Deposit not yet returned-we left property on 14 June 2009

tbs624

princeofpounds wrote: »

Landlordzone forums people have all the forms etc., although there are probably people here who know where they are (I've never had to actually dig one up in person!).

:rotfl: See my post above - where it says Form N208? Click on it!

tbs624

PolkaDot- when you have checked out the form from the link I gave in post 9 ( pdf link on that page) & decided which way you want to proceed, depoending on what LL says this afternoon, post back over the w/e and appropriate wording can be suggested

polkadot

I do want to go ahead with it. So I was looking at the form TBS, and there's a bit about human rights? There's also something about lawyers fees in the form? How do I fill it in? I have never had to complete anything like this before so not sure how to go about it. i had a look on LLZ and found myself VERY confused. Do I send the form to him before I lodge it with the court or vice versa?
I've tried to call him again today as we didn't hear anything from him and he's now ignoring the house phone too. So he's obviously saved that number too.

maggie111

As he's not secured your deposit, I'm sure there's some way you can sue him for 3x the value of the deposit? Certainly teach him a lesson!

polkadot

Just an update...called him again yesterday (from a friends phone) and he claims he hasn't left work all week end :rolleyes: so it's still not done.

tbs624

Polka dot - it sounds as though you are being given the runaround.

Letter Before Action ( your letter needs to state these three words at the top) Something like this:

Dear LL

Tenancy of 123 Shiny Road, Bigtown from .... to.............(dates)

We paid a tenancy deposit of £xxx to you/ Susan/Jim at xxxxxx Letting Agency on ....(date).

Since we moved out on 14 June we have tried without success to get repayment of our deposit from you and/or written confirmation of why our deposit is being withheld from us.

Under the Housing Act 2004 S213 all LLs of properties in England and Wales are required to scheme register their tenants' deposits and provide the tenant with certain prescribed information. We received no infromation from you and since our tenancy ended we have had confirmation from all 3 Tenancy Deposit Schemes that our deposit was not in fact registered.

We would have preferred to have been able to settle this matter amicably but unless we receive the return of our deposit in full within 3 working days we will pursue a claim at the County Court for non-registration of our deposit, without further notice to you.

Please note that our claim will be for the full return of our deposit and will include a sum for interest, plus our court costs and the penalty payment of three times the deposit amount payable by you.

Send it recorded delivery and keep a copy. Keep the Board updated and we'll give you guidance on the N208.Don't be intimidated by the thought of court - its really not that scary.

polkadot

Thanks TBS, thats perfect. When I spoke to him yesterday he did say he would do it as soon as he got home.I then said "so we can expect to see it in our bank account by wednesday, seeing as it will take three days to transfer between banks?" he said yes. So based on this, do I wait until Wednesday before I send the letter or do I assume as he's not phoned to confirm as he said he would, that he hasn't? And send it tomorrow?
Also, the matter of the postal code not being complete? Will it be okay to send it as I have it...so only first half?

tbs624

Depends on how generous you feel towards him. I like people who stick to their word - those who let me down twice don't get given a further chance to waste my time/delay the return of my money. My own response would be to send it tomorrow so he that knows that you are serious. You may feel differently, so it's up to you.

Google "Royal Mail postcode finder" , pop in the address and there you are

polkadot

Think I will send it tomorrow-a bit of scare might do him some good. I did put it in the post code finder and it came back saying no results were found for this address.

ETA: Used a number of variations. Checked google mail to check I had the spelling right and still no results for that address.

tbs624

Where did you get the address from ? If necessary go onto the Land Registry site and look up the address of the rented property to see which address is listed for the owner/LL there.

Try googling his name or searching on facebook or bebo, depending on what sort of age he is. All sorts of useful info pops up on there: people should be far more circumspect

There's a mammoth thread on here somewhere from EagerLearner about tracking down a dodgy LL and recovering a deposit. You may need a couple of hours...........