Depost not protected/returned N208 form help

Dreddnarz

Hi,
So long story short, lived in a flat for 2 years, moved out a month ago and still not had a penny back from our deposit.

The deposit was paid to our letting agent as the landlord lives abroad (though their name is on the tenancy, it has the letting agents address).

Just wanted to make sure, as the money was paid to the letting agent (I have a receipt from him), any legal dealings regarding the non protection are with him not the landlord right?

I have sent the letting agent numerous letters before action to no avail...

Werdnal

Landlord is and always has been responsible for the deposit - agent is just an appointed middle-man. If you need to take any legal or court action, you shoudl address all correspondence to the LL, c/o the agent's address. LL can countersue the agent if he feels they are responsible, but you sue LL in the first instance.

Dreddnarz

Werdnal wrote: »

Landlord is and always has been responsible for the deposit - agent is just an appointed middle-man. If you need to take any legal or court action, you shoudl address all correspondence to the LL, c/o the agent's address. LL can countersue the agent if he feels they are responsible, but you sue LL in the first instance.

Should I resend a new notice before action addressed to the LL to the letting agent's address then?

nikki1520

You should send it to the landlord at the address for the serving of notices given on your tenancy agreement

Dreddnarz

As the LL lives abroad if this ends up going to court what chance do we actually have of getting our money back?

G_M

Your contract is with your landlord.

You should send it to the landlord at the address for the serving of notices given on your tenancy agreement.

I would make clear that you will be suing BOTH, jointly.

Make clear you will be seeking the 3 times deposit penalty in accordance with The Localism Act 2010 and Housing Act 2004, as well as the deposit itself.

Give 5 working days.

In yourletter, refer (by date) to all previous letters).

macman

Have you actually asked the agent why the deposit has not yet been returned? Presumably the inventory was done and signed at the time you moved out? Is something in dispute?
If the LL has assets in the UK, then yes, you may be able to recover the deposit via a civil claim. He may not even defend it.

Dreddnarz

macman wrote: »

Have you actually asked the agent why the deposit has not yet been returned? Presumably the inventory was done and signed at the time you moved out? Is something in dispute?
If the LL has assets in the UK, then yes, you may be able to recover the deposit via a civil claim. He may not even defend it.

He is claiming we left a month early (we gave a full periods notice as per Statutory Periodic Tenancy law - as our fixed agreement had come to and end).

He also had access to the flat for a full 18 days before actually getting the exit inventory done, he is then claiming over £500 worth of cleaning needs to be done (the flat was spotless, I have video proof).

The inventory claims a number of items are missing even though they are present in their photographs.

It's all a bunch of incompetent people not doing their jobs properly.

Zorz_2

Werdnal wrote: »

Landlord is and always has been responsible for the deposit - agent is just an appointed middle-man. If you need to take any legal or court action, you shoudl address all correspondence to the LL, c/o the agent's address. LL can countersue the agent if he feels they are responsible, but you sue LL in the first instance.

Not exactly, in the matter of tenancy deposit protection there is joint responsibility:

Draycott v Hannells Lettings Ltd

On point 1 the Court decided that the wording of section 212(9)(a) was clear in stating that in the section of the Act relating to deposit protection:

references to a landlord or landlords in relation to any shorthold tenancy or tenancies include references to a person or persons acting on his or their behalf in relation to the tenancy or tenancies…

Accordingly, the Court found against Hannells on this point.

So, as G_M suggests, send appropriate notices first to both, and sue both!

Stujclark

I had exactly the same problem with my landlord. So annoying how many people on here have the same issue.

Landlords have obligations too, always forcing the tenants obligations on them. The deposit rules are simple and clear and if it isn't protected then they have no leg to stand on if t goes to court.

There are companies that will do it all for you, for free, ismydepositprotected.com. is one but There are other ones you can use.

Anyway as I said, the law is simple for landlords, if they don't protect the deposit, they don't have any excuses nor have any power to do anything.

Good luck

Stujclark

Can I also point something else out, sorry........Although this type of court action is the Multi-Track route using the N208, you can request that it is dealt with via the small claims route. A lot of courts agree to this as the law is simple, if there is no deposit protected then the landlord is in breach of the law and his/her obligations, there are no excuses as long as you can prove you paid it and you have an AST.

All other issues the landlord has with you are irrelevant. You could owe the landlord £10,000 in arrears, but that wouldn't matter a jot when it comes to taking him/her to court re the non-compliance of deposit protection laws, that would have to be a separate court action taken by the landlord. What I mean is he couldn't turn up at court and so well they didn't pay this or that that's why I haven't paid back the deposit, the simple fact is, he did not follow the lawful procedures which is the main and only issue at hand.

If it can be proven that the agent received the deposit, had the landlords explicit authority to deal with that deposit in the proper way, then the agent is at fault and the one that should be taken to court.

Also, my guess is, the agent hasn't registered that landlord for Overseas Landlord tax, if that's the case, a polite reminder to the agency of that would scare them into action as it is a letting agents legal responsibility to deduct tax from any rent received from over seas landlords. If they don't collect that tax, the agent pays it.

As you can see, there are many ways to skin a cat, it is how you go about it that matters.