Advice Needed:landlord hasnt protected deposit and wont return all of it

bigfloorpie

i have just finished my tenancy and recieved my deposit cheque from my letting agent and its £35 on the letter they sent me they called this a 'closing fee' when contacting them asking what this was for they said it was to check metres etc
i asked for my DPS details he said they hadnt put deposit in dps, so i mentioned about the nonn complience rules he just started telling me about another woman who tried to sue him and lost because he could prove that he did not avoid dps to save money.
i just need advice on whether i should go ahead and sue him for £35 + 3 x deposit. am i likley to be successful?

i have written a letter before already (not sent yet though) basically saying that he has taken £35 of my deposit, this is not in the agreement and that if he does not return it i will have no choice other than to take him to court for non complience.

clutton_2

when did you move in and when did you sign your last tenancy agreement

bigfloorpie

sorry for leaving that out moved in 22nd december o8 on a 6 month assured shorthold tenancy agreement moved out on 27th nov 09

theartfullodger

moved in 22nd december o8 on a 6 month assured shorthold tenancy agreement moved out on 27th nov 09

Hmmmnnnn - when was rent due to be paid (normally it would be for this 22nd of month..)?? If it was 22nd Dec then usually you would give Notice2quit expiring 21st or 22nd of month... wonder iof he's charged you rent to 21st Dec 09???

Did/how did you give notice to quit & what did you get in writing back acknowledging the Notice???

Cheers!

Lodger

bigfloorpie

i was in a block of newly built flats i moved into flat 2 on the 22nd of december 08 stayed there until jan 27th 09 (just over a month) then moved to flat 3 (rent is now due on 27th not 22nd). so gave my notice on the 5th october then they made me aware that the could only put it in the day the rent was due ie 27th oct then i moved out with my rent finishing on the 27th novemeber

all this was all paid in full etc and the contract was the same through this all the contract says its i's for property 38 xxxxxxx road and it dosnt say flat 2 or flat 3xxxxxx road

thats why the contract ended on 27th not the 22nd im not sure if that is legal in itself allowing me to move between flats with no seperate contracts

scottishblondie

Well if he hasn't placed your deposit in a DPS then he is in breach of the law. There's nothing in there about it depending on whether or not he was trying to save money, so I don't know why he's on about that! Maybe just trying to discourage you.

From Directgov:
What if your landlord isn’t protecting your deposit?

You can apply to your local county court. The court can order the landlord or agent to either repay the deposit to you or protect it in a scheme. If your landlord or agent has not protected your deposit, they will be ordered to repay three times the amount of the deposit to you.

bigfloorpie

so do you think it matters that its only £35 taken, and this was in the form of a closing fee what ever that is not in the contract so no fee should be added

olly300

bigfloorpie wrote: »

so do you think it matters that its only £35 taken, and this was in the form of a closing fee what ever that is not in the contract so no fee should be added

Do you have the landlord's address? The person who owns the property?

Also regardless it's worth report letting agent to trading standards - put your postcode in at the end of the page and send them an email. Your first post was hard to read so make sure when you email them you include all the details in your subsequent posts.

bigfloorpie

yes i have the address the letting agent refused to give me the address so i got it from land registry ill contact my local trading standards tommorow

clutton_2

""i have written a letter before already (not sent yet though) basically saying that he has taken £35 of my deposit, this is not in the agreement and that if he does not return it i will have no choice other than to take him to court for non complience.


if you are to go to court, you have to be seen to have made every effort and that court action is the final straw so ...

before doing anything else - send the letter first and head it LETER BEFORE ACTION and give him 7 days to refund the £35...

breadlinebetty

If you've got your deposit back,then what are you moaning about? Sounds to me like the court will think you're one of those opportunist tenants trying it on!

Maybe he had good reason to withold £35 - after all, a deposit is to protect HIM against tenants who cause damage, abscond owing money, or renege on their contract.

Did the landlord live on the property? If so he isn't obliged to protect the deposit.