Please help re flat deposit

EagerLearner

liz545 wrote:

Brillia
We have our court date at the end of next week - I'm getting nervous now!

Good luck Liz - you must be looking forward to it, I mean as a finish line of sorts, or at least closer to the finish line! Let us know how it gies - I have never been to court so you will have first hand info on the process on Friday... fingers crossed for you!

Purplegrape - how did it go when you returned the keys? Hope they're a reasonable landlord / LA team and won't cause you any grief - you should have your cash back in time for Christmas :T

EagerLearner

Hi all,

Please help - I just opened the post and the LA have replied saying they paid the landlady the deposit back in August!!!!!!!!!

What can we do now??????

hjb123

Oh gosh. You must be tearing your hair out on this one!

Still say that as they are dealing with her that they are still liable? Or something along those lines.

Surely if they knew there was a dispute then they shouldnt have paid her back? Or they did to keep her business.

I would speak to someone at the court next week to see what they say and what happens now.

Mrs_pbradley936

Let methink about it for a while.

Mrs_pbradley936

I would send a letter saying:

Dear XYZ,

I have your letter dated ??? and am somewhat surprised by your action as you were fully aware that this matter was in dispute and has been the subject of Court proceedings. As you know I have been awarded judgment against Mrs XXX since you were holding the money I expected you to be in a position to return it to me. I feel as if I have no alternative but to inform the Court of your actions. I am aware that you entered a defence and regret that we shall now have to have the entire matter decided by the Court.


Then I would carry on with the summons against them and let them tell it to the Court.

clutton_2

i think the landlady is solely responsible for all this - whether she has used an agent or not. The court has said the LL owes you money, dont waste your time pursuing the agent - they presumably have the legal team of their professional body (ARLA or somesuch) behind them - you will not win with the LA.

Mrs_pbradley936

clutton wrote:

i think the landlady is solely responsible for all this - whether she has used an agent or not. The court has said the LL owes you money, dont waste your time pursuing the agent - they presumably have the legal team of their professional body (ARLA or somesuch) behind them - you will not win with the LA.

Clutton I agree with you I think the Court will just say “you already have judgement against Mrs Wotsit” which is what I was on about in my post number 525. BUT since they did include the agent on the original summons and since the agent entered a defence they are clearly aware of the situation and if I was bloody minded enough I would continue for the sheer nuisance factor - plus they might think twice about doing this to someone else.

EagerLearner

Thanks all - it has pretty much ruined my day, but I am trying not to think about it. I can't believe they sent the letter last month saying 'let's sort this out' on her behalf, knowing full well they'd already given her the money!

I was under the impression we had to sign something to release the funds to her once we'd all agreed, I guess not.

I will call the Legal helpline again, they were helpful before, maybe they can direct us further as to how we'd proceed against the LA if we wanted to.

There is also the issue that they enclose a photocopy of a handwritten note from her saying 'please return deposit as we're moving soon' or something to that effect, and that was in August. Does that mean we can force the LA to give us her new address, which we can then pass to the court?

nrsql

Have a look at the lease and see under what terms the LA was holding the deposit. Sounds like the LA were considering it money you had paid to the landlord rather than money they were holding for both of you.
I don't think they should have released it without your written aurthorisation and you should probably complain to ARLA about their actions (if they are a member).
I think you should probably inform ARLA anyway about their conduct.

From the ARLA site
The best way for a tenancy deposit (bond) to be held during the tenancy is by the ARLA member agent as “stakeholder” between the parties (landlord and tenant). This means that at the end of the tenancy the agent should get the agreement of both sides before making any deductions for damage, cleaning etc.

More interesting
Are Tenants Entitled To Know The Name And Address Of Their Landlord?
Yes, there are two or three bits of law covering this and it is a criminal offence for an agent (or whoever is collecting the rent) to fail to provide, without reasonable excuse, this information within 21 days of formal written request by the tenants.

clutton_2

there are two legal phrases for the methods under which deposits are kept by a LA , one is something like "stakeholder", cannot remember the other - your legal helpline should know, and this will help them decide on the next step for you. You have come this far, dont get downhearted now - if it was me, the more they b*ggered me about, the more stubborn i would become !!

it took me 2 and half years to get a meeting with Consultants under whose appalling care my mother died prematurely - i felt SO vindicated afterwards.

When right is right - hang on in there - justice will prevail in the end !!!