Landlord keeps stonewalling over deposit

Meatballs

The way you have worded the letter makes it sound like you aren't expecting the deposit back...

'I assure you I am not trying to imply that I have been ripped off. I merely wanted to check the amounts that you charged were reasonable because the £335 deduction you have made is a lot of money to me.'

Scrap this it's too personal.

Start off with 'I am writing to ask you to return the remainder of my deposit £x that I paid on starting my tenancy at address on xx/xx/xx'. Please send a cheque to my address, if you are not willing to do so please send a detailed breakdown of the deductions as previously requested including quotes for any work carried out.'

Confirm receipt of the amount you have recieved so far.

Dont say the council tax receipt will be 'easy to get hold of' Just say 'I also require a copy of the council tax certificate/receipt for my records.'

Change your last statement to say 'If this is not done by date then I will commence legal proceedings ... '


Look at: http://england.shelter.org.uk/advice/advice-4004.cfm#wipLive-26094-3 for a couple of templates for deposit letters. Simple and to the point.

MrChips

Hello again

After a 2 month delay due to holidays and studying for exams this issue had to be put temporarily on hold. In the meantime there has been absolutely no contact from the landlord, nor any money for the three tenants. My girlfriend is still missing over half her deposit and the other two have absolutely zero after moving out in February/March!!

So, we have drafted the following "letter before action" based on Meatballs's link above, which is going to him recorded delivery on Monday. Please let me know if you have any comments or improvements. I also have a question regarding the court form which we have completed. It seems we have to nominate a court - can we pick anyone we like? Or it should be the nearest one to the property concerned? Or near to the landlords address??

Dear Mr X

LETTER BEFORE ACTION
Return of security deposit for former tenants of 69 Fake Street: Miss A, Miss B and Mr C

Further to our letter dated 4 May 2007 we are yet to receive either our full deposits or adequate explanations for the withholding of the monies. This is clearly unacceptable as it has been several months since we vacated your property at 69 Fake Street.

Both Mr C and Miss B have received neither any monies nor correspondence from you explaining the reasons for withholding the amounts owed.

Miss. A has queried the substantial deductions you have made from her deposit for cleaning and council tax and you have failed to respond appropriately. According to Section 2.48 in her tenancy agreement she is liable for only one-sixth of the total council tax bill, up to a maximum of £5.50 per week. Despite requests you have failed to provide receipts justifying the deduction of this maximum as opposed to a lower amount. In an attempt to resolve this matter we have contacted the council and there seems to be considerable confusion about the status of the account.

As we mentioned in our previous letter, you are giving us little choice but to proceed with legal action to recover our deposits. In that respect, please find enclosed a copy of court form N1. This form will be submitted to the county court at XXX fourteen days from the date of this letter unless we receive our deposits in full. Payments should be sent to our respective bank accounts, details of which are contained in the appendix to this letter.

Yours sincerely

Miss A
Miss B
Mr C

lynzpower

my advice again, as it was the first time around is GET ON WITH IT.

why are you sending a copy of your N1 form, dont do that.

Just make sure you head the letter
LETTER BEFORE ACTION

id maybe state something along the lines of, I reserve the right to charge the court rate of interest on these monies, currently 8%.

Pobby

Amateur landlords.Don`t you just love `em!!!!!!!!!!!!!!!!!!!!!!!!!

MrChips

Thanks for the replies guys.

Lynzpower, sorry if it seems we aren't following your advice - I really appreciate your input. Trouble is as there are three people involved, it takes longer for decisions to be made although admittedly 2 months is a bit tardy. We were going to include the court form as this is what is advised on the Shelter website in the link above my last post. Also, if possible, we'd like to avoid this going as far as court and as the landlord completely ignored out last letter, we hoped including it might help to stir him into action. Without it he might be more likely see it as an empty threat.

I'll pop the bit in about the interest, again that will hopefully appeal to his wallet.

ts_ally2000, don't we have to send him a "letter before action" before making the court claim? Also, £30 is a bit of an understimate! For our combined claim of over £1000, you are looking at a court fee of over a hundred quid! But as someone who has been through this process before, can you answer my question about which county court we are supposed to apply to?

liz545

You can apply online at www.moneyclaim.gov.uk, rather than filing with your nearest County Court - this may well be easier for you. I'd just write him the letter before action, as above, giving him seven days rather than a fortnight. This will be a slow enough process as it is, don't give him the opportunity to drag it out further.

BrandNewDay

Mr. Chips, I am on the verge of siding with the landlord. OK. Not really, but - honestly - you haven't given him any real reason to take you seriously. I really can't understand why you've been so polite and timid about this. The man has your money. Make him give it back. It's YOUR MONEY.

Honestly, if you let this slide for two months, I'm sure he's assumed that you've gone away. So, you do have to send one more letter. No more than one week's notice. Then, send it to court. Why are you so afraid of court? He's the one who should be afraid. Not you.

MrChips

I guess it is fear of the unknown! It would obviously be far easier and cleaner if he were to give the money back before we had to pay over the £100 or so to set up a court case. Then there is the possibility the judge, for whatever reason, sides with the landlord. If we can possibily coerce him into coughing up before we have to go to court, so much the better.

However, I am probably being naive - it is maybe easier to read the situation from an outsiders viewpoint

And for a point of fact, none of it is actually my money - it's my girlfriend's and her two former housemates. However as I am the only British national amongst the group (and therefore the one with supposedly a bit more of an idea of how the system works here!) I am helping out in my spare time.

I promise if we have no money by 24 July (1 week from when he should receive the letter) we will submit the claim! And I'll keep you all informed of progress....

BrandNewDay

Wouldn't he have to pay the court costs? (I am not from this country.)

lynzpower

BrandNewDay wrote: »

Wouldn't he have to pay the court costs? (I am not from this country.)

Mr chips would pay it, then when they win, the costs ae refunded back to Mr chips.