Help sueing landlord please!

bean_85

Hi,

Me and my boyfriend moved out of our rented flat back in September. We still have not received our deposit back and have discovered that the landlord/his company never paid our deposit into them deposit holding schemes....checked three different ones that the government recommends on their website. I have contacted the woman that has been dealing with us whilst living there about it, she says that it was sent to the forwarding address, we never received anything. I then gave them an additional address to forward the deposit on to as had to move out of the flat originally first moved to. She said it couldn't be sent to that one just the first address I gave. When I was trying to chase up about this deposit in the end she ignored all my voicemails, missed calls, texts everything, so then I tried with holding my number and she answered and again just said it had been sent there was nothing she could do and has since been ignoring every call and text again. I ended up sending a letter to the address I had for them and what was on our contract, giving them 21days notice otherwise was going to court. I sent the letter recorded so I had proof of it being delivered. I then discovered that it was unable to be delivered as they are not at that address. I got in touch with a neighbour at the flats who I know has done work for them and asked him for the address, he gave me a new different address. I again sent the same letter of notice and it is still sitting in the mail depot awaiting collection as it was unable to be delivered. I don't know if this is the correct address and if so can I still proceed with going to court even though they obvioulsly have not received the letter in person. I have been in touch with the council to see if they can help and have heard nothing from them. I have tried going to citizens advice but I can only go to my local office on one of the days due to study commitments and everytime I try I'm too late and they are full up for the day, despite me going earlier every time.
Even when we lived in the property we had problems that they refused to fix even getting the environmental health team involved did not help.
I just need to know if I can now take them to court despite them not collecting my letter and if indeed this new address is not their office how can I go about locating them I've tried searching on the internet to no avail. I just want what is mine back, my deposit.
Any help would be greatly appreciated!

missrlr

Just send the letter normal mail and get proof of posting then leave it 2 days this is then deemed to be served.
Or just put a claim in via small claims on line and in the proof put everything. Did you follow up IN WRITING about not receiving the payments? include all this in the claim - the more evidence the better when putting one of these in.

bean_85

Thanks, I only have it written in a text message that have not received the deposit, have saved every text that has been sent and received.

G_M

Forget text and start writing formally.

Use the address provided on the tenancy agreement "for the serving of notices".

That's what it is for.

pmlindyloo

From what you have said the deposit may have been returned to the address which you originally gave as your forwarding address.

Have you contacted anyone at this address to see if any of your mail went there and what happened to it?

Not saying this has happened but if you did not redirect your mail when you moved from the forwarding address then this may be how the problem has arisen.


Of course, your LL could just be lying and never sent it!

I agree that you should get everything in writing and use the address provided for LL on your contract but am also wondering if this goes to the Small Calims court how you will manage to get your money back if no-one has an address for him.

You might need to do a bit more investigating as well as putting in your claim.

Fire_Fox

Welcome! It's worth running an advanced search, this issue comes up weekly. Stop texting and start writing letters, send two copies from different Post Offices and get a proof of posting for each. Template letter and all evidence needed on Shelter http://webcache.googleusercontent.com/search?q=cache:kROXpXTlONIJ:www.shelter.org.uk/__data/assets/rtf_file/0010/437887/D._Tenancy_deposits_-_Letter_before_action_after_a_tenancy_has_ended.rtf+shelter+deposit+letter&cd=9&hl=en&ct=clnk&gl=uk

tbs624

OP - you could try the Land Registry to check which current address the LL has registered there. 4 quid fee. Intelligent LLs keep HMLR updated, if only as an antifraud measure, esp. with a tenanted property.

You mention the LL's company - is it a Limited Co? Check out the name online at Companies House.

You say "I again sent the same letter of notice and it is still sitting in the mail depot awaiting collection as it was unable to be delivered. I don't know if this is the correct address" - is this address local? Could you not send the BF to check it out in person? If someone was hanging on to my money, I'd be hunting them down.

Follow FF's suggestion. Read the contents of that Shelter template letter that FF's post links to.

And if you want to see someone at the CAB , try making an appointment, ask for college/Uni agreement to you missing an hour of two of your studies or send the BF along.

Let your local MP know how the deposit regs are still failing Ts.

Land_Registry

tbs624 wrote: »

OP - you could try the Land Registry to check which current address the LL has registered there. 4 quid fee. Intelligent LLs keep HMLR updated, if only as an antifraud measure, esp. with a tenanted property.QUOTE]

The online service tbs624 refers to is now a minimum fee of £3 (since 22nd October) - small point I know but helps, in some cases, to ensure you are using the right site to check the details.