legal proceedings for deposit back

kanari

Hi,

I have problems getting the deposit back from the landlord , the case is a bit complicated as the deposit gone missing between two landlords , and I intend to go for legal proceedings after 5 months of dealing without any result.
can you plz help me find a solicitor ( if you know one in london ) who can conduct the proceedings for me in this case and do legal aid


Thank you

BitterAndTwisted

You don't need a solicitor or legal aid! You can start proceedings in the Small Claims Court yourself. You just need to know who you are going to claim the monies from. It's my understanding that when a property changes hands it's the new landlord who is responsible for returning your deposit back to you.

When exactly did your tenancy start?

jamie11

kanari wrote: »

Hi,

I have problems getting the deposit back from the landlord , the case is a bit complicated as the deposit gone missing between two landlords , and I intend to go for legal proceedings after 5 months of dealing without any result.
can you plz help me find a solicitor ( if you know one in london ) who can conduct the proceedings for me in this case and do legal aid


Thank you

You should not need a solicitor for this.

Send your latest landlord a letter before action stating that you require repayment of your deposit. Give him 7 days to respond.

If you get no satisfactory response then file a claim using mcol.

Explanation. When the property changed hands then your new landlord's solicitor should have overseen the transfer of the deposit to the new owner. The new owner is inescapably responsible for your deposit. The deposit should have been protected in one of the three government approved schemes. If it was not then you may also have the possibility of a claim for 3x the amount of the deposit as a penalty on the landlord.

I do not recommend you claim the 3x penalty because it can get very expensive if you lose, but your claim for your deposit alone is almost risk free.

BitterAndTwisted

The deposit should have been registered with one of the three deposit-protection schemes IF the tenancy started after April 2007 which is why I asked when the tenancy started.

OP; write your Letter Before Action to the latter of the two landlords as Jamie11 advised.

may_fair

jamie11 wrote: »

If it was not then you may also have the possibility of a claim for 3x the amount of the deposit as a penalty on the landlord.

I do not recommend you claim the 3x penalty because it can get very expensive if you lose

Tenants whose tenancy has ended have no claim for the 3x deposit sanction since the judgment in Gladehurst v Hashemi a couple of weeks ago.
http://nearlylegal.co.uk/blog/2011/05/eviscerated-now-also-drawn-and-quartered/

jamie11

True, I'd forgotten that.

jjlandlord

jamie11 wrote: »

True, I'd forgotten that.

Still a good idea to mention that in the letter before action, though.

Enfieldian

So these days the Landlord doesn't face any penalty unless you are still living in the property and kick up a fuss, which will more than likely result in you getting a Section 21 at the earliest opportunity?

After you have moved out they can just hang on to the deposit until you waste time and more money trying to get it back?

Wonderful.

jjlandlord

Enfieldian wrote: »

So these days the Landlord doesn't face any penalty unless you are still living in the property and kick up a fuss, which will more than likely result in you getting a Section 21 at the earliest opportunity?

Well, they would need to protect the deposit in order for the section 21 notice to be valid. So at least you'd have succeeded in that

kanari

Hi,

thank you everyone for the replies

maybe I should give you more clarification about the case : the problem started when I have renewed the contract with the old LL on 6/8/2010 for 6 months . then on 12/10/2010 the old LL sold the flat to a new LL which is represented by agent , when I moved out the agent refused to give me back the deposit 1450£ and said that they dont hold it and I have to claim it from the old LL , I contacted the old LL and she refused aswell and said that the deposit was transferd to the new LL , for two months I tried to get the deposit back in good and freindly way but both insist that they dont hold it and have to get it from the other party.
what I did so far after the wasting 2 months on freindly dealing :

- as the deposit was protected by the old LL I have raised a dispute resolution which faild because the old LL has proved that she is not responsible of the flat anymore and the scheme told me to claim it from the new LL

- I have sent letter before action to both old LL and agent and no replies

- I have sent second letter before action to the agent and mentioned the 3x penalty and no reply

=======================================================

- The agent refused to give me the name and address of the new LL

- I have a letter from the agent confirming that I have left the flat in good conditions

- the agent didnt protect the deposit under any scheme

- the tenancy agreement I have is on the name of the old LL

I feel that the case is complicated that is why I think I need a solictor to help me on this + I want to claim the 3x penalty for unprotected deposit

may_fair

kanari wrote: »

I want to claim the 3x penalty for unprotected deposit

As I said in post #5, you have no claim against anyone for the 3x penalty if the tenancy has ended, due to a binding court judgment last month. Read the link I posted.

You have been pursuing the wrong individuals for return of the deposit. The person who bought the property stepped into the shoes of the old landlord completely and your contract is with him (he should have served notice on you telling you he's the new landlord). Go after the new landlord. Get his name/address from the old landlord or from the old landlord's solicitors.