Getting deposit back from landlord

captain_insano

Having moved out back in May, I have yet to get my deposit back from my landlord. The landlord indicated when I handed in my notice that it should take up to six weeks. I have since emailed him twice in August (and received no reply). Have been to the CAB and they suggest putting it in writing instead of an email but I wanted people's opinions on where I can go from there if that isn't successful. It isn't only me who is waiting for the deposit either as someone else moved out exactly the same time and is having the same problem, my main worry is we're not getting any reply at all. Any suggestions or letter templates that I could follow from a legal point of view?

:T

pinkshoes

Send him a letter, recorded delivery, asking him to return your full deposit within 7 days, otherwise you'll be taking him to the small claims court. No need for legal jargon, as it's quite a simple process.

Did he protect the deposit in the scheme?

tbs624

If you are Eng/Wales, was your tenancy deposit paid to the LL after 6 April 2007?

If it was then it should, by law, have been scheme-registered and the “prescribed information” on the scheme given to you within 14 days of you paying the deposit across.

You would need to check this bit out first: if that date is relevant in your case then you can do it yourself initially via email or phone:

TDS: [EMAIL="deposits@tds.gb.com"]deposits@tds.gb.com[/EMAIL] 0845 226 7837
TDSL: [EMAIL="info@mydeposits.co.uk"]info@mydeposits.co.uk[/EMAIL] 0871 703 0552
DPS: [EMAIL="enquiries@depositprotection.com"]enquiries@depositprotection.com[/EMAIL] 0870 7071 707

Save a copy of the response email (or ask them to confirm in writing if you are checking by phone) so that you have a record of the date on which the check was made.


If your deposit is not registered (and should have been) then you can write to the LL along these lines: ( if the deposit regs don't apply in your case then remove the refs to the scheme registration)

Letter Before Action (this phrase must appear at the top of your letter)

Dear LL

Re Tenancy of (full address) from….until…………(dates of term)

I moved out of the above property on ……….., having left the property in the same condition as at the start of the tenancy, fair wear and tear excepted, and with all relevant bills paid up to date.

Under the Housing Act 2004, my deposit of £ should have been scheme-registered and "prescribed information" provided to me within 14 days of you receiving the deposit: I have checked with each of the 3 schemes and there is no record that this was done

I have emailed you …….times, on…., ……., and….. about the return of my deposit but have not had any response from you (copies of those emails are attached for your reference).

I am now formally requesting that you refund my deposit to my new address within the next 7 days.

I would prefer that this was resolved amicably but if I have not received my deposit by ……….(date 7 days from delivery of letter) I will begin recovery proceedings via the Small Claims Court, to include interest and court fees, and will also seek an award of 3x the deposit amount for non compliance with the registration requirements.

Hand deliver/send rec delivery and keep a copy.

If you can post back with the response,you'll get suggestions for the next bit if that doesn't bring you a result (and it all helps other tenants who may be having similar difficulties)

Premier_2

If the deposit wasn't originally protected and the LL is refusing to return your deposit despite your requests, then the only lawful way to force the issue is to start proceedings in a county court.

The process is quite simple and the forms self explanatory. You can obtain the necessary forms online or from a county court where the staff will also be pleased to help you over any questions reagrding the process (but not the legality of the claim itself - only the judge can decide that)

maximus9

I'm in the same position as captain_insano, my deposit was never protected under the scheme and despite several 'the cheque is the post' responces from my landlord, I went to Citizen's advise who told me that I should ask him to pay up or would take the matter to court for three times the deposit. I only have a mobile number for him and as he never picked up I had to text him this. Well he relied very angry, said the carpet was stained (it wasn't) and said he'd give me £250 of the £303 back. I was short, needed the cash and agreed but surprise surpise no money.

1) His company is registered to the rental address although he does not live there. This is the only address I have for him. He gets bills there. can I take him to court with that address?

2) He allowed another housemate to move into the room without seeing it first. He told me this on the phone. This housemate told him the carpet was stained so obviously did this himself and is blaiming me. I have no photos, just my word against his. What happens if we get to court and he lies and says I ransacked the room and it cost more than my deposit to fix it up? He says if I take him to court he will counter sue me to replace the carpet!

I don't want this man to get away with it but only want to go for it if I have a bomb proof case. Help!

tbs624

Maximus - welcome as a Newbie (For future ref, it's less confusing for everyone if you can start your own thread - new thread button top left)
Anyway:

Have you “googled” him/ his company to see if any other info comes up?

Was no separate address for the LL given in your tenancy agreement?

Have you checked at the Land Registry to see if he is registered at another address as the owner of your rented property? (Online -costs you just a few quid)


If there wasn’t/he isn’t then its likely that he is letting the property without consent from his lender, if he has a mortgage.

Do you still have a copy of the gas safety certificate or recall seeing an alternative address on there?

You could try contacting the local authority an/or utility suppliers as they may have an separate address for billing when the property has rental voids

Did you pay the rent by standing order - if you did, then the bank should have his address.

Now whilst many of these will try to claim that they cannot release such info under ”data protection rules” the Data Protection Act 1988 S35 makes an exception:

“S35 (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.”

If the rental property is the only address you can unearth, and you know that he collects mail from there then you could try hand delivering a letter before action, with a witness present and take it from there.

Was there an inventory completed at the start of your tenancy & signed by both parties?

If a LL wants to make a deduction from a tenant’s deposit s/he has to be able to show that that the damage was caused by the tenant - if he has nothing to show what the condition was at the start of the tenancy, and did not check the condition himself at the end of the tenancy, then he will struggle.

Unfortunately, there is no such things as a “bomb proof case” but you may be inspired if you read Eager Learner’s monumental thread - see here

You could also contact Shelter 0808 800 4444 (7 days 8-8) for advice. Let your MP know via email how the tenancy deposit regs have failed to protect your deposit.Link here

maximus9

Thankyou and I will try to do it properly yesterday - the exitement of getting some help got me a bit carried away! In order of your questions:

His company comes up on a small company search, registered to the rental address.

Fool that I am, having lived three years in three different properties whilst and Uni and never have a problem, I signed one copy of the agreement and he never got round to giving me a second.

I went on www.landregistryonline.gov.uk (cost £3) His name was spelt differently on the result I got so I will try the electeral role again with this name. His address is the address of the property.

Don't remember the gas saftet Cert.

He pais all the bills not the tenants and what looked like bills addressed to him came to the house.

I did pay by standing order - you think its worth me calling his bank?

There was no inventory, but I agreed everything was fine in the tenancy agreement. He failed to arrange when to come and see me before I moved even though I gave him over one month's notice. So he did not see the property when I left and let another housemate move in their before he saw it. (he got me to leave the keys in the kitchen so anyone could have gone in there). That housemate told him the carpet was stained so it is my word against his. I doubt if my LL would admit in court that he let someone else move in there before he saw the condition of the room. Any way I can get round this?

I spoke to shelter and they said no one has managed to claim 3X their deposit once they've moved out as there is a loop hole which means LL can get out of it. But they said I should go for it and see what happens. I might go to the house and try to get the housemate (Ididn't see much of them) to let me in so I can have a look and have a word. maybe get them to sign something to say they moved in before the LL saw the room. I doubt they will be helpful though.

Premier_2

First of all, who is the LL specified on the TA? Is that a specific person or a company?

Only if it's a company should you be oursuing that compnay.

Under company law, the registered office must be a place accepted as where legal notices have be served - so if it really is the company you should be pursuing, then you have an address (albeit the same one as you used to live in)

The difficulty ultimately comes in actually getting the money even if you win judgement. Let us assume you are correct to sue the company, and for the sake of argument you win such matter by default because the company was unaware of the summons (since it was sent to the rental address), how will you enforce the judgement?

If the matter should actually be against the individual as LL, then you'll need an address to serve notice (or at least a location where you know the LL often is so that a bailiff can serve notice in person). Again, how would you enforce any judgement?

Be aware that as a claimant, the judge will look to you to prove the basis of a case else he might dismiss it without even asking the defendant anything - that's if the defendant doesn't ask beforehand to dismiss the matter as no case to answer. Have you the necessary evidence to prove the matter? Your lack of inventory and questions over what happens if the defendant lies suggests you may not have the necessary evidence to support a claim.

I would suggest you seek independant legal advice before spending good money chasing bad. The CAB should be able to provide you with a list of local solicitors who could provide you with a free initial interview that should establish the best way to proceed.

tbs624

Maximus9, can you clarify exactly what you meant by

“there was no inventory, but I agreed everything was fine in the tenancy agreement.”

and

“Fool that I am, having lived three years in three different properties whilst and Uni and never have a problem, I signed one copy of the agreement and he never got round to giving me a second.”

Have you rented 3 properties from this same LL?
If this is the case, when did you pay the deposit to him, and did he retain it between tenancies or was it returned to you in between?
Or do you mean that you signed up for this property for say 6 months and the contract went onto a month-by-month agreement (periodic)


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tbs624

Premier wrote: »

.....Be aware that as a claimant, the judge will look to you to prove the basis of a case else he might dismiss it without even asking the defendant anything - that's if the defendant doesn't ask beforehand to dismiss the matter as no case to answer. Have you the necessary evidence to prove the matter?

If you read back through Maximus9’s original post Premier. you’ll see:

maximus9 wrote: »

my deposit was never protected under the scheme

If the deposit should have been registered (ie was received by the LL after 6April 2007) and wasn’t, then M can simply get proof of this from each of the 3 schemes. AFIAA the LL cannot now rush to register it prior to a hearing as Maximus9 is no longer a Tenant

maximus9 wrote: »

Your lack of inventory and questions over what happens if the defendant lies suggests you may not have the necessary evidence to support a claim.

If the LL wants to make a deduction then it’s the LL who has to prove that the condition has altered due to the action or omission of the Tenant, rather than the other way around, and if the LL didn’t complete an inventory of some kind then s/he will struggle to do that.

paintpot

maximus9 wrote: »

I spoke to shelter and they said no one has managed to claim 3X their deposit once they've moved out as there is a loop hole which means LL can get out of it. But they said I should go for it and see what happens. I might go to the house and try to get the housemate (Ididn't see much of them) to let me in so I can have a look and have a word. maybe get them to sign something to say they moved in before the LL saw the room. I doubt they will be helpful though.

This is the second tenant I have seen state that Shelter is advising tenants that a case for 3xdeposit is unlikely to be successful if the tenancy has ended.

Have there been cases where the tenant has been unsuccessful **because** the tenancy has ended? What is the "loophole" that the OP/Shelter is referring to. Anyone know?