Getting a deposit back..

tbs624

owensmum75 wrote: »

Still waiting for a response to our last letter.......

Don't mean to sound harsh Owensmum but you have been posting about this since last December and you have had plenty of suggestions from quite a few posters. You now either need to just get on and proceed direct to the county court or give up and forget about your money.

owensmum75

You were the one who asked me to keep this updated! Jesus i won't bother next time.

owensmum75

t1gger wrote: »

£150 for cleaning doesn't sound totally unreasonable if they got cleaners in and someone to tidy the garden.

He's chancing it with the carpet tho, sounds like you're paying for wear and tear.

It wasn't a cleaner. It was just the new tenant.

tbs624

owensmum75 wrote: »

You were the one who asked me to keep this updated! Jesus i won't bother next time.

As in updated with what happens , not what doesn't happen . My post probably reads more abruptly than I intended it to - it's simply that after this length of time the only way you are going to pin this LL down over your deposit is to get on and actually take the matter to court . You really have spent more than enough time waiting and he hasn't played ball..

owensmum75

tbs624 wrote: »

As in updated with what happens , not what doesn't happen . My post probably reads more abruptly than I intended it to - it's simply that after this length of time the only way you are going to pin this LL down over your deposit is to get on and actually take the matter to court . You really have spent more than enough time waiting and he hasn't played ball..

Ah I get ya!!! :rotfl:
One will let you know as a letter came this morning from LL but I haven't had chance to get it yet!

N79

tbs624 wrote: »

As in updated with what happens , not what doesn't happen . My post probably reads more abruptly than I intended it to - it's simply that after this length of time the only way you are going to pin this LL down over your deposit is to get on and actually take the matter to court . You really have spent more than enough time waiting and he hasn't played ball..

I agree with this completely. You are going to have to go to court to have any chance with this LL. If you are not prepared to do this then I suggest you write the money off. The small claims court is easy and there is no need for you to be intimidated.

I would also point out that your belief that the deposit should have been protected on renewal is not universally held (you can argue all you like about what "paid" actually means) and therefore claiming under this is not a sure fire win.

tbs624

Agree with N79's comment about no sure fire win but there has been another recent case (again not binding on other courts) in which it was held that the deposit should be registered when and if a pre-April 2007 tenancy is renewed ( Clerkenwell & Shoreditch CC).

Some lawyers are suggesting that it may be worth testing whether or not a deposit should also be registered when an original FT tenancy agreement expires and the agreement becomes periodic.

The legislative draftsmen should quite simply have stated that *all* tenancy deposits have to be registered regardless of when they were paid. If anything , those who have been long term tenants are probably more at risk of having some of their deposit withheld when they finally leave, partly because the issues around what constitutes FW&T become more contentious after a longer tenancy.