Help getting deposit back please!

namakemono

Hi all, hoping someone can give me some advice please. I'm going to paste what I have written down about what's happened so far, and a letter I've just written the first draft of.

This is everything that's happened so far:


Tenancy began: 1st July 2010
Tenancy ended: 31st June 2011
Keys returned and moved out 11th June 2011, receipt for this.

Monthly rental: £375 PCM, gas, electricity, water inclusive. Council tax exemption certificate possessed. All rent paid, proof in bank statements.

Deposit: £562.50, paid on 17th February 2010, proof in bank statement.

Contacted agency via e-mail after tenancy commencement on 31st August 2010 requesting documentation relating to my tenancy, including certificate/proof of tenancy deposit protection scheme; no acknowledgement of this email made.

Contacted agency by phone on 22nd June 2011 as had not received damage report after inspection as expected. Was informed that they had not received my council tax certificate, not sure if they would have contacted me if I had not contacted them. Told via phone that nothing was to be deducted from bond.

Council tax certificate e-mailed to and received by agency on 24th June 2011, proof of sent email, still in posession of certificate if necessary.

Requested acknowledgement of council tax certificate in e-mail but this never arrived. Contacted agency on 9th July 2011, was told it had been received and could expect cheque soon.

Nothing heard by 16th July 2011 so called again, they re-acknowledged receipt of the council tax certificate and was again told to expect a cheque soon as everything was in order.

Saturday 23rd July 2011: called again as received no cheque: was told I needed to speak to account manager regarding this on the Monday.

Monday 25th July 2011, spoke to account manager, who informed me that the landlord had to sign cheques and would not be able to do to this until Wednesday 27th, and cheque would be in the post afterwards.

Called agency on Friday 29th July 2011 to check on progress, was informed no progress had been made, and I would have to speak to the office manager on Monday, been added to a list of others waiting for their deposits. No mention of landlord having signed cheque or not.

Called all three tenancy deposit protection schemes on Friday 29th July 2011, and none had any record of my deposit being registered with them.

Called today, Monday 1st July, asked to speak to manager but despite defiance was not put through- was told by office that everything seemed in order so they are looking into why I have not yet received my cheque, waiting to receive a call by the end of the day but I intend to send letter anyway, which of course they can ignore should I get my cheque back!

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As you can imagine, I'm completely fed up with the constant excuses so want to write a letter demanding the return of my deposit or I will have to begin legal proceedings.

This is my first draft of the letter:

I am writing with reference to the deposit of £562.50 you are currently holding for Flat 4b, 40 Monthermer Road, Cathays, Cardiff, CF24 4RA, which was paid to you 17th February 2010. I moved out of the property on Saturday 11th June 2011, leaving it in good condition, and have been given no reasons for the holding of my deposit, however I have not yet received it back.

I have called the office on multiple occasions, leaving a suitable amount of time inbetween calls for action to be taken, and am not satisfied with the excuses given for why the deposit has not yet been returned.

On Friday 29th July 2011 I contacted the Deposit Protection Service, MyDeposits, and the Tenancy Deposit Scheme, in order to ascertain whether my deposit was protected with any of them. I was informed by all three that they could not find any record of my deposit. I would like to remind you that there is a legal obligation for deposits to be paid into one of these schemes within 14 days of their receipt.

I would therefore ask that my deposit is returned in full by Friday 12th August 2011 to the address above. If this does not occur, please consider this letter the expression of my intention to begin legal proceedings to reclaim my deposit.

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Like I said, that's the first draft so any advice would be most welcomed!

Also I desparately need advice about what to do should I have to take this to court

Thank you for any advice

RAS

Send a letter berfore Action, givoiing the landlord (not the agents) 7 days to repay the deposit before you go to court.

In future make sure the deposit is registered and if not start action whilst still a tenant to claim the 3 times penalty; that will result in the LL registering the deposit quickly.

may_fair

Your claim is against the landlord, not the agent (but won't hurt to CC your letter before action to the agent). If you don't have a home address for the LL, then send the letter to the address for serving notices under s.48 LTA1987 which is usually contained in the tenancy contract.

You can start the claim online at Money Claim Online, or use Form N1 which you can download from HM Courts website. Borrow or buy a book on the small claims procedure; the one I have is by Patricia Pearl.

namakemono

Aha, had a breakthrough, they have called me back and apparently can't find the payment I made for my deposit (despite us both having the invoice), so I've sent them a copy of the bank statement containing the payment, hopefully that will be the end of it now! (although why they didn't tell me that sooner I've no idea...)

RAS

I think this is called playing for time?

namakemono

They already have played for time, I moved out ages ago! I've given them the ultimatum (both verbally and with my e-mail) that if it's not with me by Thursday my next step is a letter of intention to begin legal proceedings.