Difficulties in getting deposit back!!

palasmy

We rented this property in Oct 2008 directly from the landlord, however he hired a letting agent to draft out a tenancy agreement for a period of 12 months, it was clearly stated in the agreement that the deposit will be protected using TDS (we were given a certificate for this with a tenancy code). However after few months into tenancy we received a letter from TDS informing us that LA has unsubscribed to their scheme and that our deposit was no longer protected under their scheme. When I queried the LA about this letter they insisted that it was some administration error and there was nothing to worry. Upon the end of the 12 months period, both me and LL agreed for a mutual extension for another 6 months, this time LL wanted to bring in the same LA to renew the tenancy agreement and to manage the property, I wasn't keen as I felt that this was unfair to me because there was no prechecks done before our tenancy start date to record the condition of the house but now that we will be checking out in six months time the LL wanted the LA to manage the property so that he will have the advantage of the LA doing the checks when we check out. When I said I wasn't happy with the arrangement, LL said he did this so that they will help him find a new tenant quickly when we moved out. I bought the story and signed the agreement, and we spent enough time and money during our check out to ensure the house was in a good condition. After our check out, LA inspected the house and told us everything was ok and we should have no problems in getting our deposit back, but after two weeks of check out they started to cite things in the property and prepared a dilapidation list amounting to 600 quid (half the deposit). I didn't agree to the charges and insisted that we settle the dispute with TDS, they have been dragging until today with no progress. When I queried the TDS, to my frustration they said that the deposit was not protected under the scheme and we should speak to LA about it. When I asked the LA about this, they claim that they did not realise this and offered to get my deposit soon if I agreed for a reasonable dilapidation charge. It appears to me that the LA and LL have been fooling me around all this while and were trying hard to make me accept the charges on the dilapidation list. But now that I found out the deposit is unprotected they are trying to settle it amicably!! I feel cheated and worse still I have been treated like an idiot. I hope I can take these people to court and make them pay big fines..

Can someone help me with some suggestions as to what I can do, and how I can get my deposit back..basically it looks like my deposit has been left unprotected all my tenancy period! Its been almost three months now since we moved out of the property and no signs of getting our deposit back. Any help is much appreciated..

Thanks

blackshirtuk

Sue the landlord for non protection of the deposit, judge has to fine ll 3x deposit value plus order deposit repaid.

<sebb>

blackshirtuk wrote: »

Sue the landlord for non protection of the deposit, judge has to fine ll 3x deposit value plus order deposit repaid.

They don't have to fine the LL. It's actually quite easy for the LL to avoid this by protecting the deposit late or returning the deposit before the court date. The claim can't go through the small claims court either so it's not that straightforward to claim. Though some cases have succeeded so it's not out of the question. If you just want the deposit back, better to claim through the small courts for the deposit alone plus costs. However, the threat of the 3x deposit might be enough to get them to back down.

Sharon87

<sebb> wrote: »

They don't have to fine the LL. It's actually quite easy for the LL to avoid this by protecting the deposit late or returning the deposit before the court date. The claim can't go through the small claims court either so it's not that straightforward to claim. Though some cases have succeeded so it's not out of the question. If you just want the deposit back, better to claim through the small courts for the deposit alone plus costs. However, the threat of the 3x deposit might be enough to get them to back down.

Well he can't really protect the deposit now, as they haven't lived there for 3 months.

palasmy

I guess, threatening them with 3xdeposit fine will let me get my deposit back in full? Can some one tell me what is the procedure that I need to go through for the small courts...Also if possible I intend to write to the local newspaper about this LA and warn the public...

Thanks

BitterAndTwisted

You say there were no pre-checks done at the beginning of your tenancy: does that mean there was no inventory either? If so, this puts you in a more advantageous position to dispute any deductions for "dilapidations" as there was no record of the condition of the property and its contents when you took it over. Please note that dilapidations are generally charged for with commercial property rentals not residential ones. The only charges a residential landlord can make are for damage and it looks like these cannot be proven.

Send a letter by first-class mail to the landlord also sending a copy to the letting agents retaining proof of postage for both headed "Letter Before Action" stating the address of the property and warning them that as there was no check-in report or inventory and that the deposit was not protected as required by law your are demanding return of your deposit in full in 14 days or you'll issue a Summons in the Small Claims Court. I think it costs about £70 to issue the Summons and it's quite straightforward. Once the landlord is aware that the deposit was not protected I'm sure they will be keen to return it. Please note that ultimately it's the landlord's responsibility to have ensured your deposit was protected not the agent's so that is the party who you should be pursuing for its return. The landlord's address should be on the rental agreement under the bit about where to serve notices. I believe that is also a legal requirement to state this information on the agreement.

palasmy

My landlord is currently residing overseas, the property is being managed by the LA on his behalf now. Should I still send him a letter, I only have his contact numbers there might be a struggle to get his address...

clutton_2

the landlord does have a UK address.. the one you moved out of... if you use that address on court docs you will get a judgment by default if you take it to court... as he wont turn up....

BUT - how will you get the money out of him ? next to impossible if he resides abroad.. altho there is a European Small Claims Procedure which is entirely a paper based judicial court process if he is living in the EU

tbs624

Please note that the 3x deposit amount which *may* be awarded by the court is not a "fine" (criminal law) but a penalty (civil), Many of us would personally view LLs/LAs who seek to wrongfully deprive Ts of their deposits as criminal but the law doesn't.

On the subkect of whether an LA can have a liability on deposits , you may want to google a case from early 2010, that of Draycott & Another v Hannells Lettings Ltd

To whom did you pay the tenancy deposit - LA or LL, and who issued and signed the receipt for it? I'd be tempted to serve on both LL and LA. IMO LA should have either re-registered the deposit themselves, after being kicked out of DPS, or sought a formal indemnity from the LA if he was to deal it with then or at renewal time.


Ts however, should learn not to simply take people's word on "admin errors" - if you get a letter from a scheme saying your deposit is no longer registered with them , then you need to be checking up on the LA/LL asap and contacting the other 2 schemes to confirm for yourself.TDS did, at the request of their insurers, withdraw membership from those LAs who would not join up to a recognised "body" such as ARLA.

No skills, no training, qualification, expertise or common sense required to set up as an LA, dealing with thousands of £££s of other folk's property and deposit money. Wrong, isnt' it?

I'd also alert the local Private Sector Rentals Team at the Council to the shortcomings of the LA.

Colincbayley

clutton wrote: »

the landlord does have a UK address.. the one you moved out of... if you use that address on court docs you will get a judgment by default if you take it to court... as he wont turn up....

BUT - how will you get the money out of him ? next to impossible if he resides abroad.. altho there is a European Small Claims Procedure which is entirely a paper based judicial court process if he is living in the EU

Could always stick a charge on the deads of the rental property :cool:

clutton_2

whats the minimum charge amount Colin ?