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

Fire_Fox

Stakkertoo wrote: »

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?

I just edited two paragraphs and got bored, MSE formatting makes it difficult to read. You will need to do the same to the remaining paragraphs. Do you want me to have a crack at a bit more? I don't want to be a total know it all.

First and last AST should be OK I would have thought, as long as you have something with your name on linked to the comment about the deposit rolling over and something with the last joint tenants name on.

Stakkertoo

How's this for the details page?

[FONT=&quot]The Landlord of [STREET ADDRESS], Mrs [NAME], has not returned our deposit over 3 weeks after the agreed move out date of October 3rd. Written request was made on the 18th October (see email print-outs).[/FONT]
[FONT=&quot]
[/FONT]
[FONT=&quot]I moved into the property in August 2007 as a permitted occupant with lead-tenant [LEAD1]. (See AST dated 25th August 2007) [/FONT]
[FONT=&quot]
[/FONT]
[FONT=&quot]From 22nd August 2009, I took over the role as lead tenant along with a joint-tenant, [JOINT 1].
[/FONT]
[FONT=&quot]
[/FONT]
[FONT=&quot]From September 2010 the rent was adjusted and a new AST drawn up showing my role as lead tenant with joint tenant, Mr [JOINT1]. (See AST dated 20th September 2010)[/FONT]
[FONT=&quot]
[/FONT]
[FONT=&quot]In March 2012, the tenancy agreement was amended to replace the outgoing Mr [JOINT1] with Mr [JOINT2]. (See Assignment Form and accompanying letter dated 14th March 2012)[/FONT]
[FONT=&quot]
[/FONT]
[FONT=&quot]We have made repeated requests for our deposit from the landlord via email and in writing and are now forced to take legal action to recover the money.We are 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]
[/FONT]
[FONT=&quot]In truth, however, we wish to simply recover our original deposit.[/FONT]

Stakkertoo

RabbitMad wrote: »

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

I'm not really sure where to start? A lot of those companies strike me as rather shonky, no? Can you recommend a decent one?

I'd really just want to get my deposit back, but isn't it up to the court to award any penalty?

RabbitMad

Post your question on landlord zone, they may have some idea of companies that are looking to pursue this.

The court will not award any penalty unless you ask for it and if you do you could open yourself upto the LLs costs.

When this legislation first came out some lady tried to do it herself and ended up a test case. her case was good and strong and had she had argued it better originally she would have won, but she argued the wrong points and it ended up as one of the precedents
- that the penalty didn't apply after the deposit was repaid or protected even if the LL only did that on the morning of the court hearing
- that once the tenancy had ended the penalty couldn't be awarded
(i'm not sure which)

its very easy for keyboard warriors on MSE to urge you to go for it but its not their money at the end of the day.

Stakkertoo

I'll just go for my £1600, that's enough for me, I've got a strong case for that provided the law is applied and I don't see how it can't in this instance?

I'll enquire however, no harm to find out.

Fire_Fox

Much better! :T


The Landlord NAME has not returned the deposit more than 3 weeks since [STRIKE]the 3rd of October when I[/STRIKE] we (names) vacated the property at STREET ADDRESS on 3 October. Despite requests on the 18th October (see evidence) only one? By what method?


I moved into the property in August 2007 as a permitted occupant with lead-tenant Maren G. (See AST dated 25th August 2007). From 22nd August 2009, I took over the role as lead tenant along with a joint-tenant, Max O (AST not supplied).


From September 2010 [STRIKE]the rent was adjusted and[/STRIKE] a new AST drawn up showing my role as lead tenant with joint tenant, Mr O. in the margin of this agreement the landlord has noted 'Sixteen hundred pounds paid Aug 2007'. (See AST dated 20th September 2010)

In March 2012, the tenancy agreement was amended to replace the outgoing Mr O with Mr Nick S. and again the deposit was carried forward (See Assignment Form and accompanying letter dated 14th March 2012)

Despite three changes of tenant and three new ASTs being signed the landlord and name failed to register the deposit with one of the Government-authorised tenancy deposit schemes (evidence from three schemes).

Mr S and I have made repeated requests for our deposit from the landlord via telephone, email and in writing (when? evidence supplied?) and are now forced to take legal action to recover the money. We are 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.

[STRIKE]In truth, however, we wish to simply recover our original deposit.[/STRIKE]

dimbo61

You need to decide what you want here ?
deposit back ( all of it £1600)
NO WIN NO FEE solictors will take 30% of anything you get and it could take years!!!!!

Stakkertoo

Fire_Fox wrote: »

Much better! :T


The Landlord NAME has not returned the deposit more than 3 weeks since [STRIKE]the 3rd of October when I[/STRIKE] we (names) vacated the property at STREET ADDRESS on 3 October. Despite requests on the 18th October (see evidence) only one? By what method?


I moved into the property in August 2007 as a permitted occupant with lead-tenant Maren G. (See AST dated 25th August 2007). From 22nd August 2009, I took over the role as lead tenant along with a joint-tenant, Max O (AST not supplied).


From September 2010 [STRIKE]the rent was adjusted and[/STRIKE] a new AST drawn up showing my role as lead tenant with joint tenant, Mr O. in the margin of this agreement the landlord has noted 'Sixteen hundred pounds paid Aug 2007'. (See AST dated 20th September 2010)

In March 2012, the tenancy agreement was amended to replace the outgoing Mr O with Mr Nick S. (See Assignment Form and accompanying letter dated 14th March 2012)

Despite three changes of tenant and three new ASTs being signed the landlord and name failed to register the deposit with one of the Government-authorised tenancy deposit schemes (evidence from three schemes).

Mr S and I have made repeated requests for our deposit from the landlord via telephone, email and in writing (when? evidence supplied?) and are now forced to take legal action to recover the money. We are 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.

[STRIKE]In truth, however, we wish to simply recover our original deposit.[/STRIKE]

Thanks, that's helpful.

I've only included the one email, as the previous request was at the end of an email refuting her list of repairs/cleaning, as I was advised earlier to try and avoid including the repairs issue as it might cloud the argument?

I was going to attach the 'Letter Before Action' as a written example (as that will have been received by the time I lodge a small claims action)

How about I change it to "[FONT=&quot] Despite requests made on the 18th October (see email print-outs) and 19th October (see Letter Before Action)"[/FONT]

RabbitMad

Stakkertoo wrote: »

I'll just go for my £1600, that's enough for me, I've got a strong case for that provided the law is applied and I don't see how it can't in this instance?

I'll enquire however, no harm to find out.

If you go that route I expect they will bring up all sort of "damage" and "cleaning" that needed to be done and all the deposit was used up as their defence, I would also expect there to be a counter claim as the deposit wasn't sufficient to cover this damage but being a nice LL they weren't going to pursue it but now they will.

Personally I would write a without prejudice letter before action stating that you will hand the matter over to your solicitor who will take action to secure the return of the deposit and a penalty (there is no defence to failing to secure the deposit) of between 1 and 3 times the deposit unless they return your deposit in full within the next 14 days. If they do this you will relinquish your rights to claim the penalty of between £1,600 and £4,800

But then I would be prepared to put my claim in the hands of a shonky company knowing that the very least I am likely to get is £1,600 (my deposit back) and then give the shonky company however much they want of any award above that.

Stakkertoo

dimbo61 wrote: »

You need to decide what you want here ?
deposit back ( all of it £1600)
NO WIN NO FEE solictors will take 30% of anything you get and it could take years!!!!!

Just want my money back. not bothered about penalty...and if it puts me at risk of being out of pocket even further I don't want to mess with the big penalty optioon.