More deposit trouble

tolly

Hi, I was wondering if anyone can help me.
I've been in touch with the Citizen's Advice Bureaux and they said what I asked was too complicated for them to deal with and referred me on to someone else, which was fair enough but the office hours for this place make it impossible for me to get in to see them and they don't respond to email or phone queries which is a bit annoying. But I got great advice from users of the forums a few years ago and was hoping you could all help again.

We rented a property through a rental agency. When we moved out, we were present while the rental agency carried out an inspection of the property, which they said was fine, and their representative signed a report which we also signed to say this was the case. They took several weeks to return our deposit and we were on the phone almost daily chasing them up about it. When the money did eventually arrive in our account, it was for £150 less than we were expecting. We wrote to them regarding this but received no response. We are planning on taking the case to the small claims court to recover our money but there are some points I would like clarification on first.

My questions are these:
1. Who do we take to court, is it the rental agency or the landlord? Payments were always made through the agency, and this was who the deposit was paid to.

2. If it is the landlord, do we then need to write before starting the claim process, or should we assume the agency passed our original letter on to them? And just file the claim.

3. As we received no notification that they were keeping our money, does this mean they have no right to do so? It was my understanding that if there were any issues with the property, that we had a week to sort these out under the terms of our tenancy agreement. We were given no notification of this, despite repeated contact with them throughout this period. So even if there were issues, should we not have been given a chance to fix them, and as we weren't, does this mean they have no right to keep the money, even if there were problems?

4. The report that the rental representative signed, can we request a copy of this to prove this was the case? Or is it irrelevant? We have photos of the property etc. and there were two of us present when this happened, but there was no copy of this for us.

Thanks for your help, Laura

Werdnal

Before anyone can reply. if may be helpful to have some more info:

Was tenancy in England/Wales?
When did it start?
Was there a fixed term, if so when did this end?
Who ended the tenancy - did LL give notice or did you?
Was deposit protected in a government scheme and were you given the "prescribed information" confirming which scheme was used?
When you moved in, was a check-in inventory carried out? Did you sign this and/or receive a copy?

You should have been given a copy of the check-out report and if your tenancy began after April 2007, your deposit should have been protected, so you woul dhave had to agree to any deductions before the LL/LA took them.

G_M

Please answer Werdnal's Qs above. However assuming England/Wales:

tolly wrote: »

Hi,......
My questions are these:
1. Who do we take to court, is it the rental agency or the landlord? Payments were always made through the agency, and this was who the deposit was paid to.landlord - that's who your contract was with. Name/address should be on tenancy agreement.

2. If it is the landlord, do we then need to write before starting the claim process, yes or should we assume the agency passed our original letter on to them? No!!!And just file the claim. No. Landlord may know nothing about this and happily return your £150 when you tell him.

3. As we received no notification that they were keeping our money, does this mean they have no right to do so? No, not if the deductions were justified It was my understanding that if there were any issues with the property, that we had a week ??no to sort these out under the terms of our tenancy agreement. We were given no notification of this, despite repeated contact with them throughout this period. So even if there were issues, should we not have been given a chance to fix them, Not once you've left and as we weren't, does this mean they have no right to keep the money, even if there were problems?Good practice would be to advise you in adnace of issues and expected costs, but no, once you've left the LL can deduct justifiable costs

4. The report that the rental representative signed, can we request a copy of this to prove this was the case? Of course! (though whether they provide it.......)Or is it irrelevant? Sounds highly relevant We have photos of the property goodetc. and there were two of us present when this happened, but there was no copy of this for us.error!

Thanks for your help, Laura

tolly

It was in Scotland.
We moved in in May 2008, it wasn't fixed term.
The landlord gave notice as he wished to sell.
Don't think the deposit was in any sort of protection scheme, does that apply in Scotland?
There was an inventory at the start, it was an unfurnished property so it was pretty basic but all in order.

No copy of the check out report. Again, does that apply in Scotland?
Thanks very much,
Laura

tolly

G_M there was a clause in our tenancy agreement which reads "within one week of the termination of the lease the tenants will replace any articles, fixtures, furniture and fittings in the house which may have been broken or otherwise damaged, and failing replacement, to make payment to the landlord of the replacement value thereof."
As there was no damage to the property, no bills outstanding, cleaned to a high standard, etc (which they agreed to in the check out), we don't understand why they are even keeping it, and I was really wondering, based on the lease quote above, if them having said there was nothing wrong with the place and then keeping it would be viewed as being wrong or at least slightly devious as if they'd mentioned anything that needed to be resolved during the checkout, we would have had a week to sort it. By them saying nothing, that seems to buy them a week and after which they can make any claims they want? (Not that they've claimed anything, they just haven't responded.)

tolly

Also, no LL address on Tenancy agreement or anything else, all contact was through agency.

G_M

If you were never given an address in writing for the LL (though this can be c/o the agency or anywhere else) in accordance with Landlord and Tenant Act 1987, you did not need to pay any rent. At all! (bit late now though).

Write to the LL c/o the agency, explain what's happened, ask immediate return of full deposit or breakdown of costs for deductions, together with request for explanation as to why you were not given the opportunity to make good in accordance with clause x.y of the contract, or you will start proceedings in the SCC.

Ask for a response with 5 working days.

Thrugelmir

G_M wrote: »

Ask for a response with 5 working days.

14 days would be considered more reasonable. If the matter was subsequently pursued through small claims court.

wackorash84

Going through the small claims court is not cheap and it is not guaranteed that you'll get your money back either.

It took us 9 months (a lot of patience), £300 in expenses and a lot of time (+ research) And only after we threatened with the courts sheriff upon winning CCJ twice did we get £1,500 back. However, the amount was worth the wait!

So for the sake of £150, I hope you manage to sort it before it goes to SSC.

Benji

The advice you are being given relates to English/Welsh law. Knowledge about Scots law is a bit thin on the ground.

Telephone Shelter Scotland for expert & free advice.