Advice please: should I sue my landlord? (deposit dispute)

Aurore_2

I have prepared a "letter before action" where I reminded him of my past propositions which were very cooperative and all the reasons why I disagree with the deductions. I also remind him that my deposit was not protected and that the court can order 3x compensation, which is £2,600.
I am proposing not to go to court for the non compliance on the deposit protection if he sends me £900 as a global compromise enveloppe (my deposit equivalent amount £867 plus 4% interest rate he earned for 1 year) within 7 days.

If not, I'll go to court!

(I think that my proposition is very "soft" from his point of view: instead of paying £867 + interest + £2600 + legal fees = c. £3600, he would pay only a total of £900 + £188 (the first cheque for remainder) +c. £368 (electricity bills) = c. £1400. If he is reasonable, he will see that he can save c. £ 2000! I have been very soft!!)

Please cross fingers for me!!

Planner

Aurore wrote: »

I have prepared a "letter before action" where I reminded him of my past propositions which were very cooperative and all the reasons why I disagree with the deductions. I also remind him that my deposit was not protected and that the court can order 3x compensation, which is £2,600.
I am proposing not to go to court for the non compliance on the deposit protection if he sends me £900 as a global compromise enveloppe (my deposit equivalent amount £867 plus 4% interest rate he earned for 1 year) within 7 days.

If not, I'll go to court!

(I think that my proposition is very "soft" from his point of view: instead of paying £867 + interest + £2600 + legal fees = c. £3600, he would pay only a total of £900 + £188 (the first cheque for remainder) +c. £368 (electricity bills) = c. £1400. If he is reasonable, he will see that he can save c. £ 2000! I have been very soft!!)

Please cross fingers for me!!

I think you are showing weakness by saying you will accept £900. Dont put a figure on it, simply say you are willing to negotiate and would expect an offer in 7 days. You should also print off, fill in and send the N208 form to show you mean business.

Aurore_2

great, thanks! I'll follow your advice!

Planner

Aurore wrote: »

great, thanks! I'll follow your advice!

Your welcome. I can give you some suggested wording to put on the N208 form if you are going to send it with your Letter before action.

Premier_2

Aurore wrote: »

great, thanks! I'll follow your advice!

I would suggest you follow the advice of the 3 TDS and get some independant legal advice first!

(I think I mentioned that before too)

Why do you think the LL will send you £900? I thought you said the tenancy ended Nov 2008 - that's what 6-8 weeks ago? Why do you think you are owed 4% for a year? Did the TA promise this?

And what happened to the £188 you already acknowledged the LL has returned?

I think your faint hope to obtain 3x the original deposit is clouding your judgement at present. Go and get independant legal advice before doing anyting rash.

Aurore_2

Yes, please!!!
I copied a standard form I found on the Internet already (see below), but I haven't mentioned any of the deductions under dispute yet.. Should I mention them in the form? How can I mention them?


................
The Claimant claims under section 214(1)(a) of the Housing Act 2004 that the deposit of £867 required by the tenancy agreement dated 1 November 2007 in respect of the premises at xxxxxx made between the Claimant and the Defendant was not paid into an appropriate tenancy deposit scheme (in breach of section 213(1) of the Housing Act 2004), or that the Claimant did not receive the prescribed information concerning which Tenancy Deposit Scheme was holding the deposit within 14 days of the Defendant's receipt of the deposit (in breach of section 213(3) of the Housing Act 2004).
And the Claimant asks that the court make an order:
1. That the person who appears to the court to be holding the deposit do repay it to the Claimant, in accordance with section 214(3) of the Housing Act 2004.
2. That the Defendant do pay to the Claimant, within 14 days of the making of the order, a sum of money equal to three times the amount of the deposit, in accordance with section 214(4) of the Housing Act 2004.
3. The Claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year, from 30 November 2008, i.e. the date where the deposit should have been returned to 21 January 2009 of £ 9.88 of interest, and interest at the same rate up to the date of judgment or earlier payment at a daily rate of £0.19.
The Claimant is therefore seeking payment of £3,468, plus the court fee and interest.

Aurore_2

Thanks, Premier for your comment. I agree with Planner that I should not propose any amount in that lettre before action and let the LL make a proposition fisrt. The 4% for example is precisely something I could negotiate, as well as the £188.
Yes, I tried to seek legal advice... I called a friend working as barrister in my company (she doesn't know much about this law unfortunately), but she thinks I should ask and negotiate a compromise amount while threatening him of legal action.
I also called a solicitor website (which normally provides you with the phone number of a solicitor in your area). The person told me that I had a strong and straightforward case and the cost of the solicitor would be disproportionate... She didn't have any interest in saying that, I guess.

Planner

Aurore wrote: »

Yes, please!!!
I copied a standard form I found on the Internet already (see below), but I haven't mentioned any of the deductions under dispute yet.. Should I mention them in the form? How can I mention them?


................
The Claimant claims under section 214(1)(a) of the Housing Act 2004 that the deposit of £867 required by the tenancy agreement dated 1 November 2007 in respect of the premises at xxxxxx made between the Claimant and the Defendant was not paid into an appropriate tenancy deposit scheme (in breach of section 213(1) of the Housing Act 2004) and that the Claimant did not receive the prescribed information concerning which Tenancy Deposit Scheme was holding the deposit (14 day stuff deleted) (in breach of section 213(3) of the Housing Act 2004).
And the Claimant asks that the court make an order:
1. That the person who appears to the court to be holding the deposit do repay it to the Claimant, in accordance with section 214(3) of the Housing Act 2004.
2. That the Defendant do pay to the Claimant, within 14 days of the making of the order, a sum of money equal to three times the amount of the deposit, in accordance with section 214(4) of the Housing Act 2004.
3. The Claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year, from 30 November 2008, i.e. the date where the deposit should have been returned to 21 January 2009 of £ 9.88 of interest, and interest at the same rate up to the date of judgment or earlier payment at a daily rate of £0.19.
The Claimant is therefore seeking payment of £3,468, plus the court fee and interest.

Yep looks like mine word for word - I have tweaked the above quote ..... you didnt happen to get it from Landlordzone, CAG or Houseprice Crash did you?

Aurore_2

waouh! it was your wording? Double thanks then, Planner! I don't remember where I found it... maybe landlordzone?
I really appreciate your help on all this issue!

Do you think I should add also a mention about the deductions that I think were unjustified?

Planner

Aurore wrote: »

waouh! it was your wording? Double thanks then, Planner! I don't remember where I found it... maybe landlordzone?
I really appreciate your help on all this issue!

Do you think I should add also a mention about the deductions that I think were unjustified?

No I dont. There is a distinct difference between a N1 (regular county court claim) and a N208 claim. In a N1 claim (Money claim online or N1 form to county court), the contents are 'open for discussion' i.e the landlord can argue with you over a damaged carpet or a dirty oven and counterclaim against you. In a N208 claim, all this is removed there can be no arguing (make sure you enforce this should it ever go to court) and if the landlord wants to argue any points he must raise a seperate, regular N1 claim against you.

Dont mention the deuctions. I would also suggest you put the full amount of the deposit that you originally paid, not just the amount that is still owing. The amount that has already been paid will be off-set against any judgement.