Taking former landlord to court

Snowyemma

Thanks for all this. I'm gonna give him one more chance to agree to use the arbitration, but I'm not holding my breath.

The deposit's held by the Deposit Protection Service (www.depositprotection.com), which at least means my landlord doesn't hold the money directly, so I do have some hope of getting the money back. The scheme itself doesn't seem too helpful though- their response when my landlord rejected my claim was to send me a joint claims form so that we could agree how we could split the deposit between us... He then tried to counter claim and try to get all of the money back from the scheme for himself! Suspect it might be something to do with his business failing and struggling to pay his mortgage... He hasn't given me an official reason, but I suspect he'll try to say I left my lease early- but I have a signed letter from him giving me permission to do so!

I have had someone check over the terms and conditions of the scheme, and their advice was to take him to the small claims court. Guess I'll do more research on this whilst I'm waiting for my former landlord to reject my claim again...

clutton_2

DPS - i know it well !! if either party refuses arbitration then you will have to take him to small claims court. Suggest you write him a Letter Before Action - saying that you will issue proceedings unless he authorises DPS to release the monies to you and that since you have a signed letter from him that in your view the court will have to award in your favour.

what are his grounds for retaining the deposit ?

was an inventory done?

is he claiming damage ?

Planner

Odd, I actually thought it wouldnt be with DPS because I understand they have a single claim process that can be followed if the otherside is being difficult;

https://www.depositprotection.com/Public/FAQs.aspx?section=SingleClaim

tbs624

Snowyemma wrote: »

..........The deposit's held by the Deposit Protection Service (www.depositprotection.com), which at least means my landlord doesn't hold the money directly, so I do have some hope of getting the money back. ..

It doesn't matter which type of scheme your LL uses - whether s/he holds the deposit himself or not - the schemes all provide protection against a LL unilaterally seeking to make deductions.

Snowyemma wrote: »

The scheme itself doesn't seem too helpful though- their response when my landlord rejected my claim was to send me a joint claims form so that we could agree how we could split the deposit between us...

It's not clear from your posts whether you applied via the DPS originally or whether you contacted the LL direct to discuss the issue prior to talking to the DPS, and the LL "rejected your claim" at this point?

If the latter, then the DPS staff were right, in that the joint claims form is the starting point - the deposit return can be wholly agreed, partially agreed or disputed via this: if it's disputed then it can proceed to adjudication if both parties agree to be bound by the adjudicator's decision. If either party fails to provide the necessary info for the joint claim to proceed then the matter gets referred back to the LL, so you need to ask to speak to a DPS supervisor/team leader . (You do *sometimes* get staff members whose knowledge can be lacking and if reclaiming your deposit has been dragging on for 6 months you obviously need to be pushing it along.) Ask them to fully explain the single claims process to you. Whether you decide to use that, or the courts, you need to have your paperwork in order. Have you formally written to your LL requesting the return of your deposit (& kept a copy) and has he written back explaining what he wants to deduct and why?

Pepzofio

I don't know much about DPS, but I moved out of a property in mid-October, deposit in TDS scheme. LL decided to be difficult and refused to release deposit or provide LA with details of what he wanted to deduct or why! (Apparently he had a bug up his !!!! with the LA over a separate issue.)

I contacted LA in mid Nov as hadn't received deposit back and was advised to register a dispute with TDS as their hands were tied as they act for LL... I did so asap, LA backed my version of events & LL did not respond at all, so no complications as such, but I only received my deposit back a week ago!!

TDS 'aim to resolve disputes within 40 working days', but this date is taken from the day they register a dispute, not the day they receive it. In my case they received it on 27th Nov, but didn't register it until 4th Dec... So it took them a week to open an envelope! (They also spent 2 months telling me that the LL was trying to deduct £103.96, but could not tell me what this was for, then when I eventually got to speak to a manager was told that this was not the case at all & that 'the comment must have been put on my notes in error', as the LL hadn't responded at all - but that's another story...)

Luckily my parents were able to help me out with the deposit on my new place (I'd overlapped tenancies to make sure I had time to move out & clean old place - wish I hadn't bothered now!) but I still felt bad taking almost 6 months to pay them back when they were expecting the deposit back within a month or so. If I'd stuck it on a CC or taken a bridging loan I'd be well and truly up the proverbial...

Edit: OP - Sorry... Didn't mean to hijack your thread, but this is still a fairly touchy subject and the opportunity to vent was more than I could resist! What I'm trying to say is that even via dispute service it takes a loooooong time, so get the ball rolling asap.

Snowyemma

clutton wrote: »

what are his grounds for retaining the deposit ?

was an inventory done?

is he claiming damage ?

I'm wanting to respond to a few people here, but don't know if I can quote more than one person in the same message, so apologies in advance for the multiple replies!

The LL has never actually provided me with an official reason for retaining the deposit, other than the night I'd provided my formal written notice; he'd told me to provide a week's notice, I decided to play fair and give him a fortnight (I thought the removal van the next day moving most of my stuff might give the game away...), so he phoned and started shouting down the phone he was not going to return my deposit... He did call me back later and say he wasn't going to do anything, but looks like he just wants to be an awkward !!!!!!- he even tried to claim the letter he'd given me hadn't been written by him (the writing and signature matches other letters I have)!

I have an inventory by the original LA, but it's a pretty basic one- the flat was newly renovated, so it basically only had carpets, a fridge and a cooker; I'm not even sure the new LL had a copy of it... But I did make sure he did a walk round with me on the last day of my tenancy, and he said everything was fine! However, I do have various pictures of an electrical switch he'd left hanging off the wall, smoke detectors in the communal hall he'd left covered, and a questionable air vent with regards to planning regulations... If he tries to claim I left the flat in a bad condition, I'll counter claim with those!!!

Think his main interest in the building was the business downstairs, and having an occupying tenant upstairs was an inconvenience he hadn't fully thought about (I objected to a late licence application he made before becoming my landlord); I think he's trying to punish me for knowing my rights, knowing fine well he doesn't have a leg to stand on!!!!

Snowyemma

Planner wrote: »

Odd, I actually thought it wouldnt be with DPS because I understand they have a single claim process that can be followed if the otherside is being difficult;

https://www.depositprotection.com/Public/FAQs.aspx?section=SingleClaim

I knew the scheme had a single claims process, but as I understood the other party had to have ignored the joint claims process notification they'd have received rather than just rejecting it... Perhaps I'm wrong.

Not sure whether I should be going down the single claim process route or the small claims court route... I've found the online site to go through the small claims court, but I've never been to a Solicitor/Commissioner for Oaths/ Magistrate before, which is required for the single claims process... Guess I'm just a bit apprehensive about it, but it's gone on so long now I'd do almost anything to get my money back!!!

Snowyemma

tbs624 wrote: »

It's not clear from your posts whether you applied via the DPS originally or whether you contacted the LL direct to discuss the issue prior to talking to the DPS, and the LL "rejected your claim" at this point?

I applied to the DPS directly, without having contacted the LL. When I was having problems following my objection to his late licence application I started getting threats from him, so I'm wanting as little direct contact with him as I can possibly get away with. Although I don't live far from my former flat, I have provided my father's address in another town, as I'm not happy with the LL knowing my current address.

tbs624 wrote: »

Have you formally written to your LL requesting the return of your deposit (& kept a copy) and has he written back explaining what he wants to deduct and why?

As I've said, I haven't contacted the LL directly since I left the property, but I have got all the correspondence I've ever received regarding the property, as well as texts he's sent me and details of phone calls/visits he made to me. The council licencing committee even have a copy of the letter he'd sent me confirming I did not have to give a month's notice, which he didn't dispute it at the time.

Just gotten your PM... Thanks! :beer:

Snowyemma

Pepzofio wrote: »

Luckily my parents were able to help me out with the deposit on my new place (I'd overlapped tenancies to make sure I had time to move out & clean old place - wish I hadn't bothered now!) but I still felt bad taking almost 6 months to pay them back when they were expecting the deposit back within a month or so. If I'd stuck it on a CC or taken a bridging loan I'd be well and truly up the proverbial...

Edit: OP - Sorry... Didn't mean to hijack your thread, but this is still a fairly touchy subject and the opportunity to vent was more than I could resist! What I'm trying to say is that even via dispute service it takes a loooooong time, so get the ball rolling asap.

Don't worry about hijacking the thread! It's good to know others are in the same boat. Looks like we're in pretty similar positions- I couldn't afford the deposit for my new place, so my mum helped me out with that. Luckily she's not in a rush to get it back, but like you, I still feel bad!

Snowyemma

Grrr... LL has just refused to return my deposit. Again... Asked the DPS if he had agreed to use the ADR, and their response was to say that if we can't agree on the division of the deposit, we could use the ADR. Wish they actually read my question before replying to me!!! Sent them another message reiterating my question- waiting on another response....

In the meantime I'm trying to figure out what evidence I'd need if (maybe I should be saying when...) I have to use the small claims court. Don't quite know what I'd need, saying as my LL hasn't actually given me a reason for the non-return of my deposit!!! Any advice?