Trying to get rent deposit back from LL

ChuckFlorist_2

Hello,

Been reading a few post on here and notice all seem to be fairly similar but not the level of detail i need to know what to do next, so any ideas???

Basically LL owes me £824 for rent deposit (plus half a £127 BT instal cost) which (english) assured shorthold tenancy agreement says will be secured with the DPS. Contacted DPS (and TDS as well to be sure) and they have no record of my deposit ever being lodged but the do have the new tenants.

I've had no written details from the LL (he lives in Spain and has his builder friends look after all his properties). I had a phone call from some guy saying he had my cash but wanted to deduct £180 but could say what for. I declined and sent a letter asking for my DPS ref no, a copy of the exit report and a summary of deduction etc. No response.

Sent a second letter strongly asking for the information in my first and included copies of the agreement which deals with the rent deposit. Still nothing.

CAB have reviewed over the phone and the lady sent me literature about being amicable and trying to resolve in a nice way first which i have tried to do. Then all the info i get my hands on says a civil court case is the only way to progress but seek legal advice. It also turns out that because of my income and small rental payments now (i moved as i'm £8k in debt!) i dont qualify for free legal aid.

Guess i'm not sure if from a legal perspective i am in a good position to win a court case so any ideas would be most greatfully received?

Chuck

RAS

Starting point is that there are thre deposit schemes and you need to check all three.

If the deposit is not protected by any, you can try and sue for 3x the deposit as wel as the original deposit but you need the LLs address.

This man sounds like an amateur
.
Did you have a gas safety certificate? Signed inventory on arrival and on leaving?

G_M

Check all 3 schemes.

Do you have a uK address for serving notices on the LL? Bit late now, but without one you don't have to pay rent!

Beware tax. Since you LL is resident overseas, and does not have a UK agent, YOU should have been witholding tax for HMRC from the rent!

clutton_2

the guy lives in Spain..... forget it.... (there is a European Small Claims Procedure).. getting a court jdugement that he owes you money will be simple (provided you have a Spanish address) ..

Actually GETTING the money out of him will cost you much more money and a lot of grief.

forget it and move on... unfair as that is...

tbs624

To whom did you actually pay the deposit and the rent? Who is on the tenancy agreement as the LL and who signed your receipt for the deposit, if you have one? Which address is given on the agreement under the bit that should say S48 of the LL and T Act 1987, service of notices etc?

You also need to check mydeposits.co.uk

poppy10_2

You should have got a copy of the DPS agreement when you signed the tenancy - did you?

ChuckFlorist_2

Thanks all for the replys. Just to specify the LL does have a UK registered address i.e. served my notice to terminate the agreement there and have sent all the following correspondance there.

The DPS agreement i remember signing but didn't take a copy when returning with the AST.

The AST states that the deposit (paid directly to Romans the LA) will be protected with DPS as it quotes their web address etc. I have found the letter from the LA stating that this will be the case and that the LL will be doing this and sending me the info. This was never received as is not in my box file (and like so many i never followed it up!).

The inventory provided to me when i moved in was inaccurate as it specifed things like a phone line but when i contacted the LL he said he didn't know where it was as he'd never stepped foot in the place so i contacted the guy who refurbed the flat. He said it didn't have one and we negotiated that i'd pay half the install costs and the LL reimburse me half. At this stage i never completed and signed the inventory and it slipped by me and i never sent it back.

At the end of my teather with this as i'm now struggling to get any qualified legal advice and wondering if as i'm £910 out of pocket already do i spend the £60 with the small claims court! Normally i'd be a bit calmer but had a final bill from BT of £172 and a electric bill for £240 (didn't realise i was on estimated bills) so could use the money.

Still trying to get to see someone at CAB for a legal aid referral and also on the phone to Shelter but can't get through.

Would anyone know what the success rates are for these types of claims in favour of the tenant?

Does anyone know of any other free legal / pro bono aid available?

Thanks

Chuck

N79

As G_M said earlier, the first thing you need to do is to check all 3 schemes to see if the deposit is protected

princeofpounds

Check the 3 schemes first as everyone else said. Talk of court and enforcement is totally irrelevant if this can/will go to arbitration instead. It will only take you 15mins.