Rogue landlord won't return bond!

DanielElPuerto

Hello, I am writing this for my girl, as she is stuck as what to do.
Basically she started renting a property from a letting agent in July 2008, a 12 month contract, with the usual 1 month deposit and months rent up front. She left the property at the end of July this year and contacted her letting agent regarding getting her bond/ deposit back. Her landlord was being evaisive from the start then said she will get in back within 28 days but £50 (of the £287 bond) will be taken to pay for getting the bond back (he didn't/ wouldn't mention where he was getting it 'back' from). We contacted Housing Advice and they said there should not be a charge over a bond and that it should, by law, have been put in a Bond Scheme, then returned wholly to the tennant.
We suspect, as they refuse to answer, and never gave her information on bond schemes when she started renting, that they never held it in a bond scheme.
It is not 6 weeks since she left the property and still no bond has been forthcoming. We contacted them again yesterday and they said they aren't giving the bond back because the landlord (who they represent) has said there is a broken bed (We have 4 witnesses who, on the final day, checked everything was in working order). They also said a wardrobe is missing (the letting agents handyman broke it and took it away a year ago, witnessed by 3 people).
My question is what can we do, as on our new contract with a different landlord, it states that the law requires any despute over the bond to be put in writing to the tennant within a period of days, I think a month, yet this wasn't forethcoming?
Are there any legal routes we can take, as we heard that the landlord could be liable to be sued for 3 times the value of the bond for not putting it in a bond scheme?

Any advice would be greatly appreciated!

tek-monkey

If the deposit wasn't protected, I'd attack with that. Not sure on the legalities, but isn't it a standard 3x fine to the landlord for not protecting it?

princeofpounds

You need to sue the previous landlord for the return of the deposit plus the 3x penalty for failure to protect the deposit. There's plenty of advice out there, you could start with the government website on tenancy deposits (http://www.direct.gov.uk/en/TenancyDeposit/index.htm) and landlordzone forums.

It's quite possible that once they realise you have worked out what you are supposed to be doing they will settle.

tek-monkey

Do you get the 3x yourself? If so, sue them!

princeofpounds

Yes you do. Although the legislation is badly drafted so there have been different decisions on the penalty if the landlord protects late but before the hearing. Unfortunately no-one has taken it to a higher court which would set a precendent.

You should still get deposit and costs back, plus interest, minus any proper deductions.

clutton_2

read Eagerlearners thread on here re how to sue a landlord - set aside 2-3 hours, but well worth the read so you know what you are letting yourself in for ...

https://www.landlordzone.co.uk is also a great read - they have excellent legal technical help on there