Any advice on reclaiming rental deposit through NALS?

MRSG2B_2

A very long story but to cut to the chase the LA we originally signed up to did not register our deposit in the government scheme, and went bust doing a runner with ours (and all other tenants!) deposits! Belvoir's Head Office have wiped their hands of it saying that as the LA was a franchise they are not liable. We logged a claim with NALS for our money back in August but they're still fobbing us off and still no deposit!

We're now in the awkward position of moving house - due to move at end of month, however the deposit money claim has STILL not been successful and I'm at my wits end!

Our new LA has advised us that we should actually be entitled to 3 x our deposit (as a compensation), however I've no ideas where to start. Are there any ways I can press NALS to action this sooner ie. take legal advice? They originally advised it's take 1 month and its now 5!!

Any advice would be gratefully received - not sure where we stand now!

clutton_2

your ONLY course of action is to take the landlord to court... an agent is not responsible in law, neither is a Agents body such as NALS or any one else - only the landlord

you will need to issue a claim against the landlord in the small claims court.. do a search on here for Eagerlearner's thread about getting her deposit back through the courts... you will learn a lot by reading it - then come back with any additional questions

good luck

BitterAndTwisted

The agent is the hand-servant of the landlord and works purely on their behalf not in their stead. If the agent did not lodge your deposit in any of the protection schemes that is your landlord's problem. Pursue the landlord!

There is a provision in law for a landlord to be penalised for three times the deposit for not ensuring it's lodged in one of the schemes but I don't believe this has actually been done in court but it will be handy to point this out to your landlord as leverage to encourage them to return your deposit.

Do you have your landlord's address so you can write to them? Do not mess about phoning: put everything in writing, keep a copy of every single letter and mail all of your correspondence by Recorded Delivery.

MRSG2B_2

Thanks for your replies - the Eagerlearner thread is mammoth, but a fountain of knowledge and I'm now hopeful for the first time that we're going to be able to reclaim our deposit

Drafting letter to landlord as we speak but getting hold of them may be a problem - the property is entirely managed by the new LA now and we have no contact for them at all! Grr!! But we'll get there!

Thanks again!

BitterAndTwisted

You can log onto the Land Registry website and find the name and address of the landlord for the princely sum of four pounds sterling. Alternatively, you could pop round to the new lettings agents and ask them. They might cooperate, you just never know

Fire_Fox

EagerLearner's thread will explain how to go about locating the landlord if the new letting agents will not play ball.

clutton_2

i also know a very good private investigator whose charges are most reasonble if you want to private message me.....

Enfieldian

I also know a hitman whose charges are most reasonable if you are really, really stuck.