Renting Help Needed: What should our next step be?

IAmNotAPianist

Two months ago we moved out of our student house and ever since we have been trying to get our damage deposits back (£250 per housemate, 5 housemates). The house was left in a vastly improved state than when we moved in (photographic proof available) so expect our full deposits back. The landlords have been stalling and have pretty much avoided all calls and contact. I was told a few times that we would have the money by the end of a particular week but lo and behold, the money was not returned. They have constantly changed the story and told me that one of my housemates had not paid their last installment of rent on time and so they could not return any of our deposits (she had indeed paid the last month of rent late, but by the time we moved out she had paid the full amount - bank statement proof).

I had a suspicion that they had not protected our deposits with one of the schemes required by law (and as stated in our contract) and contacted the schemes who confirmed my suspicions that the deposits were indeed not protected. I have looked into the law (Housing Act 2004) and believe that I am entitled to 3 times my deposit back in compensation. I have written a letter to the landlords explaining that I know the deposit was not protected and that I am willing to settle out of court for the sum of 3 times the deposit, stating sections of the Housing Act 2004 to back up my claims. I am doubtful that they will reply or return the money within the 2 week period we have given them.

They were terrible landlords throughout the whole of the tenancy, leaving mouldy sofas for us when we moved in which took them 2 weeks to replace and were reluctant to fix anything that went wrong. I am aware that the previous tenants had trouble getting their deposits back too, as they came to the house a good 9 months after they had moved out to ask for the landlords address to try and get the money.

If I do not get the response requested in my last letter, what should be my next course of action? Is it likely that if I went to a County Court I would win my case and that the landlords would pay up? I can ill afford to lose £250. I would be extremely grateful to anyone on here that is able to offer advice. Many thanks.

tizhimi

Hiya,

Firstly, you've done the right thing by sending them a letter - I hope it was sent recorded delivery! The ball is in the landlords court, if he doesn't respond I would do one of the two following options...

1. If your still a student get your's and your house mates a*rses down to the student union, they are brilliant at sorting exactly this sort of problem out... you pay all that money to the Uni so expect a decent sort of service.

2. If your not a student go down to the CAB.

You WILL WIN if you go to the small claims court, the landlord doesn't have a leg to stand on. Shelter.org.uk are brilliant, if your on a low income but working they can offer free legal adivce to stand up for you... but to be honest, I don't think you'll need any help.

You've obviously got your head screwed on if you've sent this letter, it costs apx 10% of your claim to put the paper work in (I think max of £120). However, when you win the LL must pay this.

Has he gone bankrupt? If so he won't be paying anything. You can find out online if his company or himself has been declared bankrupt. You need an address to serve him at, then he's got two weeks to either 'fess up or go to court. If he doesn't turn up at court you've automatically won.

www.hmcourts-service.gov.uk

Hope this helps!

IAmNotAPianist

Anyone else able to shed any light on this for me? Thanks.

IAmNotAPianist

Sorry to be pushy on this one (!) but my situation seems to differ from that of others posting on here with regard to lack of deposit protection, in that we haven't received ANY of our deposit back, for no reason whatsoever.

Does anyone know if it would be the small claims court or county court we would take the landlord to? Or at least where we could find the information out? Thanks.

MissMoneypenny

IAmNotAPianist wrote: »

Sorry to be pushy on this one (!) but my situation seems to differ from that of others posting on here with regard to lack of deposit protection, in that we haven't received ANY of our deposit back, for no reason whatsoever.

Does anyone know if it would be the sall claims court or county court we would take the landlord to? Or at least where we could find the information out? Thanks.

It would be the small claims court. If you need some more advice on this, google nearlylegals blog and read some of the cases.

Did you have contents insurance while you were there and if so, did it have Legal Cover? Or your parents contents insurance may cover you? If you had legal cover, the insurers might allow you to use a solicitor for just the cost of your policy excess.

IAmNotAPianist

Thanks MissMoneypenny, that is interesting to know. Yes we all had contents insurance, I will check the details in the policy documents.

MissMoneypenny

This was the blog I was thinking about.
http://nearlylegal.co.uk/blog/2009/04/tenancy-deposit-it-gets-worse/

MissMoneypenny

IAmNotAPianist wrote: »

Thanks MissMoneypenny, that is interesting to know. Yes we all had contents insurance, I will check the details in the policy documents.

If you have got legal cover, you will need to contact the insurers to get their agreement to the claim before you appoint a solicitor. You can elect which solicitor you want, but that solicitor has to be/go on, the insurers list.

If you haven't got cover, you will be able to make the claim in court yourself..