Getting our damage deposit back?

jamie11

FilmPhoto83 wrote: »

what's the 'Letter Before Action'? Do i just state what action i plan to take if she doesn't come up with the money?

Write a letter to her stating that you give her seven days to pay you or you will start a claim for the money. If there is no inventory then she would struggle to prove any damage at all.


You could also mention that you are aware of the possibility of a claim for 3x the deposit if it had not been protected, I do not advise you to make this claim as it becomes very expensive and it would be quite easy for her to defeat, but she may not be aware of the recent court cases over this. It may concentrate her mind though.

tbs624

jjlandlord wrote: »

If you have a joint-tenancy there is no such thing as "your" share of the deposit as far as the landlord is concerned.
The landlord has one tenant, all the joint tenants collectively. It is for the joint tenants to sort things out among them once the deposit is returned.

The points here though are that (a) the lead T does not appear to be a T anymore (b) the LL has not notified a change of LT to the DPS and (c) it does not sound as though the deposit will be returned.

jjlandlord wrote: »

An incoming joint tenant cannot be asked to pay anything to an incoming joint tenant. The deposit is strictly between tenant and landlord.

*You* know that and *I* know that LLs *should* not: however the fact remains that in many tenancies ( esp student ones) that is what the LL seeks to do and that is why I asked whether this is what had happened here. You can say "a LL cannot do that" as many times as you like - the fact is that many LLs do exactly as they please and some of them get away with it.

BitterAndTwisted

FilmPhoto83 wrote: »

I honestly couldn't say on the evidence front. I know she has a piece of paper that stated what she wanted to deduct and what i was prepared to challenge that I signed. As for anything else, I couldn't say. I have pictures, though.

Also, probably a daft question, but what's the 'Letter Before Action'? Do i just state what action i plan to take if she doesn't come up with the money?

The first thing you do is wait until Saturday when the tenancy has ended. Then you WRITE to the landlady asking her what documentary evidence she has to justify whatever these proposed deductions are. Once you've received her reply, come back onto this thread and we'll offer more advice on the next step.

jamie11

tbs624 wrote: »

The points here though are that (a) the lead T does not appear to be a T anymore (b) the LL has not notified a change of LT to the DPS and (c) it does not sound as though the deposit will be returned.

OP has already explained that all 4 of them had separate tenancy agreements and separate deposits, so it's down to the landlord to refund each deposit to each tenant. If the one that has left does not respond then landlord can make a single claim for her share and recover his money.........eventually.

tbs624

FP83 - your tenancy deposit absolutely should have been registered as a separate one *in your name*.

LLs try to avoid getting charged extra for each deposit if using TDS or mydeposits but as DPS is free to use your LL's actions are peculiar.

FilmPhoto83 wrote: »

I honestly couldn't say on the evidence front. I know she has a piece of paper that stated what she wanted to deduct and what i was prepared to challenge that I signed. As for anything else, I couldn't say. I have pictures, though.

Were you not given an inventory to go through when you first moved in, with a copy to be returned to the LL signed by you?

FilmPhoto83 wrote: »

Also, probably a daft question, but what's the 'Letter Before Action'? Do i just state what action i plan to take if she doesn't come up with the money?

Basically, you are supposed to be able to demonstrate that you have made reasonable attempts to seek resolve, before proceeding to court.

Its important that you keep dated copies, get certs of posting etc and that the the letter does have those three little words (LBA) up at the top.

tbs624

jamie11 wrote: »

OP has already explained that all 4 of them had separate tenancy agreements and separate deposits, so it's down to the landlord to refund each deposit to each tenant. If the one that has left does not respond then landlord can make a single claim for her share and recover his money.........eventually.

Thanks - I have since seen her later post clarifying her position, hence post 16 which crossed with your own.

FilmPhoto83

tbs624 wrote: »

FP83 - your tenancy deposit absolutely should have been registered as a separate one *in your name*.

LLs try to avoid getting charged extra for each deposit if using TDS or mydeposits but as DPS is free to use your LL's actions are peculiar.

Were you not given an inventory to go through when you first moved in, with a copy to be returned to the LL signed by you?

Her words to one of the tenants was 'there's an inventory somewhere, you'll have to find it'. She never made any attempt to make a new one or do one for our lease. I eventually found said inventory but they had been filled in by last year's tenant.

BitterAndTwisted

Well, that's fine. It means your landlady has no evidence and therefore no compelling reason to not return your deposit in full. This should all be quite staighforward. Wait until Saturday and then write your letter. Keep a copy for your own records (you may need it later) send it by first-class post and retain proof of posting. Wait for her reply and post back here with her response.

FilmPhoto83

After several texts yesterday trying to sort it and stating my intention to seek legal advice suddenly she text me this morning and, magically overnight, the lead tenant now has the number needed to sort it all out.

It all sounds very dubious and if I haven't heard anything by Monday I shall send the letter and I'm seeing a family friend who's a lawyer, also.

I mean, why all of a sudden, when the DPS was closed, did the lead tenant get the info we've all been waiting for? LL's should not be allowed to act this way! Especially when it's students involved who have probably, like me, never rented before in their life and know very little of what's what.