Taking LA to court, over deposit not in scheme.

kizzie_nikita

jjlandlord wrote: »

Even if tenancy is about to end there seems much trouble and little benefits to start court proceedings.
If OP is that worried, last rent could be withheld to compensate the amount of the deposit.

It's the fact that i don't think it's fair for them to be not abiding the law. Everyone has to do it, and if you don't you pay for it.

Maybe us taking him to court, will teach him to put the next tenants deposits in the scheme so they don't have to go through the worry.

For all we know they've got it in their bank and are gaining interest from it. Maybe not, but maybe.

Break the law IMO and you shouldn't get let off.

BitterAndTwisted

OK, there's no point in being driven mad by these absolute numpties. Precisely on what date will your tenancy end and when is the next rent-payment day if there is one? You have a choice: you can either write the letter including all the details I gave you before or withhold the last month's rent and put it in writing to both the landlord and the agent why you are choosing to do so. That deposit is your money, which should have been registered and by not registering it you are being exposed to nefarious and time-consuming ways of them withholding it from you. Don't let them mess you around and waste your time. Please act now.

If you don't withhold the last month's rent, they do hold onto your deposit and are compelled to go down the court route it will cost you about £50 to file the documents. There's absolutely no need for a solicitor. All you need is all of the proper documentation like a receipt for the deposit paid or mention of it having been received in the tenancy agreement, copies of your correspondence asking them to register it plus them having no justification for making spurious deductions for damage or dirt in the property. That last part could be the hardest part to fight if they are determined.

Was there discussion in your other thread about the presence of a dual-signed inventory at the start of your tenancy?

kizzie_nikita

Thank you B+T, i thought that they would just protect it, once i said about court, but they are literately ignoring anything to do with it.

We haven't an inventory as such the LA just went to each room, took a glance and said a number out of 10 to mark it with.

Saying that, this isn't in my contract, so maybe they only had this part on theirs?

Edit- Does anybody think that we/i'm in the wrong for wanting to take them to court if they don't protect it soon? i feel as if i shouldn't purely because we are leaving soon. What if court thinks we are being pathetic?

Edit again- Tenancy ends on 17th May. So we paid the last months rent, today.

jjlandlord

kizzie_nikita wrote: »

It's the fact that i don't think it's fair for them to be not abiding the law. Everyone has to do it, and if you don't you pay for it.

Considering the time and effort to go to court you will be paying for it as well.

It's not about you being wrong or right to do it, or them paying for breaking the law, it's about how much you're willing to pay just to make a point (assuming that you can in effect get your deposit back by withholding last rent(s) or otherwise get the deposit back).
Legal fees related to a court action for non-protection/3x deposit can easily exceed the amount of the deposit itself...

If you must go to court, better it be to just get the deposit back, as suggested by B&T.

Edit: Just read your edit that you paid rent today... Argh!

BitterAndTwisted

It's not about punishing people, it's about getting your own money back fairly and rightfully.

Just get your letter written like I suggested hours ago and send all four copies off tomorrow. If they don't know there are penalties for non-protection you need to tell them. And tell them you will be pursuing them for it.

Paying that last month's rent today was a terrible pity. Didn't anyone suggest you withhold it on your previous thread?

kizzie_nikita

jj - i have lots of time, and i have read, how ever much we have to pay to get to court, if we win the ll would have to pay that back anyway.

B&t- not sure if you missed it, but i have sent them both letters earlier, they are in the post.

jjlandlord

kizzie_nikita wrote: »

jj - i have lots of time, and i have read, how ever much we have to pay to get to court, if we win the ll would have to pay that back anyway.

It's good to see people with lots of time and spare cash to spend on court battles.

Let us know how it goes (it should reach court after amendments of Localism Act take effect).

kizzie_nikita

no need to be rude. Why would you assume i have money?

Im a 20 year old girl and i can assure you, money is something i have nothing of. I do have family however, who can lend me somthing if needed.

I want my money in a scheme, so i get it back within the amount of time it states, i dont want to ignore it, then find out theyve ran off with it, or wont give me it all back, then have to go to court anyway.
It would only cost 50-80, of which i would get back anyway.

kizzie_nikita

This is what i just received from the LA.

HI Kizzie

I have looked into this enquiry for you and spent a lot of time doing my research

I have also spoke to your landlord regarding your concerns and fully updated him

I fully understand that's its a legal requirement to deposit tenants deposits into deposit schemes

I have looked at the old case notes relating to (house address) and here are my findings :

You paid the deposit to Steven Hamblett for the amount of £475 , this was paid just before you moved into the property on (address) at the office on Elliott Street,Tyldelsey
Your deposit was registered at the time with the DPS however it looks like the money was never received at there end for whatever reason
This may of either been due to the fact that the cheque was lost in transit or it was never credited to the correct property
Steven Hamblett no longer works for the company so we are unable to check what went on
Within a month or so of you paying your deposit , Intelligent Property Sales in Tyldesley was closed down.
A brand new limited company was formed with a completely new director who maintained a similar brand
The new director has always said that if any problems arise from past tenants then she would be happy to address them and settle the monies herself
To date this is the first issue we have come across in nearly 2 years

So as i have said previously your deposit is safe and will be refunded when you move out

We can either pay the deposit direct to you when you move out or if you like we are happy to register the deposit with the DPS scheme within the next day or so

Please let me know how you wish to proceed

Kind Regards'

Edti- I was also wondering, if it's not in a scheme, can they deduct any money from us for dirt/damage?

BitterAndTwisted

"I have also spoke"

"never received at there end"

"This may of either been"

How frustrating it must be to have to communicate with these illiterate tosspots!


"Its a legal requirement to deposit tenants deposits into deposit schemes"

If this bloody numpty acknowledges that it's a legal requirement to register the deposit why the blazes have they not done so?

All that twaddle about paying the deposit to one party, them allegedly trying to register the deposit and it not being credited at DPS correctly, some-one leaving and them not having any proper records suggests a company that are either lying through their teeth or no-one in their accounts department knows how to do a bloody bank reconciliation. I know which I'll be putting my money on.

TELL THEM TO STOP PREVARICATING AND ARRANGE FOR THE DEPOSIT TO BE REGISTERED. NOW!

You can be quite certain that if your deposit is not registered, they can and will try and make spurious deductions from your deposit. Which will cost you time, money and heartache to try and recover via the courts. Which is the precise reason why the schemes were set up: to protect tenants from getting dicked around by shyster, grasping crooks of landlords and their agents. At least the deposit schemes have an arbitration process to try and keep things fair for both sides.