Landlord not returning deposit

mightymorton

Hi All, Just recently completed an 6 month assured tenancy let which was for our daughter whilst attending university in a brand new flat. It transpires that the landlord never lodged my money with the 3 tenant assurance schemes which is preventing me getting my deposit back.

He is now saying there is a mark on the wall and a stain on the carpet. As both myself and my wife cleaned the flat after we removed all the furniture ( it was an un-furnished let) we cleaned the place from top to bottom and left in in a condition we would expect to find it. The mark he mentions was from the headboard and was minor to say the least and could be constituted fare wear and tear.

The tenancy was completed , all bills payed and we returned our keys to the Letting Agent although no inventory was used as the flat was totally unfurnished.In hindsight a mistake as it should have been done in their presence but the timing of our availability meant it was done at a weekend

It is now 4 weeks since the keys were returned and in spite of phone calls, text messages and e-mail they are all going unanswered.

Shall I just issue a letter before action to see if that releases my money and if no joy go through the small claims process ?

Thanks in advance

anselld

Yes, that is the way to go.

burrough76

go straight to small claims , failure to secure the deposit with the scheme will leave the judge with no option than to award you three times the deposit

the big mistake i did was threaten the landlord this and they then put it in the scheme leaving me in the !!!! ,as judge will not have the option to award the 3 times the deposit! so get the small claim in as soon as possible :beer:

Good luck as I hate rogue landlords

mightymorton

Thanks for the replies. Cant wait to wipe the grin from his face

SavvyStudentSaver

If the tenancy has ended, you can't claim the 3x deposit. Unfortunately, you will only be able to claim for the value of the deposit, plus costs.

mightymorton

Thats a text message being sent informing him to check his e-mail for a "letter before action" along with a typed copy being sent marked for his attention to his business address and for good measure via his web site the full letter cut and pasted that maybe one of his employees picks up and they can see how he conducts his business.

He has 7 days to return my money or it is the small claims track for me.

rentergirl

Send letters recorded, or with firm proof of delivery. Keep copies. Small claims is not as scary as it sounds: usually reasonable judge sitting and being reasonable.

G_M

mightymorton wrote: »

Thats a text message being sent informing him to check his e-mail for a "letter before action" along with a typed copy being sent marked for his attention to his business address and for good measure via his web site the full letter cut and pasted that maybe one of his employees picks up and they can see how he conducts his business.

He has 7 days to return my money or it is the small claims track for me.

By all means use text/email etc for duplication, but you should send a formal letter TO THE ADDRESS ON THE TENANCY AGREEMENT "FOR THE SERVING OF NOTICES".

Send it 1st class and ask the post office for proof of posting.

Do NOT send it recorded delivery as rentergirl suggests. If he declines to sign, or is out when postie knocks, then it will not be delivered!

mightymorton

He has now responded saying he willl lodge a counter claim as he has been unable to rent the property until he has repaired the damage !!, we have been out nearly 5 weeks and the damage is minor furniture marks from a headboard and also he wants me to pay for the damage to the communal close with the flats and minor mark on the carpet that he can get spot cleaned.

What a to**er he is. I have told him to proceed with his claim gave me a chuckle if nothing else

mightymorton

Looks like the small claims track is the only option left to myself. I am based in Scotland rented property was in England does it matter where i lodge the claim ?

robbo1948

I'm not 100%, but believe that you will be able to lodge the claim in your local court, but it will have to be heard in the court local to the offence (England).

But why did your daughter go to uni in England (fee heavy) and not Scotland (fee free!) although that's another discussion entirely.:D

Good luck, landlord sounds a nightmare!