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

Aurore_2

Please, what do you think of this wording for my letter before action:

[.....]
I am willing to compromise again: I am willing not to take action on the grounds of the non protection of the deposit if I can receive a “compromise” envelope, i.e. a fixed amount which has to be greater than the amount of my initial deposit. This will correspond partly to a return for the part of the deposit which you still owe me, partly to a compensation for all this unpleasant process and delay and partly to a compensation for the relinquishment of my rights to go to Court to claim for £2,600 of compensation for non protection of my deposit. Please let me know your offer within seven days of the date of this letter, by 21 January, to my email address as indicated above.
I look forward to your reply. If I do not receive any proposition within seven days, I regret that you will leave me with no alternative but to take court action to recover the deposit.

Premier_2

Aurore wrote: »

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.

Seek independant legal advice from someone who knows this area of the law!

The letter before action should explain the basis of your claim (and this will have to be on the claim notice if you plan to include a copy). It should also express your desired remedy, else how else can the defendant possibly know what they are expected to do to remedy the situation before you go trotting off to the court???

Now if you really expect the LL to pay you 4x the deposit back plus extra despite him already having paid you back some of the original deposit you may as well order the taxi to the court now!

What is there to negoitiate over the £188??? The LL paid it to you, he can probably prove it if necessary, but that shouldn't be necessary as you have already stated you have received it.

But it sounds like you are hell bent on making this vexatious claim so I'll leave it at that.

Aurore_2

Sorry, it was misleading to include the £188 in the same sentence as "negotiate the interest"... I don't deny having received that cheque, what I don't want my LL to say is because I already cashed the cheque, that means that I agree with the deductions. Is there a risk of this happening?
I cashed in the cheque because I thought at the time that it's better to receive that than nothing, and I thought it was very simple just to call him and say that the deductions are excessive, and negotiate the deductions and everything will be sorted... I made several cooperative propositions, I always leave him 1 or 2 days before chasing, but all I get as answer is that he is clarifying some questions with the cleaning lady... Even on the electricity bills where he made a mistake in the calculation of the prorata occupation, I have no answer.

The more I have to wait, the more I feel cheated!

If I ask for advice on this forum, it's because I want to avoid the risk of having my claim called "vexatious claim"!

Premier, I appreciate all your comments. But I don't understand yet your opinion about what you would do yourself if you were in my position?

I also think that the point about the non compliance claim being a completely separate matter from the deduction dispute may be seen as logical...

Aurore_2

UPDATE:

So, last week, I sent the LL "a letter before action", he fisrt replied that he would give back the deposit. I said that it was too late now that he failed to cooperate for 1 month and to protect the deposit at all... and I asked for 2.5x the deposit plus what he still owes me as a remainder of the deposit in exchange for not taking legal action.
I have just received his cheque with the requested amount!

Thanks, Housing Act!
Thanks a lot for all your comments and advice!!
and, SPECIAL THANKS TO PLANNER FOR YOUR ADVICE AND SUPPORT!!!
Insightful and altruist people like you are very precious on those Forums!

Aurore

tbs624

Good to hear a positive result - well done Aurore (get it banked asap). You clearly won't be needing that taxi that Premier ordered for you...;)

Planner

Aurore wrote: »

UPDATE:

So, last week, I sent the LL "a letter before action", he fisrt replied that he would give back the deposit. I said that it was too late now that he failed to cooperate for 1 month and to protect the deposit at all... and I asked for 2.5x the deposit plus what he still owes me as a remainder of the deposit in exchange for not taking legal action.
I have just received his cheque with the requested amount!

Thanks, Housing Act!
Thanks a lot for all your comments and advice!!
and, SPECIAL THANKS TO PLANNER FOR YOUR ADVICE AND SUPPORT!!!
Insightful and altruist people like you are very precious on those Forums!

Aurore

Excellent news!!!!
I will beat Premier with this ALL DAY!!!! :T

m7n8

Hi Guys,
I have been looking at this forum and have found it very helpful... So Aurore, I was about to ask you what the end result was, and just saw it. I am in the position that my deposit hasnt been returned to me and I moved out of the property in july 2009 last year - its a considerable amount - £1875, AND my deposit wasn't protected by any of the 3 tenancy deposit schemes. I have chased and chased and chased him... and he is making no contact now after making excuses for a couple of months, he has run out of them and is deciding to ignore me.
I have asked a solictor, to send a letter to him, which he did, but it hasnt worked. Now I am being advised by the solicitor to go to small claims court, because I can't afford the legal fees he would be asking for.
Now, I am going to request 3x the deposit because he didnt register our deposit with the scheme and has breached the contract by not returning the deposit or even raising a dispute within 14days of leaving the property. Do I apply for 3xdeposit + deposit + legal fees that I would have to pay at small claims.. And what is the difference between small claims and county court.. which do I go for? I know that he is not allowed to make any deductions, as he did not register the deposit with the schemes - which he was trying to do when i last spoke to him - so long ago. I think the new tenants deposit is now protected in one of the schemes - but ours wasn't for sure...
Any advice on how to do things and what my chances are...?

Thanks