Landlord not using dps

alz9

Hi,

We recently moved out of a property rented on a 6month assured short-hold tenancy. Upon leaving our landlord decided to charge us £50 out of our deposit because of trivial things like she found hairs in the garden and had to do some dusting. We looked after the property and were very conscious to clean thoroughly when we left. We may agree there could have been some pet hairs in the garden, but as she new and was happy for us to have pets, I don't see that we should pay her for sweeping the few hairs we had missed. Also, we cleaned the house thoroughly but if there was a bit of dust, again, I don't see how this could warrant taking any money off of us. I feel she has decided that a day of prepping the house for her new tenants should be paid for by us. Unreasonable and unfair.

So I have told her I would like to dispute this through the proper channels and asked for the DPS scheme she used to put in my appeal to any deposit being withheld. However, since then the landlord has returned the remainder of the deposit and kept the £50 for herself and just ignored every email I have sent since requesting the DPS info.

My suspicions are that she hasn't deposited the deposit in a scheme as required in the housing act and so she is ignoring me to keep the money.

I am rather upset that she has stolen our money and then continued to ignore my emails. Therefore, after researching the law I have found that if a landlord doesn't protect the deposit in a DPS then a court may award the tenant a fee of three times the deposit back as compensation. I am therefore considering pursuing this.

My query is how I should go about this. I am aware that you can raise a court action by using H&M Court website but I don't know if this is the correct thing to do in this situation or how I should raise the case. Do I set up an action based on the £50 stolen from us and bring the DPS legislation up in the case or should I make a case based on the DPS and Housing Act breach on its own? Also, having never been to court, it would be good to get some feedback as to what we're getting ourselves in to.

We're slightly against pursuing this but due to the circumstances we feel this is our only option. Also, the law is surely in place to deter landlords stealing money like this.

Thank you very much for your help and advice,

Al

G_M

Check each of the 3 schemes yourself to see if it was registered. (though you should have done this 6 months ago!)

Write her a formal letter, headed "Letter before action" requesting the return of the outstanding balance of yourdeposit within 5 workings days.

Point out that you will be claiming for 3 times the deposit since it appears the deposit was not registered in accordance with the Housing Act 2004 as well as your court costs.

Then start an action.

pmlindyloo

Here's the info for the 3 schemes:

http://england.shelter.org.uk/get_advice/paying_for_a_home/tenancy_deposits/deposit_protection_and_tenancy_deposit_schemes

sammyjammy

Do you have it in writing what she took the £50 for? Even if it was protected it sounds like an invalid reason for a deduction. Pet hair in the garden LOL

alz9

Thanks so much for your advice!
I've sent the 'letter before action' as an email (hope this is acceptable by email) with a 5 day response time.

Also, should I have to then take this further am I right in thinking I should begin the process here:

moneyclaim. gov. uk

If so there is a fee based on what you are claiming for. Do I claim for the £50 and let the court decide if they want to award the 3 x deposit fine etc or do I have to set the claim as if I'm claiming for £50 + 3x Deposit? My guess would be to simply claim for the £50 and pay the lower court fee for now but as I've said, I've never done anything like this before.

Thanks again,

Al

The_Pixi

alz9 wrote: »

Thanks so much for your advice!
I've sent the 'letter before action' as an email (hope this is acceptable by email) with a 5 day response time.

Also, should I have to then take this further am I right in thinking I should begin the process here:

moneyclaim. gov. uk

If so there is a fee based on what you are claiming for. Do I claim for the £50 and let the court decide if they want to award the 3 x deposit fine etc or do I have to set the claim as if I'm claiming for £50 + 3x Deposit? My guess would be to simply claim for the £50 and pay the lower court fee for now but as I've said, I've never done anything like this before.

Thanks again,

Al

Going to be a bit blunt here, mostly because from what you have said, you seem to have an open & shut case here and you can't be bothered to follow the advice and do things nice and orderly.

A letter before action is not an e-mail or even a quick SMS, Facebook messaage, game of Chinese whispers or whatever else you may interpret the word 'letter'

Send the landlord a soddin letter and get proof of postage for free by asking for it at the post office counter when you send the letter

Good luck

G_M

Edit your email, print it off, and put it in an envelope.

My advice (which is based on what courts expect you to do before starting legal action!) was

Write her a formal letter, headed "Letter before action" requesting the return of the outstanding balance of yourdeposit within 5 workings days.

Please note the two words used: 'Formal' and 'letter'.

Your 5 day response time should be based on the the date the letter is received, which is presumed to be 2 days after posting 1st class. As advised above, get (free) proof of posting from the post office (do NOT use recorded delivery).

Claim the maximum: £50 plus 3 times, plus 'costs'

alz9

Ok, I really appreciate your help but in my defense, the reason I mentioned the email was because I was seeking advice. I sent the email as I'm eager to get this sorted and wanted to get it away as soon as possible; but I imagined there may be a problem with emails. I see no reason why though. We are in 2012 and an email isn't comparable to a text message, facebook thread etc. An electronic mail letter is how I interpret an email; with embedded information including dates and recipients etc that can be verified and used in court. But I'm not at all bickering. These are not your rules I know. So anyway, if a physical 'paper' letter is required by the courts still then that's what I'll send. So thanks.

Still, any advice on the court action procedures mentioned above would be well received in preparation of that eventuality ie using the web based court procedures.

Also, what would people advise me to do if she returns the £50 upon receipt of the 'letter before action'? Should I still pursue a claim based on her non compliance with the law?


Thank you again,

Al

terryw

The court fee is indeed based upon the amount claimed and you can't really claim £50 and then ask for £200 when you get to court (if indeed this ever happens) .

Even if you claim the "3 times" and it did get to court there is absolutely no guarantee that this will be awarded.

G_M

alz9 wrote: »

.... I sent the email as I'm eager to get this sorted and wanted to get it away as soon as possible; but I imagined there may be a problem with emails.
Al

In that case you'd have done better to follow the advice instead of wasting time making up your own process.

Claim the amont you want to claim - you can't increase your claim halfway through!

Use https://www.moneyclaim.gov.uk/web/mcol/welcome

If you get the £50 back in response to your letter (or emaol!) I'd cash it and move on with your life. Court action is a pain, inevitably takes up emotional effort, time, stress etc. And the court has discretion over the 3 times and will likely view the £50 refund as mitigation.

zappahey

alz9 wrote: »

Also, what would people advise me to do if she returns the £50 upon receipt of the 'letter before action'?
Al

Say thanks, stick it in your pocket and walk away happy.