Getting deposit back from landlord

maximus9

To reply to TBS624's first question.

When I signed the tenancy agreement the LL and I agreed that the room was in perfect condition, I feel there must have been a reference to this in the document I signed.

Sorry to be unclear - my previos rentals were with three different, honest LLs

maximus9

To reply to Premier,

The name of the bank account that I paid into was the company name so I believe the TA would be the company name. Although the 'company' is just this individual. I'm wary of persuing him as he is a wealthy man and crafty as a fox.

Confusing replies between you and tbs624! but its good theres people out thereto advise. My CAB was very hopeful but knew about as much as I did - they are there if I need to go back to them and will look into things further for me but that would mean time off work.


I'm reading the thread tbs624 suggested.. what an epic!

olly300

maximus9 wrote: »

To reply to Premier,

The name of the bank account that I paid into was the company name so I believe the TA would be the company name. Although the 'company' is just this individual. I'm wary of persuing him as he is a wealthy man and crafty as a fox.

As the guy is a company then Companies House would give you information about who are directors of the company and who is the company secretary if there is one.

However if anyone acts as a company then what they can do if they get enough court orders is wind up the company and start a new one without paying any off the debts off.

The only way to take action against him would be to get an organisation like Trading Standards or CAB to get him disqualified as a director.

However none of this will get your deposit back. Contacting Trading Standards is easy - just go to their website http://www.tradingstandards.gov.uk/and email the local office of his address giving concise but an unconfusing account (put it in chronological order) of what happened making it clear that it is a company not an individual you are complaining about.

I would also contact Shelter via email for advice - https://www.shelter.org.uk .

olly300

paintpot wrote: »

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?

People here have posted links to such cases. I suggest you do a search.

From what I can remember in one case the landlord didn't protect the deposit in the time limit specified by law but the tenant didn't get 3 times their deposit because the judge decided it wasn't reasonable to do this.

Also I've found personally legal advice from any organisation or some solicitors should be taken with a pince of salt. If you actually know people who have been in the same or similar predicament, and will give you an honest account you will get more legal information out of the if they understand the process. The only other thing you can do is to get a barrister to give you tips if you are lucky to know or meet one.

maximus9

I don't know if anyone still looks at this thread, But following on from the advise people agve me, I contacted companies house who confirmed the company is not registered so I can take my LL to court. I have contacted my local Court and they are happy for me to use the adress I have for him which is the rental property. I have looked on the land registry and that is his adresss on there.

I am now writing to my CAD for advise on taking him to Court.

So thank you all for your help,

I will let you know how I'm getting on and undoubtably ask further questions!