Getting deposit back from landlord time limits

tolly

Hi, I was wondering if anyone can help me. I live in Scotland, and my boyfriend and I moved out of our rented flat in May 2008, we moved in a couple of years previously, it was before the tenant deposit scheme thing.
When we moved out our landlord kept our deposit for ridiculous reasons that he basically made up. We wrote several letters to him, and eventually threatened him with court action and each time he came back saying he was quite happy to go to court. We put together all our evidence but finances and personal circumstances were tricky and we never got round to filing the claim. Now things are better, we are wondering if it is too late to still take him to court. We felt genuinely wronged by him as, if anything, the flat was in a better condition when we left.
What are the time scales for filing small claims cases like this?
Thank you.

clutton_2

in England and Wales it is 6 years

PNPSUKNET

should be fine, the reasons for the delay is due to finance

tolly

Would we need to provide evidence of financial trouble or would they would they take our word for it? Do you think it would weaken our case?
Thanks

clutton_2

did you sign an inventory when you moved in and moved out ?

RAS

The Statute limit in Scotland is 5 years, not 6 as in England.

tbs624

tolly wrote: »

Hi, I was wondering if anyone can help me. I live in Scotland, and my boyfriend and I moved out of our rented flat in May 2008, we moved in a couple of years previously, it was before the tenant deposit scheme thing.
When we moved out our landlord kept our deposit for ridiculous reasons that he basically made up. We wrote several letters to him, and eventually threatened him with court action and each time he came back saying he was quite happy to go to court. We put together all our evidence but finances and personal circumstances were tricky and we never got round to filing the claim. Now things are better, we are wondering if it is too late to still take him to court. We felt genuinely wronged by him as, if anything, the flat was in a better condition when we left.
What are the time scales for filing small claims cases like this?
Thank you.

You say that you currently live in Scotland - was the former property also in Scotland?

If yes, then the tenancy deposit regs do not apply.

If yes, note that all LLs in Scotland were required to have applied for LL registration with the local council by April 30 2006. Was this LL/the property registered? If it wasn't when you lived there, is it now?

How long ago did you write your last letter to the LL/receive one back from him?

Do you have his current contact details?

Do you have photographic evidence of the condition of the property at the start/end of your tenancy? Was there an inventory in place at the start of the tenancy?

You can get help with court fees if you are on a low income, and/or, if you win your case, you can ask for costs to be awarded

tolly

Yes, in Scotland.
I don't know the details of LL registration, I wasn't even aware of that, I'll check. What difference does this make?
It was about a year ago that we had our last communication, basically re-iterating that we were not at fault for the damages he claimed were our doing, and saying the next he heard from us would be the court summons.
I believe his contact details to be the same, and he still rents out the flat, so if they are not the same, I think I could find them out.
There wasn't an inventory, as such, it just said it was a 'furnished property' but we have a video taken of the property on the day we moved in and many, many photos which show the condition of the property and its furnishings.
Thanks

tbs624

tolly wrote: »

Yes, in Scotland.
I don't know the details of LL registration, I wasn't even aware of that, I'll check. What difference does this make?

If your former LL *isn't* registered with his local Council he is committing a criminal offence and can be prosecuted by the Procurator Fiscal, fined up to £5K, plus served with a rent penalty notice. This would mean that he could not receive rents until such time as he does get himself registered.

If he is registered, he has to renew and has to demonstrate that he is a "fit and proper person". Withholding Ts deposits without grounds to do so would be taken into account.

tolly wrote: »

It was about a year ago that we had our last communication, basically re-iterating that we were not at fault for the damages he claimed were our doing, and saying the next he heard from us would be the court summons.

Okay, you say you have had financial/personal difficulties which have delayed your court action, but if you threaten someone with court you really need to see it through as soon as you possibly can . If you are on a low income you can get help with the fees and if you win, you can ask for costs (plus interest on the deposit) to be awarded.

For info on the Prescription and Limitation (Scotland Act 1973 see here

You need to able to clearly show that you have attempted to seek resolve prior to going to court so gather all your info together and send him a "Letter Before Action" ( put this at the top of your letter) . Send two copies, one with a Cert of Posting and one recorded delivery, and keep your own copy for your records. Set out briefly the timeline, and your case and invite him to cough up within 7 days from receipt of your letter. If no response from him/further "see you in court" reply then issue court papers.

Once those have been received by the Sheriff court they will send a copy to the LL, and two dates will be fixed: a Returns date, by which time your LL will have to file his response/defence, and a subsequent Hearing Date. Forms available online or from local court office. Fee exemption application form here

tolly wrote: »

I believe his contact details to be the same, and he still rents out the flat, so if they are not the same, I think I could find them out.
There wasn't an inventory, as such, it just said it was a 'furnished property' but we have a video taken of the property on the day we moved in and many, many photos which show the condition of the property and its furnishings.
Thanks

So you have/should be able to find an address at which to deliver letters, and where the court can serve papers.

If there is no inventory that makes it harder for the LL to seek to retain amounts from your deposit

You may find it helpful to talk to Shelter Scotland and/or the Private Sector Tenancy Relations Officer at your local Council.