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

Stakkertoo

sniggings wrote: »

just to comment on the repairs, if the carpet is 5 years old then I can't see her winning by saying it's ditty, and I bet it wasn't new when you first took the flat so wouldn't be surprised it it's closer to 10 years old, same goes for the decorating I would have thought.

There has been no telling her. she seems to act like she's gone away for a weekend and come back to her house after her kids have had a party, when in fact she's not been around it properly for FIVE YEARS. There is bound to be wear and tear! She always says the carpets were brand new, when I'm pretty sure they were 3 years old when i moved in. She conceded the other day that they were in there 1 year before i moved in...some climbdown from 'brand new'. (this is in writing)

I worked out that she's spent around half of 1% of her rental income on the property this last 5 years. I was talking to my dad last night and he said that the wear and tear would have been covered by the 10% government tax allowance if she was declaring her income, so perhaps she isn't declaring the incomve from the property? She lived in it before me, so it is possible?

anyway

Stakkertoo

Fire_Fox wrote: »

No need to get anything out tonight, you have made a HUGE amount of progress in just one day, very impressive. IMO work on it over the weekend, mail late on Sunday so it is picked up by the postie first thing Monday. I find it's wise to get a decent first draft, relax with a nice meal and/ or bottle of wine, sleep on it, final draft the next day or day after.

You've been a fantastic help, i look at my earlier drafts and they are very clumsy, so thanks again! getting there, slowly!

I'm going to send out a second letter today, so that i've another bit of evidence to refer to, and then leave the 'Notice of action' until next week.

Thanks again.

Zorz_2

RabbitMad wrote: »

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)

I'm not sure which case you are refering to, but it must have been before the Localism Act came into effect, since that law specifically plugged these loopholes.

Does anybody know any non protection of deposit cases put on trial after May 2012?

Fire_Fox

Stakkertoo wrote: »

You've been a fantastic help, i look at my earlier drafts and they are very clumsy, so thanks again! getting there, slowly!

I'm going to send out a second letter today, so that i've another bit of evidence to refer to, and then leave the 'Notice of action' until next week.

Thanks again.

It's always easier being the independent pair of eyes, I don't know the story but you do. I write letters of complaint or formal queries and have my father look over them - I am pushing 40!! - sometimes he hacks out waffle, most often he just changes the order and it's ten times better.

Yorkie1

Personally I think you are running a risk by mentioning that you might also like the penalty. You are either claiming it, or you do not mention it.

If you claim it, the fact of so doing will automatically take it outside the small claims track, and make you at risk for costs.

If you don't claim it, then you are automatically on the small claims track.

sidjunk

In summary, my previous flat's letting agent hasn't been returning my secuirty deposit for the last 7 months!! He kept on requesting me to wait for a couple of weeks (every time I ask for deposit) stating that he was in financial trouble. On top of that, I didn't know any legal process to get that back. I approached CAB last month and they asked me first to write a letter to him asking for deposit insurance, for which he hasn't responded in the last two weeks ( I wrote on 9th Oct). I checked with three schemes and they confirmed that it hasn't been insured. CAB advised me to approach county court for this. While I am reading about the court process, I came across this thread. And, swiftly typed a letter of Action to him which I am planning to send on Tuesday asking for my deposit and penalty given it is 7 months and not insured!!
Advice please??

Fire_Fox

sidjunk wrote: »

In summary, my previous flat's letting agent hasn't been returning my secuirty deposit for the last 7 months!! He kept on requesting me to wait for a couple of weeks (every time I ask for deposit) stating that he was in financial trouble. On top of that, I didn't know any legal process to get that back. I approached CAB last month and they asked me first to write a letter to him asking for deposit insurance, for which he hasn't responded in the last two weeks ( I wrote on 9th Oct). I checked with three schemes and they confirmed that it hasn't been insured. CAB advised me to approach county court for this. While I am reading about the court process, I came across this thread. And, swiftly typed a letter of Action to him which I am planning to send on Tuesday asking for my deposit and penalty given it is 7 months and not insured!!
Advice please??

Welcome! When did your tenancy start and end? Do you have it in writing from the three schemes that the deposit was not lodged? Do you have proof of posting/ proof of delivery of your last letter?

Send the letter before action plus the documentation recommended by Shelter - CAB are great but less specialised - in the template was linked to earlier in the thread. Not sure what you want us to say that we have not already said?

sidjunk

Thanks for the reply. Tenancy started in Oct 2011 and ended in March 2012. I moved out on my own. I've proof of my bank statements, etc. , and also proof of the letter I sent to him (1st class by PO).
I would lke to know if I can claim penalty of three times the deposit in my Letter of Action or shoudl I confine to my deposit only. Honestly, I want that fellow to pay me penalty for the frustration and pain he has been causing me. But, someone suggested here that I'ld claim only deposit and leave the penalty part to the court (if he doesn't pay the deposit even after this letter).

BitterAndTwisted

I would suggest that in your "Letter before Action" you request your deposit back in full but also point out that registration (not insurance) is a legal requirement for tenancies starting after April 2007, and the courts have been known to award a penalty for non- registration at three-times the deposit amount. It won't be necessary at this stage to mention that you absolutely will be asking the court to impose that penalty. Mere mention of the risk the landlord could be taking may be enough to get your deposit back.

Stakkertoo

BitterAndTwisted wrote: »

I would suggest that in your "Letter before Action" you request your deposit back in full but also point out that registration (not insurance) is a legal requirement for tenancies starting after April 2007, and the courts have been known to award a penalty for non- registration at three-times the deposit amount. It won't be necessary at this stage to mention that you absolutely will be asking the court to impose that penalty. Mere mention of the risk the landlord could be taking may be enough to get your deposit back.

Thanks, that's a nicer way to do it...and on the Form N1 keep it simple by just requesting just my £1600?