Deposit issues

top_drawer_2

hello,

I've had a number of problems with my landlord over the past few weeks which have led me to believe that they can no longer be trusted. I checked whether my deposit had been protected as I requested at the beginning of the tenancy (lots of excuses at the time but I believed she would eventually get round to it). I checked the three schemes and none of them are holding my deposit.

Using a template from from the web I requested that she did this ASAP. She responded with a notice to evict. It hasnt been properly served being neigher a s8 or s21 so I have given her a months notice (requesting again that she protect my deposit and entitled Letter before Action) as I have found somewhere else to live.

I suspect she still wont protect the deposit as she sees it as "hers" to keep and that no-one has the right to interfere regarding "her" house.

Whats the next step?

a) If she doesnt protect my deposit and doesnt return it in full when I leave, what happens?

Thanks

vax2002

Dont pay the last months rent, probably all you will see of it.

top_drawer_2

I've already paid my month on the 17th, prior to her serving me notice.

FireWyrm

How did you pay? If it was by card, start a chargeback in motion. If it was a cheque, get it stopped immediately.

The deposit must be protected by law, it isn't just sodding advice, she must comply. How much was it for? you may have to go the small claims route, but be prepared to take it all the way. If you're not, then it's a waste of time, if you are, it's relatively straight forward and inexpensive to do. It's a case of how much hassle do you want. You will win and when you do, you sick the debt collectors on her.

Also, does she have permission to rent the house from the Mortgager? If not, hold this up your sleeve, but you could always shop her.

jjlandlord

FireWyrm wrote: »

How did you pay? If it was by card, start a chargeback in motion. If it was a cheque, get it stopped immediately.

OP has no valid reason to start a chargeback, and with a cheque he'd have no defence whatsoever if cheque bounces.

What OP can and should do if deposit is not returned to sue through a money claim.

top_drawer_2

FireWyrm wrote: »

How did you pay? If it was by card, start a chargeback in motion. If it was a cheque, get it stopped immediately.

The deposit must be protected by law, it isn't just sodding advice, she must comply. How much was it for? you may have to go the small claims route, but be prepared to take it all the way. If you're not, then it's a waste of time, if you are, it's relatively straight forward and inexpensive to do. It's a case of how much hassle do you want. You will win and when you do, you sick the debt collectors on her.

Also, does she have permission to rent the house from the Mortgager? If not, hold this up your sleeve, but you could always shop her.

It was made by Standing Order. Same as always - I've lived here since October 2009.

The deposit was £280.

I am willing to take it as far as possible.

I doubt she has permission. I intend to inform them as soon as I have vacated.

FireWyrm

jjlandlord wrote: »

OP has no valid reason to start a chargeback, and with a cheque he'd have no defence whatsoever if cheque bounces.

He has no defence at the moment because an unscrupulous landlord is relying in the fact that the law requiring deposits to be protected can't really be enforced with anything like the tough penalties it should be. The aim of the game is to get his money out of the landlord before s/he makes it disappear. S/he obviously doesn't respect the law anyway, so what realistic chance do you believe the OP has with the court. By stopping or recovering the money, he gets it. Clean up the legality later. By being a law abiding tenant, he does himself no favours when up against someone who clearly has no problems flouting it.

jjlandlord

FireWyrm wrote: »

He has no defence at the moment because an unscrupulous landlord is relying in the fact that the law requiring deposits to be protected can't really be enforced with anything like the tough penalties it should be.

No. He would have no defence in the sense issuing a cheque = paying, and there is no defence if the cheque is not honoured.
Basically if you sue someone for payment because his cheque to you bounced he will loose.

Anyway, rent's been paid, so now, as said, if deposit is not returned at end of tenancy the last option for OP will be a money claim.

FireWyrm

Nuts...standing order...unfortunately, nothing you can do to stop that.

It's small claims then.

top_drawer_2

So whats my next step?

Do I wait and see if she returns my deposit? or start the process now. I have the forms and if I'm reading everything right then I seem to have a good case.

Emmzi

top_drawer wrote: »

Do I wait and see if she returns my deposit? or start the process now. I have the forms and if I'm reading everything right then I seem to have a good case.

That's a rather obvious question. Wait and see if you have anything to claim for first!

You really do like to cause stress...