Difficulties in getting deposit back!!

Colincbayley

clutton wrote: »

whats the minimum charge amount Colin ?

Haven't a clue!

Is there a min??

Colincbayley

Just had a quick 'google' to look it up.

At present there is no min. amount :eek:
However, there were some reports back in Feb where there were thinking about setting a min, athough the figure being chucked amount is £1000, so they might as well just not bother.

tbs624

Colincbayley wrote: »

Just had a quick 'google' to look it up.

At present there is no min. amount :eek:
However, there were some reports back in Feb where there were thinking about setting a min, athough the figure being chucked amount is £1000, so they might as well just not bother.

Wasn't the Feb consultation about the sale enforcement aspect of charging orders, rather than a minimum for the charging order itself IYSWIM?

Colincbayley

tbs624 wrote: »

Wasn't the Feb consultation about the sale enforcement aspect of charging orders, rather than a minimum for the charging order itself IYSWIM?

Could well have been, I must admit I couldn't be bothered to read the whole article.

However, a charging order is just one of the possibles available to the OP if required.

palasmy

tbs624 wrote: »

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.

I guess it is probably right to serve both the LA & LL, although the main criminal was the LA. Despite several emails, the LL hasn't responded whether or not he was aware of the fact that the deposit was left unprotected, which makes me wonder if he was part of the fraud. Yes, on my part I was a little careless when TDS sent me the letter, but then the LA are so experienced in engaging themselves with such activities they are very good in convincing people when they go to them with such letters.

But it would be a good thing to report to the local private sector rental team in council, this will not only help the public but also warn other businesses in the same sector. It is just so unbelievable a LA can be so daring, it just shows how forgiving and ignorant the public are as well...

Can some one guide me thorugh the small claims procedure, this is totally new to me. But before that I understand I have to send a letter before action, is there a thread where I can find a format for a letter of this kind?

Thanks

palasmy

I have searched through the forum, and couldn't find "landlord zone", can some one help me find it? I need the format for the "letter before action" letter


Thanks

martindow

Landlord zone is here

http://www.landlordzone.co.uk/

tbs624

palasmy wrote: »

Can some one guide me thorugh the small claims procedure, this is totally new to me. But before that I understand I have to send a letter before action, is there a thread where I can find a format for a letter of this kind?

Thanks

try adapting the letter suggestion in this thread (post no. 17) or if you use "s213 Housing Act" as a search term on this Board you should be able to pull up other examples.

palasmy

Hello everyone, after spending nearly two days reading through several threads and blogs suggested, I have drafted a letter before action which I guess best describes my circumstances and hopefully meets the requirements? please let me know if I need to change anything in the letter. Thanks

"
I am writing to formally request the return of the balance of my deposit from the assured shorthold tenancy agreement dated 02/10/2008 which expired on 18/04/2010
You asked me to pay the deposit to AH (Letting Agent) before signing the agreement and as confirmed in the signed tenancy agreement they received the sum of £1162.50 on 01/10/2008 (cheque no. 100004)

The Shorthold Tenancy Agreement states that the security deposit would be registered with an approved deposit scheme and that a confirmation reference number would be advised at a later date. Although Andrew Hunt had complied with this at the start of the tenancy, they had unsubscribed from the scheme soon after, leaving the deposit unprotected. As per the Housing Act 2004 any deposit must have been registered with an approved scheme which also requires that the tenant be notified of any changes with the registration details. Failure to have registered the deposit is a criminal offense. AH has confirmed that they have not protected the deposit with any of three approved schemes and also the schemes themselves have confirmed this as well (copies of emails enclosed). Just be reminded that I will not hesitate to make a claim via the county court for the non compliance with the tenancy deposit regulations under the Housing Act 2004 , S213-215. According to this act I can request the court to order the 3x deposit amount penalty payable to me, plus interest on the actual deposit and the court costs.
I have been in contact with AH Lettings who produced a dilapidation list weeks after our check out on 18/04/2010! and they have advised me that no such check was executed at the start of the tenancy and therefore I am justified in believing there is no conclusive documentary evidence that any deductions that are being proposed are the result of any damage caused during my tenancy.
Therefore I now formally request the balance £760 of the deposit (deducting the last 18 days of rent that I owe you) be returned to me within the next 7 days or I shall issue a summons in the County Court. Find enclosed the copies of all email exchanges that I had with you & AH since our check out (the delayed, careless responses that I got in the past three months) which basically details my attempts to get the deposit returned."

Fire_Fox

Stick to the key facts and lose the waffle, use bullet points or date your paragraphs. This is not the point to argue whether the response was delayed or careless - that is your opinion not fact. Use the template letter in the thread linked to by tbs624 which is short and sweet. You don't need to enclose e-mails, you can simply refer to them in your letter.