Should I start court proceedings against former landlord?

rickdews

Hello,
I rented a property from a letting agency for around four months. Towards the end of the tenancy I checked with the three government registered deposit protection schemes and found that the £700 deposit had not been registered with them.

I moved out on May 31 and still have not received my deposit back. Today they texted me to say that the person who deals with deposits will not be back in until Friday.

It has been longer than the statutory 10 days required to return deposits and more than the five to seven days they set out in their contracts.

Is there anybody else who has had successful experience of launching a case in the small claims court with this? Do you think I should start proceedings or wait until Friday? I don't want to be fobbed off again by them.

My concerns about launching legal action is that it could drag on and it might mean that I don't get any money back at all.

Thanks

satchmeister

rickdews wrote: »

Hello,
I rented a property from a letting agency for around four months. Towards the end of the tenancy I checked with the three government registered deposit protection schemes and found that the £700 deposit had not been registered with them.

I moved out on May 31 and still have not received my deposit back. Today they texted me to say that the person who deals with deposits will not be back in until Friday.

It has been longer than the statutory 10 days required to return deposits and more than the five to seven days they set out in their contracts.

Is there anybody else who has had successful experience of launching a case in the small claims court with this? Do you think I should start proceedings or wait until Friday? I don't want to be fobbed off again by them.

My concerns about launching legal action is that it could drag on and it might mean that I don't get any money back at all.

Thanks

I'd wait until Friday and get a response from them, ask for it to be in writing if they don't say they will send full settlement. Always looks better to have been reasonable when you go to court and giving them a few days is reasonable.

Legal action (or the threat) may be the ONLY way of getting your money back. If they have not protected the deposit you can sue for 3x the amount, search on other threads for details.

pmlindyloo

satchmeister wrote: »

I'd wait until Friday and get a response from them, ask for it to be in writing if they don't say they will send full settlement. Always looks better to have been reasonable when you go to court and giving them a few days is reasonable.

Legal action (or the threat) may be the ONLY way of getting your money back. If they have not protected the deposit you can sue for 3x the amount, search on other threads for details.

Agree with the first part of this but I believe you will not be able to sue for 3x the amount since you have ended the tenancy (a recent court ruling - sorry, haven't the details, perhaps someone more knowledgeable can provide them).

ps Out of interest, what sort of agreement did you have since you only lived there for 4 months?

theartfullodger

You should definitely take legal action if they don't give you the money back: If only to remind them that they should stick to the rules & the laws.


You can sue either (or both) the agent or the landlord. Both have been successfully sued over deposits.

If you get no sensible written response by end Friday write them both a calm, polite but direct letter requesting your money or you will start court proceedings: The threat may make them behave.,

Send the letters (keep copies!!) by post with a **free** certificate of posting from any post office. Do not use recorded-signed as dodgy landlords or agents (or tenants..) may simply refuse to sign.

Best of luck! They sound like crooks who need a good kicking..

Artful (Landlord)

jjlandlord

satchmeister wrote: »

If they have not protected the deposit you can sue for 3x the amount, search on other threads for details.

Bad advice. (1) this is an expensive procedure, and (2) recent court of appeal decision ruled out such action after the end of the tenancy.

Imo OP should send the landlord a letter before action giving 14 days for the deposit to be repaid in full (seems that he did not propose any deduction).
If landlord does not comply, OP should then start a money claim for the amount of the deposit.
Remember that the deposit is the landlord's responsibility, so he should be sued, not his agent.

GAH

Wait until Friday to see what the Agent says.

Was there an Inventory carried out when you move in?

If they fob you off on friday, then inform them that you will be taking the relevant action.

As for claiming 3 x depoist, I believe you wont be able to do this anymore as the tenancy has now ended. You can only make a claim for 3x deposit within the term of the tenancy.

rickdews

pmlindyloo wrote: »

Agree with the first part of this but I believe you will not be able to sue for 3x the amount since you have ended the tenancy (a recent court ruling - sorry, haven't the details, perhaps someone more knowledgeable can provide them).

ps Out of interest, what sort of agreement did you have since you only lived there for 4 months?

It was a six-month contract on the basis that it could be terminated with a month's notice, which I gave them a month before I moved out and they put somebody new in.

jjlandlord

pmlindyloo wrote: »

ps Out of interest, what sort of agreement did you have since you only lived there for 4 months?

A standard AST can be for 4 months or less. The only caveat is that the landlord cannot use the section 21 route to evict the tenant for the first 6 months...