Sigh... Me Again

Drea

Hello... again!

For some background info I have posted these two threads previously:
https://forums.moneysavingexpert.com/discussion/2457131
https://forums.moneysavingexpert.com/discussion/2553159

So, quick summary, my friend and I rented a flat from 1st February, I moved out on 31st July but my flatmate stayed there for an extra month as agreed by the landlord. My flatmate gave me my half of the deposit back when I moved out and it was agreed I would pay him it back if there was an issue and we didn't get the deposit.

My flatmate has just moved out around a week ago, the day before he was due to have his final inspection and receive the deposit back the landlord let himself into the flat after midnight (pretty sure my friend was in bed) and whinged about the mess. My flatmate was understandably angry and asked him to leave. The next day the landlord came to take out the inspection and was apparently very apologetic for what he had done the night before. It was agreed that the full deposit would be returned as there was nothing wrong with the flat, the landlord however said that he only had £200 as that is his limit to take out of the cash machine. He told my friend he would transfer the rest of the money later, which has never happened.

My flatmate has now moved to Australia (yesterday) but has sent me all the closing bills, tenancy agreement, etc. It is still the original tenancy agreement he had, there was no other agreement written up for that final month and my flatmate also said he didn't give the landlord written notice (not sure what is relevant so just writing everything). I have told him I'll try and do what I can to get the deposit back but I'm not sure what I can do as I think it might be too late for me to have any say in anything? The landlord has had his phone switched off for the last week, I do have an address for him although can't be sure he is still there and also have an address for what I believe is his mums house.

Basically is there anything that I can do? Obviously my flatmate isn't really in a position now to do much as he is in Australia which the landlord has been banking on I think. He still owes us £385.

Thanks for any help (again)

Oh, ps, this all took place in Scotland.

clutton_2

someone will have to take the LL to court if he does not pay up - probably you ..

nollag2006

So long as you started your tenancy after April 6 2007, your landlord should hand your deposit over to a Depost Protection Scheme, of which there are three in the UK. If your landlord did not enter the scheme, he is liable to a fine of up to three timess the value of the deposit:
http://www.direct.gov.uk/en/HomeAndCommunity/Privaterenting/Problemsanddisputes/DG_189243

The Shelter website also gives some good advice on how to get yout deposit back if it is not protected:
http://england.shelter.org.uk/get_advice/paying_for_a_home/tenancy_deposits/deposit_protection_schemes#5

Looks like you will have to go to the County Court to get your money back, though. Cost is £80, but you should get that back from the claim against the LL.

You need to write to the LL first to give him a reasonable time period to repay you, before issuing court proceedings.

Best of luck.

WhiteHorse

So your flatmate cleared off to Australia and left you to deal with all this? He didn't manage to give the landlord notice, but managed to send you the outstanding bills?

Nice.

Check your Terms & Conditions. A months notice may be required, although from what you say, it seems that the landlord has no intention of returning the money.

Drea

nollag2006 wrote: »

So long as you started your tenancy after April 6 2007, your landlord should hand your deposit over to a Depost Protection Scheme, of which there are three in the UK. If your landlord did not enter the scheme, he is liable to a fine of up to three timess the value of the deposit:
http://www.direct.gov.uk/en/HomeAndCommunity/Privaterenting/Problemsanddisputes/DG_189243

The Shelter website also gives some good advice on how to get yout deposit back if it is not protected:
http://england.shelter.org.uk/get_advice/paying_for_a_home/tenancy_deposits/deposit_protection_schemes#5

Looks like you will have to go to the County Court to get your money back, though. Cost is £80, but you should get that back from the claim against the LL.

You need to write to the LL first to give him a reasonable time period to repay you, before issuing court proceedings.

Best of luck.

I'm afraid Scotland doesn't have any Deposit Protection Scheme

WhiteHorse wrote: »

So your flatmate cleared off to Australia and left you to deal with all this? He/she didn't manage to give the landlord notice, but managed to send you the outstanding bills?

Nice.

Anyway, check your Terms & Conditions. A months notice may be required and have some bearing, although from what you say, it seems that the landlord has no intention of returning the money. If the money is not forfeit, you will probably have to go to the small claims court to get it back.

He didn't think to give the landlord written notice of leaving as the landlord knew he was leaving. He didn't send me outstanding bills, he sent me the closing bills, everything has been paid, he has basically given me everything I might need in fighting for the deposit. To be fair, he only had a week between leaving the flat and moving to Australia to try and get the deposit back and he hasn't had any luck.

The thing is though, that I gave the landlord notice when I left, and there is no proof of that extra month happening at all. So, surely it just makes him returning the deposit even later? Oh I don't know, it's all got a bit confusing.

Am I able to take him to small claims court even though it is now between the landlord and my flatmate? Or can I still do it because of the previous tenancy agreement....

Thanks for the help all

nollag2006

May be worth speaking with your local Shelter office on this:
http://scotland.shelter.org.uk/getadvice/advice_services_directory

Drea

nollag2006 wrote: »

May be worth speaking with your local Shelter office on this:
http://scotland.shelter.org.uk/getadvice/advice_services_directory

Thanks, I'll give them a ring