not getting deposit back

factor29

princeofpounds wrote: »

Ok, you need to check with the three deposit schemes to see if the deposit has been protected. Just ring them direct and they can tell you.

If it isn't then you can sue the landlord for the return of the deposit plus a 3x deposit penalty. That will probably bring them to the negotiating table!

Please do this and get back to us.

If it is protected, then we have to talk you through arbitration. This isn't a difficult process but to avoid complication let's take it one step at a time.

contact details here:

http://www.direct.gov.uk/en/TenancyDeposit/DG_066391

Ive had a look at the link, and managed to find the scheme the LA is part of. I dont have an ID number though - so dont know at the moment, and they are closed. Will phone the scheme tomorrow and find out if the deposit is registered.

Should i be asking the LA anything in the meantime?

Thanks

pinkshoes

factor29 wrote: »

Ive had a look at the link, and managed to find the scheme the LA is part of. I dont have an ID number though - so dont know at the moment, and they are closed. Will phone the scheme tomorrow and find out if the deposit is registered.

Should i be asking the LA anything in the meantime?

Thanks

I wouldn't say anything to the LA until you've found out if the deposit IS protected. If the scheme doesn't have your deposit, phone the other two just to check. If there is no sign of it, write to the LA stating that as your deposit wasn't protected, then you are expecting immediate return of the full deposit, otherwise you will take them to court for 3x the deposit, as you are legally entitled to do.

If the deposit IS protected, then your next step is to ask for a signed copy of the inventory. If they can't produce this, then they can't keep any of your deposit.

If there is an inventory that you signed, then you need to dispute everything that's wear and tear i.e. most the stuff you've described.

factor29

pinkshoes wrote: »

I wouldn't say anything to the LA until you've found out if the deposit IS protected. If the scheme doesn't have your deposit, phone the other two just to check. If there is no sign of it, write to the LA stating that as your deposit wasn't protected, then you are expecting immediate return of the full deposit, otherwise you will take them to court for 3x the deposit, as you are legally entitled to do.

If the deposit IS protected, then your next step is to ask for a signed copy of the inventory. If they can't produce this, then they can't keep any of your deposit.

If there is an inventory that you signed, then you need to dispute everything that's wear and tear i.e. most the stuff you've described.

thanks. should i ask for a reply within x amount of days? there is no signed inventory so only the protected deposit thing to lok into tomorrow.

pinkshoes

factor29 wrote: »

thanks. should i ask for a reply within x amount of days? there is no signed inventory so only the protected deposit thing to lok into tomorrow.

I would ask for it within 7 days of receipt of the letter, then send it recorded delivery.

If there's no inventory, they can't prove the state of the property when you moved in, so can't deduct anything! Dispute this if they try it on, and put everything in writing.

princeofpounds

Morning Factor. Do confirm with all three schemes. If there is no record of protection, then write a letter to the landlord (important it goes to landlord), copy agent, and send recorded delivery keeping the receipts.

This letter should be titled 'letter before action' and point out that after checking with all three schemes the deposit has not been protected. Indicate that you are preparing to take the matter to court and that a three times penalty is possible in addition to the return of the deposit. Do a bit of research and quote the relevant legislation if you like, but it's not necessary and do keep it brief.

Ask for a written reply within a reasonable time limit (7-10 days).

IF you wish, you can also suggest that if the deposit is returned in full by a certain deadline you will not proceed with the action. This means you won't be able to get the penalty, but will reach resolution quicker and without a court action. If you make the offer, a court may hold you to it at a later date.

You can also make a non-binding offer of this sort by sending it separately and with the heading 'without prejudice'.

One reason you may wish to make the offer on top of the convenience is that extracting 4x deposit from a landlord who is clearly in financial troubles might be difficult. Even with a court order you can't get money from a bankrupt.

factor29

OK, found who the LA used to protect deposits, and phoned them and confirmed that my deposit is protected, so got that out of the way!

So basically, i need to write a letter saying i object to any deductions, ask for a signed copy of the inventory, and photographic evidence. Tell them if they cant provide me with this evidence, i expect my deposit to be returned in full within the next 7 days?

mbga9pgf

sounds about right. important to send in writing, hand signed, as they cant ignore it especially if sent recorded delivery.

poppy10_2

factor29 wrote: »

So basically, i need to write a letter saying i object to any deductions, ask for a signed copy of the inventory, and photographic evidence. Tell them if they cant provide me with this evidence, i expect my deposit to be returned in full within the next 7 days?

Yep. No inventory=no deductions, unless they have some other evidence to prove the state of the property when you moved in. You are entitled to your full deposit back from the protection scheme, the burden of proof is on the LL.

Fire_Fox

factor29 wrote: »

OK, found who the LA used to protect deposits, and phoned them and confirmed that my deposit is protected, so got that out of the way!

So basically, i need to write a letter saying i object to any deductions, ask for a signed copy of the inventory, and photographic evidence. Tell them if they cant provide me with this evidence, i expect my deposit to be returned in full within the next 7 days?

If you only moved out a week ago, given the bank holidays I am guessing you have only been told verbally that the landlord wishes to withhold part of your damage deposit? The first stage is for this to be put to you in writing, hold off with that recorded delivery letter until this has been done. If you are lucky the fools won't do things by the book which should make the deductions even easier to dispute. Let them run about like headless chickens sorting out quotes etc, then hit them with the lack of inventory!

factor29

Just an update - we still havent heard ANYTHING from the LA. They have all our contact details and we havent heard a thing.

Interestingly the property is now back up to rent - so cant be that uninhabitable - especially seeing as if we dispute it and it goes to TDS, they say the timeline for resolution is 40 days!!! And if it goes to court, its going to be months!!

Just to get an advance knowledge, what exactly should i do, when the time comes on Tuesday - if ive heard nothing back - that was my deadline.

Do i just go to the TDS and register a dispute (believe i have to fill in lots of forms). Or do i need to try other things, try again etc?

Just to note - just realised people have said to send letter by recorded delivery. I didnt notice, and just sent it by email with read receipts on (it was delivered and read within an hour of being sent) as i personally consider it much more effective, instead of relying on post etc.

Is this ok or do i need to send another letter recorded before i can take further actions?

Thanks for all help so far!