Rent deposit difficulties - court advice needed!

wires1984

Hello People.. Hopefully somebody can give me some advice!!

Me and my boyfriend rented a flat for 14 months. We paid around £600 deposit. The flat was grubby when we moved in and we spent a few days cleaning. When we moved out we scrubbed down every inch, and left it a lot better than when we moved in.

My boyfriends standing order didnt cancel properly when we moved out and he's paid an extra half a months rent.

The landlord sent an email saying the flat is a state. He said the walls are grubby, the beds broken, couches need replacing, floors need 'deep cleaning' and a cupboard is broken. When we moved in the bed was on its last legs, had a crack down the middle that slowly got worse, and does probably need replacing, but its not our fault as it was damaged anyway. The couch is cleaner now than when we moved in, as are the walls. The cupboard was already broken.

He's keeping the deposit and the extra rent to pay for whatever.

He asked us to email our thoughts. I sent an email outlining everything he said and saying why I disagree. I sent a copy of a list we wrote to the letting agent of everything that was wrong, which included everything hes saying hes charging us for. I included photos we took when we moved out.We have none of when we moved in as the laptop died with them on :mad:

I asked him to provide details of the deposit scheme, and reply within 14 days, all very professional. He didnt provide us with the deposit scheme details at the beginning, even after a phone call or letter (which was to the letting agents).

So 14 days later we have had no reply.

Anybody have advice on the next steps - court action?? It seems we wont be able to use the dispute service!

My concerns are that we signed a tenancy agreement at the letting agent. They wouldnt let us have a copy and said the landlord will send us a copy. He never did (we asked and it was in the letter). Will this hold us up??

Do we need to attend court and how much does it cost?

Does he have a right to withold the extra rent that was paid?

We do not have the landlords address. Can we still go ahead with court action??

Any advice or experiences that might help me out??

Fire_Fox

Send another recorded delivery letter not an e-mail: you can ask the letting agent for the landlord's address. If there was no inventory detailing the condition of the property the landlord hasn't a leg to stand on.

tbs624

If you had asked for your LLs address whilst you were still a T the LA would have been legally obliged to let you haveit within 21 days of your request.As a T you were also legally entitled to have a copy of the tenancy agreement or at the very least a formal statement if the basic terms. That said, if you can show that you had occupation and that you were paying rent there was clearly a tenancy in place.

You can download the property owner's name and address via the land registry web site for the cost of a few quid.

I would write formally to the Letting Agent, enclosing a second copy for them to forward to the LL and making it clear that you expect them to do so.State that the LA has to date failed to provide you with either a copy of the T agreement or the LLs address.

Head the letter "Letter Before Action"

Confirm the property address and the dates of the tenancy. Give the dates of your attempts to date to get resolve over the return of your deposit. Refer to your previous requests for information on which Deposit Scheme has been used. State that you have confirmed with each of the 3 deposit schemes yourself ( having done so - see here - get the responses to your query in writing from the schemes) and that as your deposit has not been scheme- registered, if you do not hear from the LL with a satisfactory response within 5 working days you intend to begin proceedings at the County Court under S214 of the Housing Act 2004 for the return of your deposit plus the penalty of 3x the deposit amount.

At the bottom of your letter add "cc: Tenancy Relations Officer (Private Sector Rentals , Yourtown Council)"

Send one copy by recorded delivery and either hand deliver a 2nd one or post it and get a certificate of posting. Keep a copy for yourself and *do* send one to the TRO.

If you don't hear within 5 days, you get your court forms under way.Let us know how you get on.

Enfieldian

tbs624 wrote: »

If you had asked for your LLs address whilst you were still a T the LA would have been legally obliged to let you haveit within 21 days of your request.As a T you were also legally entitled to have a copy of the tenancy agreement or at the very least a formal statement if the basic terms. That said, if you can show that you had occupation and that you were paying rent there was clearly a tenancy in place.

You can download the property owner's name and address via the land registry web site for the cost of a few quid.

I would write formally to the Letting Agent, enclosing a second copy for them to forward to the LL and making it clear that you expect them to do so.State that the LA has to date failed to provide you with either a copy of the T agreement or the LLs address.

Head the letter "Letter Before Action"

Confirm the property address and the dates of the tenancy. Give the dates of your attempts to date to get resolve over the return of your deposit. Refer to your previous requests for information on which Deposit Scheme has been used. State that you have confirmed with each of the 3 deposit schemes yourself ( having done so - see here - get the responses to your query in writing from the schemes) and that as your deposit has not been scheme- registered, if you do not hear from the LL with a satisfactory response within 5 working days you intend to begin proceedings at the County Court under S214 of the Housing Act 2004 for the return of your deposit plus the penalty of 3x the deposit amount.

At the bottom of your letter add "cc: Tenancy Relations Officer (Private Sector Rentals , Yourtown Council)"

Send one copy by recorded delivery and either hand deliver a 2nd one or post it and get a certificate of posting. Keep a copy for yourself and *do* send one to the TRO.

If you don't hear within 5 days, you get your court forms under way.Let us know how you get on.

Excellent post. :T

Colincbayley

tbs624 wrote: »

If you had asked for your LLs address whilst you were still a T the LA would have been legally obliged to let you haveit within 21 days of your request.As a T you were also legally entitled to have a copy of the tenancy agreement or at the very least a formal statement if the basic terms. That said, if you can show that you had occupation and that you were paying rent there was clearly a tenancy in place.

You can download the property owner's name and address via the land registry web site for the cost of a few quid.

I would write formally to the Letting Agent, enclosing a second copy for them to forward to the LL and making it clear that you expect them to do so.State that the LA has to date failed to provide you with either a copy of the T agreement or the LLs address.

Head the letter "Letter Before Action"

Confirm the property address and the dates of the tenancy. Give the dates of your attempts to date to get resolve over the return of your deposit. Refer to your previous requests for information on which Deposit Scheme has been used. State that you have confirmed with each of the 3 deposit schemes yourself ( having done so - see here - get the responses to your query in writing from the schemes) and that as your deposit has not been scheme- registered, if you do not hear from the LL with a satisfactory response within 5 working days you intend to begin proceedings at the County Court under S214 of the Housing Act 2004 for the return of your deposit plus the penalty of 3x the deposit amount.

At the bottom of your letter add "cc: Tenancy Relations Officer (Private Sector Rentals , Yourtown Council)"

Send one copy by recorded delivery and either hand deliver a 2nd one or post it and get a certificate of posting. Keep a copy for yourself and *do* send one to the TRO.

If you don't hear within 5 days, you get your court forms under way.Let us know how you get on.

Spot on, well written.

wires1984

Thanks a lot that's great advice, I've contacted the deposit people by phone and it's not in any so I'm waiting for it in writing now before I send the letter.

Land reg worked well got an address now.

Will keep you informed for the rest of the journey - hopefully will get the full lot back on receipt of the next letter, but I very much doubt it to be honest!

princeofpounds

I very much doubt it to be honest!

Actually, you stand a good chance, as if you do take him to court, he faces not just having to hand the deposit back but paying a penalty of three times the deposit.

theartfullodger

Go after the little crook: I hope you get the deposit & the 3xdeposit fine...

Cheers!

Lodger

BexInLondon

Good luck with it. It sounds like you're doing all the right things! Pity you can't claim for time-wasted, and for the rage induced.