable behaviour on your part.

Remember your LL is going to have to explain why she hasn't returned anything

EagerLearner · 1 August 2006 at 11:08AM

Scarlett1 wrote:

EagerLearner have you thought about actually going back to the property and knocking on the door and asking for LL's address from the new tenants

Even if they dont give it to you, you can bet that they would inform her that you have been round asking and it will show the lengths you are willing to go to reclaim the deposit, it might prompt her to have the funds released

Thanks Scarlett1 - we will drop round there to talk to the new tenant and ask for an address if she has one - I guess she'll get an idea of the kind of landlady she's now stuck with

However I suspect deeply that she will have given the new tenant the same instructions she gave us - to never ever give any of her contact details to other tenants... :rolleyes:

EagerLearner · 1 August 2006 at 11:09AM

irnbru wrote:

I would claim back the £625 and let the LL justify to the court that you should receive less.

Remember your LL is going to have to explain why she hasn't returned anything

Thanks Irnbru - excellent advice, we'll go with the above letter then unless anyone else has any advice / comments. Should we send the letter a copy of the completed Small Claims form them?

Murtle · 1 August 2006 at 11:13AM

Personally I really would stop all attempts of locating her address except through official channels. She will have to explain her behaviour and she could say that you have been hassling her tenants etc. Send all communications through the Estate agent people as they are still working for her as they still have your money so they must know how to contact her. Send letters asking for your money back or court procedings will be started within x days. Then start court proceedings at that time. I would also stop asking for reasons why she thinks she should be allowed to keep the money, as that will go round in circles. She thinks it, you don't. Be firm, stand your ground. At the end of the day, if she makes no further contact with you or the estate agent they will have to release your funds if the courts see fit.Please stop going round in circles though, you'll make your self dizzy.x x x (this pc doesn't allow formating so I apologise for the cramped message!!)

EagerLearner · 1 August 2006 at 12:13PM

Thanks Murtle - as per advice on this board I have just been to County Court to collect forms - the bad news is that they say they cannot serve papers on a c/o address.

We presumably can now only write to the letting agent, despite them saying they want no more to do with it? If we write to them claiming court proceedings this isn't really true, as we can't go to court without the address?

Murtle · 1 August 2006 at 1:00PM

Can you claim court proceedings against the estate agents as they are in effect holding your money and not providing you with the address of the person you need to contact?M

EagerLearner · 1 August 2006 at 1:59PM

The letting agency finally e-mailed just now:

"Sorry i never got this to you first thing, i was in a meeting then i was out of the office on appointments.

As per our conversation yesterday we do not manage the above property and therefore any further correspondance or telephone conversations must go directly to your Landlady."

Have now faxed and e-mailed them back stating we need the landlords current address and also cc'd the e-mail to ARLA.

ARLA tell me that we have to exhaust the letting agents 'complaints procedure' (ha!) before complaining to ARLA about the agent.

So this will still go on and I appreciate you all hanging in there and continuing to help - in the meantime the landlady has not been in touch with us or the agent. Probably too busy rennovating another property at a tenants expense.

Murtle · 1 August 2006 at 2:05PM

If they are holding your money then they still have to deal with the case. If they are not holding your money and have given it back to her, then it's theft. I would take some time out of work and head over to the CAB if you can!!

EagerLearner · 1 August 2006 at 2:44PM

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

EagerLearner · 1 August 2006 at 4:16PM

Hi all,

dead end with Brighton & Hove - wouldn't release address and recommended talking to a different council. Spoke to them too and they have the address but cannot give it out. They said maybe an online people search would be good - can anyone recommend any? We have first and last name (if you have access to free searches PM me please....).

Many thanks,

Sophie

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Please help re flat deposit

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