Potential loss of entire rental deposit

lizzielondon

TheBrutalTruth wrote: »

Eh?

What does that mean "This is London"?!?!?

The Tenancy Deposit Scheme covers England and Wales, which includes London last time I checked. TDS covers tenancies from 6 April 2007, which would therefore include this tenancy.

Your first stop is the TDS. Contact all 3 to confirm that it is not held with them.

(i) If it is held, then initiate the TDS procedures to get your money back
(ii) If it isn't, take the LL to the small claims court to get your deposit back, plus 3 times compensation.

Please be sensible.

Did you really think they meant that London was excluded from the TDS?

TheBrutalTruth

lizzielondon wrote: »

Please be sensible.

Did you really think they meant that London was excluded from the TDS?

Sorry that was a bit silly. Unfortunately I have been on other forums where people appear to think London is some sort of alternative universe where the usual laws do not apply. My apologies to N79!

TheBrutalTruth

N79 wrote: »

Good. So you need to find out if your deposit was unless we get some new high court cases soon, you LL will be able to defeat the 3x claim by returning the deposit to you.

Which high court case is this? I am a newbie here so have not heard of it

N79

TheBrutalTruth wrote: »

Which high court case is this? I am a newbie here so have not heard of it

Current (and only) High Court TDS case is Draycott vs Hannells. A couple more are imminent and we will know the results (and details) in a few months as I suspect judgement will be reserved in each case.

It seems clear that the courts intend to create their own interpretation of the Housing Act to try to create just outcomes for both LLs and Ts and to ensure that a fair law arises from the !!!! poor 2004 housing act sections.

clutton_2

there are 2 cases in the high court today...... we all wait with bated breath....

schnide

N79 wrote: »

Good. So you need to find out if your deposit was protected (sounds unlikely) and if not then you will need to take your LL to court for the return of your deposit. At the same time you can threaten you LL with a claim for 3x the deposit but, unless we get some new high court cases soon, you LL will be able to defeat the 3x claim by returning the deposit to you. However, this would, of course, be a result.

Technically we need to check that the property was your main residence (or, in the case of joint Ts, was the main residence of at least 1 of the individual Ts) but I'm sure this was the case!

Finally, just a check that you did not agree to let the LL retain your deposit as part of the conditions for ending the contract early?

The property was definitely the main residence and I can also entirely confirm that retaining the deposit was not part of the agreement! I paid cash into the agency's bank account for the final sum of the deposit, which was substantial, HOWEVER I have written confirmation from them that they received it.

I also, as of yesterday, have confirmation via the agency from the landlord that he is happy to return the entire deposit.

My plan is to write an informal email stating that I expect it returned immediately, and if they do not comply, to follow up formally in the direction of court proceedings.

At the risk of repeating myself, thank you all once again.

schnide

I sent the less-formal email to my agent today and copied in my landlord, with reference to the landlord being legally responsible for returning the deposit, and the letting agency representing him but not replacing his obligations.

The landlord replied, copying in his solicitor, stating that I did not pay the deposit to him and he has never had access to it. He has said that he has nothing to do with the inventory check-in or out, nor holding or returning the deposit.

He has also said that these responsibilities lay with letting agent and are part of the duties they undertake to receive a fee from the landlord, and that the agent we supposedly chose to find us a property is legally bound to be a member of the DPS and as such will be.

I suspect he may have consulted with his solicitor before writing this reply - I am, however, dubious of his position and would appreciate your advice.

Mouseman

Nah, that's utter tosh. Reply as such (including the solicitor) and the solicitor will have a duty of care to advise the landlord that they're wrong. If the solicitor doesn't do this, they are at risk of losing a lucrative job!

Sleep on it and wait for the more experienced posters (N79 et al) to respond but this IS the landlord's responsibility... it's tough sh^t if HE didn't check up on his agents. He'll need to sue them if needs be but he has to pony up the cash to you.

clutton_2

""The landlord replied, copying in his solicitor, stating that I did not pay the deposit to him and he has never had access to it. He has said that he has nothing to do with the inventory check-in or out, nor holding or returning the deposit.

He has also said that these responsibilities lay with letting agent and are part of the duties they undertake to receive a fee from the landlord, and that the agent we supposedly chose to find us a property is legally bound to be a member of the DPS and as such will be."


utter rubbish.... as a LL i know full well that i am solely responsible in law for the deposits my tenants provide - whether they provde it to me or to the letting agent..... Refer your landlord and letting agent to the Housing Act 2004 - Deposits regs.....

Head this letter "letter before Action" and give them 14 days in which to provide cleared funds of the full amount otherwise you will issue proceedings in the small claims court... against the landlord....

while you are waiting for this 14 days i suggest you read a thread on here by Eagerlearner on getting her deposit back... it can show you the difficulties you may face....


""the agent we supposedly chose to find us a property is legally bound to be a member of the DPS and as such will be.""


nonsense.... there are 3 deposit schemes - it is entirely an individual landlord/agent's choice as to which scheme, if any, they use.... (if they dont use any scheme they are in breacdh of the 2004 Act as above)

Sounds to me like he has spoken to a generic solicitor who is not au fait with housing legislation.....

Do you have access to a solicitor free via your insurances ?

If not - i suggest you find a local solicitors free half hour surgery -

but the small claims court has a really good range of pamphlets available to download which tell you about the process

it costs less if you use moneyclaim on line.


good luck

schnide

Thanks for the help on this. I had a read through our AST and the Housing Regulations though and I couldn't quite see how the two combine to make the landlord responsible. The landlord also seemed convinced enough to have copied in his solicitor that I wonder if somehow they provided an AST which exempts him.