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  • FIRST POST
    • tonyblair96
    • By tonyblair96 1st Dec 17, 4:30 PM
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    tonyblair96
    Advice please: landlord does not return my deposit
    • #1
    • 1st Dec 17, 4:30 PM
    Advice please: landlord does not return my deposit 1st Dec 17 at 4:30 PM
    I rented a house as a lodger so i lived in the same property as the landlord. I signed a contract saying that I would leave after a month.
    However, the landlord stopped answering to my calls or messages, where i am trying to get my deposit back. So i went to his house but she told me she would return the deposit in a week or so as i left the property clean and i did not damage anything...
    I suspect she thought that since i'm an international student she could just behave like this.

    A month has passed and i have decided to solve the dispute with small money claims online, the amount she owes me is 250£. How much should i claim?
Page 1
    • Comms69
    • By Comms69 1st Dec 17, 4:35 PM
    • 1,212 Posts
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    Comms69
    • #2
    • 1st Dec 17, 4:35 PM
    • #2
    • 1st Dec 17, 4:35 PM
    £250? + costs?


    Why would you claim more or less?
    • tonyblair96
    • By tonyblair96 1st Dec 17, 6:19 PM
    • 8 Posts
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    tonyblair96
    • #3
    • 1st Dec 17, 6:19 PM
    • #3
    • 1st Dec 17, 6:19 PM
    Well i want to claim for the expenses (35£) for the money claiming service, plus interests on the 250£ 5% it just seems reasonable?
    • Pixie5740
    • By Pixie5740 1st Dec 17, 6:25 PM
    • 11,196 Posts
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    Pixie5740
    • #4
    • 1st Dec 17, 6:25 PM
    • #4
    • 1st Dec 17, 6:25 PM
    How much do you calculate the interest to be on 5% of £250 for the time period between leaving the property and now?
    Annual income twenty pounds, annual expenditure nineteen pounds nineteen and six, result happiness. Annual income twenty pounds, annual expenditure twenty pounds nought and six, result misery.
    • G_M
    • By G_M 1st Dec 17, 6:36 PM
    • 42,221 Posts
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    G_M
    • #5
    • 1st Dec 17, 6:36 PM
    • #5
    • 1st Dec 17, 6:36 PM

    A month has passed and i have decided to solve the dispute with small money claims online, the amount she owes me is 250£. How much should i claim?
    Originally posted by tonyblair96
    You claim £250 plus costs.

    The interest is not worth the effort. 1% pa on £250 is £2.50 per annum. £2.50 /365 is 0.0068p per day, so 30 days/1 month is £0.20 (aprox).

    You do not need to calculate the exact costs as this will not be known till the court date - it will be added on if you win.

    Can you prove

    * you paid the deposit and how much (eg receipt)
    * you gave the correct notice
    * you did not cause any damage
    * you did not owe any rent

    If so, you should win.
    • tonyblair96
    • By tonyblair96 1st Dec 17, 6:46 PM
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    tonyblair96
    • #6
    • 1st Dec 17, 6:46 PM
    • #6
    • 1st Dec 17, 6:46 PM
    Yes.
    I have a video of the whole property before moving (so you can imagine how much i trusted this individual) plus i have photos of her backyard (where i was supposed to enter) full of trash and with a terribly overgrown garden, photos of various insects inside the house and photos of the rotten door.

    I transferred the money with my bank account so i can prove i gave it to her

    I sent a letter before notice to her address, giving a week of notice (i have sent her innumerable messages but she did not reply)
    • Cakeguts
    • By Cakeguts 1st Dec 17, 7:23 PM
    • 3,261 Posts
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    Cakeguts
    • #7
    • 1st Dec 17, 7:23 PM
    • #7
    • 1st Dec 17, 7:23 PM
    Why did you transfer money to someone before you had seen the property? This is what it sounds as if you did from what you have written.
    • tonyblair96
    • By tonyblair96 1st Dec 17, 7:36 PM
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    tonyblair96
    • #8
    • 1st Dec 17, 7:36 PM
    • #8
    • 1st Dec 17, 7:36 PM
    I was still in my country, I am a student and i'm studying in the UK. But this is not the issue i'm not asking for Any compensation regarding the condition of the house. I was just saying that i have sound proof of the condition of the house.
    • Cakeguts
    • By Cakeguts 2nd Dec 17, 12:49 AM
    • 3,261 Posts
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    Cakeguts
    • #9
    • 2nd Dec 17, 12:49 AM
    • #9
    • 2nd Dec 17, 12:49 AM
    I was still in my country, I am a student and i'm studying in the UK. But this is not the issue i'm not asking for Any compensation regarding the condition of the house. I was just saying that i have sound proof of the condition of the house.
    Originally posted by tonyblair96
    There are a lot of rental scams in the UK and it is never a good idea to pay money to rent anything until after you have seen it.

    To get your money back you will have to take the landlord to the small claims court in the UK.
    • G_M
    • By G_M 2nd Dec 17, 11:42 AM
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    G_M
    ...

    To get your money back you will have to take the landlord to the small claims court in the UK.
    Originally posted by Cakeguts
    Which seems to be exactly what tony is planning to do.

    I sent a letter before notice to her address, giving a week of notice
    I assume you mean a 'Letter Before Action'?
    • tonyblair96
    • By tonyblair96 2nd Dec 17, 11:54 AM
    • 8 Posts
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    tonyblair96
    Yes, i sent her a letter and i tried calling her several times. At one point i even visited her house, she reassured me that i would get the money by the next week but nothing. So i can't waste my time with this thing anymore. It can't be said that i haven't tried to resolve the dispute pacifically.
    • 00ec25
    • By 00ec25 2nd Dec 17, 12:50 PM
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    00ec25
    Yes, i sent her a letter and i tried calling her several times. At one point i even visited her house, she reassured me that i would get the money by the next week but nothing. So i can't waste my time with this thing anymore. It can't be said that i haven't tried to resolve the dispute pacifically.
    Originally posted by tonyblair96
    make sure you have sent a letter that is clearly headed "Letter before action"

    yes you have tried to claim the deposit but as you are now at the stage where you want to go to court you must have done a formal letter before action prior to starting the actual court process
    • deannatrois
    • By deannatrois 2nd Dec 17, 1:44 PM
    • 4,901 Posts
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    deannatrois
    Have you thought about what you will do if you win the case but the LL still doesn't pay?

    You will have to pay for Bailiffs. This again can be added to the LL's costs, but only works if they manage to collect the monies owed.
    • tonyblair96
    • By tonyblair96 2nd Dec 17, 2:23 PM
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    tonyblair96
    Yes i sent a formal letter before action, with the format provided by uk.gov's website. And no i haven't thought about what happens next i mean what am i supposed to do? The government should act.
    • 00ec25
    • By 00ec25 2nd Dec 17, 2:42 PM
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    00ec25
    The government should act.
    Originally posted by tonyblair96
    no, you are a private individual with a legal dispute with your ex landlord. It is for you to deal with the situation as an adult, not for "the government" to breast feed you as a child

    start court action - although if you are no longer here in the UK you will need someone who is here to attend court on your behalf.
    Last edited by 00ec25; 02-12-2017 at 3:43 PM.
    • JoJo1978
    • By JoJo1978 2nd Dec 17, 2:52 PM
    • 171 Posts
    • 158 Thanks
    JoJo1978
    OP I think that you need to be prepared that taking court action could be costly to you and there will be no guarantee if you win that all of your costs will be covered. You may still be out of pocket even if you get the original amount owed to you back.
    Hamster in the wheel (London) 1999-2017
    Mortgage free since 2015; Pension pot sorted 2017
    Second career (what TBD!) 2018
    • tonyblair96
    • By tonyblair96 2nd Dec 17, 3:10 PM
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    tonyblair96
    I understand that but there should be a way for me to get this money back
    • G_M
    • By G_M 2nd Dec 17, 3:20 PM
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    G_M
    I understand that but there should be a way for me to get this money back
    Originally posted by tonyblair96
    Read up on the entire court processs before you start. Briefly (very!)

    * Letter Before Action
    * You (claimant) make Claim
    * defendant enters defence
    * court hearing and decision
    * enforcement

    There are various ways to enforce judgement (payment) if you win

    * bailiffs
    * a Charge placed on a property owned by the defendant
    * attachment of earnings from defendant's salary

    See also

    https://www.theguardian.com/money/2010/nov/20/small-claims-court-enforce-judgment
    Last edited by G_M; 02-12-2017 at 3:22 PM.
    • 00ec25
    • By 00ec25 2nd Dec 17, 3:44 PM
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    00ec25
    I understand that but there should be a way for me to get this money back
    Originally posted by tonyblair96
    there is, it's what you have been told several times already - take legal action
    • beckysheffield
    • By beckysheffield 2nd Dec 17, 4:10 PM
    • 15 Posts
    • 1 Thanks
    beckysheffield
    Do you have the contract? Are you still in Uk? Can you go to your student union? can you get and SMS with her asking for the funds to be returned?
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