landlady not giving deposit back??

summersj

ok i put a post on here the other week but now the situation has progressed. More help needed....

I moved out of my house on 23rd nov (two week this tuesday) and my landlady blamed me for damages to the carpet but i disagree as she badly fitted the shower which caused flooding to the carpet. i found out after i moved that she didnt put my deposit (£800) into the TDS. Both myself and my estate agents have tried to contact her regarding the dispute and getting my deposit back but she isnt contacting either of us back and its been nearly two weeks now. She normally is VERY easy to get hold of so i assume she is just ignoring me and the estate agents. The estate agent is on my side and said she should give me all the deposit back and said i could sue her for upto 3 times the amount as she didnt put it in TDS.

Please advise me on what to do, thanks

Enfieldian

Like the agent said, threaten to take her to court for 3x the deposit PLUS the original deposit back.

That should soon get a response.

BitterAndTwisted

Send her a letter headed "Letter Before Action" requesting return of your deposit in full within seven days, pointing out that it's a legal requirement to have lodged your deposit in one of the deposit-protection schemes and that there is a potential penalty of three times the deposit for not protecting it. If you receive no response then start proceedings in the small claims court.

summersj

thats great, thank you for answers so far. When i last spoke to her (over the phone the day after i moved out) i read out the contract paragraph stating it is a legal requirement to put it in to DTS. her reply was "oh i didnt bother to do that" then stuck her husband on the phone who didnt say much else. So they know im in the know now. I will write her a letter tomoro and post it thru her door.

DOES ANYONE KNOW OF ANY TIME LIMIT ON TAKING HER TO COURT?

BitterAndTwisted

Why are you asking about time-limits: you're not considering giving them six months plus to get off their backsides, are you? I thought you wanted this deposit back. If so, write your letter giving them seven days. Then, start proceedings in the small claims court. If they lose, you should be able to claim your costs back from them. With a bit of luck, the court will award you three times the deposit as a penalty. Kerching!

summersj

only asking about time limits as i didnt no how long i had to wait until i can call small claims court

clutton_2

time limit is 6 years.....

iamana1ias

And don't put the letter through her door. Send it by recorded delivery otherwise you have no proof you sent it.

Honestly, there are hundreds of threads on here about the same thing with the same advice!

tbs624

summersj wrote: »

only asking about time limits as i didnt no how long i had to wait until i can call small claims court

You have to be able to show that you have sought resolve prior to pursuing the matter to court, giving the LL a "reasonable" time in which to respond, so note down dates of phone calls, any efforts made by LA of which you aware/ the LAs comments etc.If no response to a Letter Before Action within 10 working days, then get on with court proceedings.

tbs624

iamana1ias wrote: »

And don't put the letter through her door. Send it by recorded delivery otherwise you have no proof you sent it.

Some prefer to send two copies from separate post offices & obtaining a Cert of Posting for each: it's unlikely that both would "go astray" in the post.