Landlord not returning deposit

G_M

is that there was no inventory at either the start or end of the tenancy. Has the LL any chance of claiming money against an unprotected deposit when there is no proof of the condition of the flat at the start of the tenancy?

No chance. Deductions will be disallowed and deposit penalty imposed unless he protects the deposit before the hearing.

Don't be scared by his so-called legal team - that doesn't affect the rights/wrongs. It's an attempt to initmidate/bluff you into agreeing with his deductions.

However, if you can reach agreement without court it's to everyone's benefit, so some compromise might be worthwhile.

BitterAndTwisted

No inventory at the start of the tenancy means that no deductions can be legitimately claimed. Unless the landlord has some other documentary evidence like dated photographs.

I think you and your boyfriend should stop talking to this landlord and just get on with writing your letter with a heading "Letter Before Action" giving this person five days to pay up or you'll start proceedings in the Small Claims Court. Get your boyfriend to put his bank details in the letter so a BACS transfer can be made. If you don't receive the funds then press on with getting the court documentation issued.

BornAtTheRightTime

In my experience, someone who repeatedly refers to their legal team or solicitor, in reality hasn't got one.

kiavvak

Thanks for all your replies. We couldn't get hold of the Landlord yesterday (surprise surprise!), so it looks like it's time to send letters. I've copied in below what we have so far (obviously with personal details removed) - we'd appreciate any comments or suggestions anyone may have.

"Dear XXXXX,

Letter before action

Return of deposit: XXXX Address

I have now called, emailed and texted you on several occasions asking about the return of my deposit of £1200 following my departure from XXXX on the 7th February 2011. In particular, I have emailed on 15th February 2011, 23rd February 2011, 2nd March and 7th March 2011. In addition to these emails, I have left at messages both on your mobile phone and at the XXXX offices asking you to contact me. Despite this, you have not contacted me since the 7th February 2011 apart from an email acknowledging the receipt of my bank details on the 14th February 2011 and have not returned my deposit.

By failing to protect my deposit and failing to provide details about the placement of the deposit in a deposit protection scheme within 14 days of receiving the deposit, you are in breach of the Housing Act (2004). The compensation for this is three times the deposit, namely £3600. I am, however, willing to not pursue the claim for compensation in return for immediate and full return of my deposit. Please be advised that unless I receive the full return of my deposit of £1200 by 5pm 23rd March 2011, I will issue a claim in the county court for £4800. If this is necessary then you should be advised that court fees and interest wil be added to thus amount.

In order to avoid the consequences of legal action, please arrange the immediate payment of my deposit via BACS transfer:
NAME
BANK DETAILS

Your prompt attention to this matter is required. Please be advised that no further notice will be given."

Thanks for reading.

Grogged

Being nit picking I would say that you wanted the deposit to have been credited and cleared in your bank account by 23rd march.

angrypirate

Send it by recorded delivery. Good luck. I hope you take him to the cleaners....

RAS

angrypirate wrote: »

Send it by recorded delivery. Good luck. I hope you take him to the cleaners....

No, because he will not sign for it.

Make two copies and post them first class from two different post offices, obtaining certificates of posting.

Judges will accept that one letter has gone astray, but not that two have been mislaid.

And spell "will" correctly.

GuidoT

It is a bit early to be conciliatory. You are conceding on the deposit point too early in your LBA, without any concessions on the LL part.

Based on your letter I would see your maximum position as £1,200.00, he should see it as £4,800.00. Of course you can settle for a lower sum for the £1,200.00, but I would not make this known just yet.

Ask for £4,800.00 and then let the LL come up with an offer.

If you conceed the 3x deposit point, you need to make your offer without prejudice so that if you commence proceedings the LL cannot use your letter as evidence.

I see you are not around, I will amend your LBA to suit if you want me to.

kiavvak

RAS wrote: »

And spell "will" correctly.

Good spot! Thanks

kiavvak

GuidoT wrote: »

It is a bit early to be conciliatory. You are conceding on the deposit point too early in your LBA, without any concessions on the LL part.

Based on your letter I would see your maximum position as £1,200.00, he should see it as £4,800.00. Of course you can settle for a lower sum for the £1,200.00, but I would not make this known just yet.

Ask for £4,800.00 and then let the LL come up with an offer.

If you conceed the £1,200.00, you need to make your offer without prejudice so that if you commence proceedings the LL cannot use your letter as evidence.

I see you are not around, I will amend your LBA to suit if you want me to.

That would be very helpful for us, if you can spare the time.