Landlord refusing to repay deposit, no Inventory, no deposit scheme.

Stakkertoo

Fire_Fox wrote: »

It is a small claims action/ case heard in the county court, small claims court doesn't exist it's just a colloquialism. The proof you have about the deposit sounds spot on! If it were me I wouldn't agree to any deductions, you are entitled to a full refund because the landlord failed to lodge the deposit.

Yeah, I am happy to do that, and would prefer not to bring the deductions into it as this is about her breaking the law.

So i'm good to go by just attaching copies of the ASTs, the letter confirming the deposit is with her and the recent back and forth emails?

I'll get this done today hopefully.

Thanks for your help so far. Couldn't have got this far without everyone's helpful advice!

Stakkertoo

In the form N1...it says to give brief details of the claim...could this be said to be brief or am I saying too much at this stage?

[FONT=&quot]I recently moved out of a property after a five year tenancy. The original deposit of £1600 was paid to the landlord on the 25th August 2007. The landlord failed to then register the deposit with a government authorised tenancy deposit scheme.[/FONT]
[FONT=&quot]The landlord has been withholding my deposit for over 3 weeks due to unreasonable demands for repairs and cleaning. There was no inventory of the property as the landlord neglected to ensure that one was taken at the commencement of the let.[/FONT]
[FONT=&quot]To remedy this situation, and in light of the law broken, I am seeking the full repayment of the £1600 deposit.[/FONT]

too much? Should i not even mention the inventory and 'repairs and cleaning'?

Fire_Fox

You need to reference your evidence all the way through. You may find it easier to number or letter all your evidence and then reference as appendices but up to you. Your summary is not in a logical order and you haven't supplied all the dates (recently and five year are too vague) nor names of all tenants and of the landlord. The court should be able to understand the bones of the case without referring to the evidence at all, that is just the proof.

You are we not I, there are two tenants claiming here. IMO you need to explain the change of tenants or change the dates, your tenancy did not begin five years ago that was in your ex-girlfriends name. Presumably you were a permitted occupant from 2007 to 2009 and lead tenant from 2009 to 2012 (or whatever). Note the dates that new ASTs were signed and that again the deposit was not lodged with any of the three schemes. You might bullet point to make it clearer. Ignore the repairs and cleaning, mention the lack of inventory.

Stakkertoo

Fire_Fox wrote: »

You need to reference your evidence all the way through. You may find it easier to number or letter all your evidence and then reference as appendices but up to you. Your summary is not in a logical order and you haven't supplied all the dates (recently and five year are too vague) nor names of all tenants and of the landlord. The court should be able to understand the bones of the case without referring to the evidence at all, that is just the proof.

You are we not I, there are two tenants claiming here. IMO you need to explain the change of tenants or change the dates, your tenancy did not begin five years ago that was in your ex-girlfriends name. Presumably you were a permitted occupant from 2007 to 2009 and lead tenant from 2009 to 2012 (or whatever). Note the dates that new ASTs were signed and that again the deposit was not lodged with any of the three schemes. You might bullet point to make it clearer. Ignore the repairs and cleaning, mention the lack of inventory.

yeah, that was the brief info section on page one, so not much space, I'll have another go at it...thanks. By the way, the deposit is only in my name, does this matter, when you say use 'we' instead of 'I'?


Here is the detailed section:

This is the detailed bit for page 2, i've removed the surnames for privacy.

[FONT=&quot]The Landlord has still yet to return the deposit after more than 3 weeks since the end of the tenancy. (I have included written request for the deposit to be returned, and the landlords written response.)[/FONT]

[FONT=&quot]I moved into the property in August 2007 with my then-partner, who's name is on the initial tenancy agreement. When she left the property in 2009, I took over the role as lead tenant and was included on the subsequent contracts along with a joint tenant, Max O.[/FONT]

[FONT=&quot]I have attached the original Assured Shorthold Tenancy agreement signed by the landlord from August 2007 which states that a £1600 deposit was paid by "Maren G" (The partner of the Claimant at the time, and joint tenant along with the Claimant). The agreement also states on page 4 that the landlord agrees to register the deposit with one of the Government-authorised tenancy deposit schemes (Section B. 2) this was not done.[/FONT]

[FONT=&quot]I have also attached a subsequent tenancy agreement, in my name and that of the joint tenant, from 20th September 2010, which confirms the deposit of £1600 remained with the landlord. (in the margin, the landlord has noted 'Sixteen hundred pounds paid Aug 2007'). Attention has been drawn to the lack of Inventory in section 35 (page 7), written and initialled with the comment: 'No Schedule of contents was provided'.[/FONT]

[FONT=&quot]In March 2012, the tenancy agreement was amended to replace Mr O with Mr Nick S, and I enclose both the Assignment form for the tenancy change and the accompanying letter that confirms that the deposit remained with the Landlord. Please note, Nick S paid a share of the deposit jointly with me, and I am unable to return his share without action from the landlord.[/FONT]

[FONT=&quot]I have made repeated requests for my deposit from the landlord in writing and am now forced to take legal action to recover the money. I am seeking the return of the total deposit £1600 and have been advised that in light of the lack of registration of the deposit, exemplary damages of up to 3x the total deposit can also be sought. [/FONT]

[FONT=&quot]In truth, however, I wish to simply recover my original deposit.[/FONT]

Fire_Fox

I'll clear space in my inbox! Or you can post here and a few people can look, just edit out the actual names and add in the word 'NAME' or a fake name. It's best that you name and title everyone the first time you refer to them so "the lead tenant Jane Jones and the landlord David Bloggs".

Stakkertoo

Fire_Fox wrote: »

I'll clear space in my inbox! Or you can post here and a few people can look, just edit out the actual names and add in the word 'NAME' or a fake name. It's best that you name and title everyone the first time you refer to them so "the lead tenant Jane Jones and the landlord David Bloggs".

it's okay, i just posted it up. it's going to be public in a few days anyway. (i've removed the surnames)

Stakkertoo

Okay, Rehashed the BRIEF (this isn't the detailed section)

[FONT=&quot]
[/FONT]
[FONT=&quot]From August 25th 2007 until 30th September 2012 I was a joint tenant at the Landlord, Mrs [NAME]’s property. [/FONT]
[FONT=&quot]
[/FONT]
[FONT=&quot]Since leaving the property, the landlord has been withholding my deposit for over 3 weeks due to unreasonable demands for repairs and cleaning. However there was no inventory of the property as the landlord neglected to ensure that one was taken at the commencement of the let.[/FONT]
[FONT=&quot]
[/FONT]
[FONT=&quot]The original deposit of £1600 was paid to the landlord on the 25th August 2007 and held by the landlord since then. The landlord failed in her legal duty to then register the deposit with a government authorised tenancy deposit scheme.[/FONT]
[FONT=&quot]
[/FONT]
[FONT=&quot]To remedy this situation, and in light of the law broken, I am seeking the full repayment of the £1600 deposit.[/FONT]

Fire_Fox

Too long winded, you haven't named everyone the first time you refer to them nor named the property. She is not your bedtime buddy for the purposes of this case she was the lead tenant and you were the permitted occupant. Instead of describing the evidence you include in long form refer to it in brackets (see AST dated x) or (see e-mails dated y and z) or (AST appendix 1) so it doesn't clog up the explanation.


The Landlord who? has still yet to return the deposit after more than 3 weeks since the end when? of the tenancy. of which property? [STRIKE](I have included written request for the deposit to be returned, and the landlords written response.)[/STRIKE] despite requests on x, y and z dates (see evidence).

I moved into the property in August 2007 as permitted occupant with [STRIKE]my then-partner who's name is on the initial tenancy agreement[/STRIKE] lead tenant and name (see evidence).[STRIKE] When she left the property[/STRIKE] in 2009, month? I took over the role as lead tenant [STRIKE]and was included on the subsequent contracts[/STRIKE] along with a joint tenant, Max O (see evidence).

RabbitMad

SUGGESTION

As this is post localism act find a no win no fee solicitor to take this case on.

If you claim for anything more than your deposit you will not be allocated to the small claims track and you will be exposed to your LLs fees should you loose or even if you win if you didn't follow the correct procedure.

There are plenty of claims firms touting for business out there and with a letter from a solicitor the LL might see sense quickly

Stakkertoo

Fire_Fox wrote: »

Too long winded, you haven't named everyone the first time you refer to them nor named the property. She is not your bedtime buddy for the purposes of this case she was the lead tenant and you were the permitted occupant. Instead of describing the evidence you include in long form refer to it in brackets (see AST dated x) or (see e-mails dated y and z) or (AST appendix 1) so it doesn't clog up the explanation.


The Landlord who? has still yet to return the deposit after more than 3 weeks since the end when? of the tenancy. of which property? [STRIKE](I have included written request for the deposit to be returned, and the landlords written response.)[/STRIKE] despite requests on x, y and z dates (see evidence).

I moved into the property in August 2007 as permitted occupant with [STRIKE]my then-partner who's name is on the initial tenancy agreement[/STRIKE] lead tenant and name (see evidence).[STRIKE] When she left the property[/STRIKE] in 2009, month? I took over the role as lead tenant [STRIKE]and was included on the subsequent contracts[/STRIKE] along with a joint tenant, Max O (see evidence).

So don't bother with the stuff about the deposit scheme? right? Just refer to the evidence? cool.

BY THE WAY, i am yet to locate the AST from 2009 when I took over as lead tenant, and can only find the one from 2010. Should I just state the facts and just not mention evidence or say that it can't be found? will that be strange or is it okay as i've got evidence from the next year?