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Tenant deposit scheme
Comments
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Sorry Emsy, long day.emsywoo123 wrote: »Oh dear, what does this mean?
The court fee payable depends on the amount of money you are claiming, including interest, and you may be entitled to a fee remission depending on income.
You may also have to pay further fees depending on whether a case proceeds as disputed/ defended, if a judgement is awarded but no payment is forthcoming etc.0 -
emsywoo123 wrote: »Thank you tbs, for your detailed reply.
Do you have any advice about what I should do?
Emsy - I think Sooz's reply above sums the situation up best. As things stand at the moment there just have not been enough cases through the courts. It would be good to see Shelter, the CAB or some of the community lawyers getting some test cases through the system.
It's a gamble at the moment, and it really shouldn't be. The law is not working as it should be and its clear that amendments need to be made to the wording. The greater the number of tenants who harangue their local MP and the Housing Minister (plus the Shadow Housing Minister because they need something to do as well;)) the more likely it is that the legislation will be looked at again.
Are you expecting difficulty with the LL over the return of your deposit?
Why not arrange a mutually convenient time before you move out for the LL/LA to come round and go through the property together - they have to give you details of any proposed deductions in writing and you can challenge them if you think you have grounds to do so.0 -
Emsy - I think Sooz's reply above sums the situation up best. As things stand at the moment there just have not been enough cases through the courts. It would be good to see Shelter, the CAB or some of the community lawyers getting some test cases through the system.
It's a gamble at the moment, and it really shouldn't be. The law is not working as it should be and its clear that amendments need to be made to the wording. The greater the number of tenants who harangue their local MP and the Housing Minister (plus the Shadow Housing Minister because they need something to do as well;)) the more likely it is that the legislation will be looked at again.
Are you expecting difficulty with the LL over the return of your deposit?yes, he is a sneaky 1.
Why not arrange a mutually convenient time before you move out for the LL/LA to come round and go through the property together I haev tried both wring and calling, as yet no response? - they have to give you details of any proposed deductions in writing and you can challenge them if you think you have grounds to do so.
this is all so complicated!!0 -
I am late in seeing this thread but I think you have had the best advice that anyone can give at the moment given the current status with deposits. Don't despair, use the advice you have been given and keep posting back if you need to and you will get further advice as your situation develops I am sure.0
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Hi emsywoo123,
I have been through the same thing.
Is the a rental through a lettings agency? If it is, then your Landlord, not the Lettings agency are liable for the deposit money to be paid back to you (minus any warranted deductions). It is then for the Landlord to chase the lettings agency through the small claims court to get their money back.
Contact Shelter http://www.shelter.org.uk/ or 0808 800 4444 and they can give you the advice you need. (they will also send you out a booklet free of charge).
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TomBridges wrote: »Hi emsywoo123,
I have been through the same thing.
Is the a rental through a lettings agency? If it is, then your Landlord, not the Lettings agency are liable for the deposit money to be paid back to you (minus any warranted deductions). It is then for the Landlord to chase the lettings agency through the small claims court to get their money back.
Contact Shelter http://www.shelter.org.uk/ or 0808 800 4444 and they can give you the advice you need. (they will also send you out a booklet free of charge).
Hi no it is a private landlord.
I may well contact Shelter, I suppose I need to see his next move really.....not that i seem to be able to get in touch with him.............0 -
Oh Lordy I hvae jsut looked for my receipt for the recorded delivery eltter and I cannot find it........and I emptied my bag and threw stuff out last night. What if he denies getting it? Oh this is going to be bad........0
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Hi emsywoo.
Your first port of call should be shelter on 0808 800 4444. They should be able to put you in touch with your local shelter branch where you should be able to get an appointment to see someone.. In the mean time ring your local CAB and get an appointment there.
One thing they will both probably tell you to do is ring each of the 3 tenancy deposit schemes and check if your home shows up, if not, then it isn't covered.
However, as you moved in May 2006 (i.e. beofre the scheme came into affect in April 2007), and you resigned in May 2007, i'm not sure if your deposit should be in a scheme or not..
Seeing as you said it is a private landlord, you will have to go through the small claims court process yourself... the Shelter leaflet explains what forms you need etc...0 -
Woah, Tom. It may not get to court -one stage at a time. Emsy has given notice and not yet moved out.TomBridges wrote: »....Seeing as you said it is a private landlord, you will have to go through the small claims court process yourself... the Shelter leaflet explains what forms you need etc...
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