Pursuing landlord for deposit??

Building_Surveyor

I bought a place of my own in march and left private rental home. Thank The Lord!

The landlord had moved without telling me so didn't acknowledge my notice.i have no idea where she lives now. Anyway they eventually contacted me thoroughly apologised, said she was going on holiday and would return my deposit when she got back.

Several months now later the landlord has not been in touch and has ignored any text messages or phone calls.

The deposit has not been out in a protective scheme, I have checked.

I want to now take this matter to court as il be dammed if I'm letting her get away with it. She was a nightmare landlord who fixed nothing. One boiler gas service in 5 years.

So my question is where do I start with court action? What do i need to evidence? Obvs I want to give her a written chance to sort this out. Perhaps a further 28 days notice to return it. Where do I serve this to? My old address? As that's the only address I have that's linked to her.

Any advice or experience with this matter would be appreciated?

Thanks

HappyMJ

Could you do a land registry search for the old property? It may show where the owner lives.

Building_Surveyor

Hmmm I doubt she has updated it. She used to live with her boyfriend then when she explained after I'd moved out that shed moved she said she was staying with family. I doubt she will move back in to the place I lived as its not big enough for her and her kids. And the house with her ex boyfriend, he still lives there, they split up (unamicably as she said). But she doesn't go back there as had no idea I posted the keys there.

grifferz

Building_Surveyor wrote: »

Several months now later the landlord has not been in touch and has ignored any text messages or phone calls.

The deposit has not been out in a protective scheme, I have checked.

Never had to do it for a deposit but I understand the procedure is:

Letter before action, probably to last known address and the address for correspondence on your tenancy agreement, saying you want full return of deposit with 5 working days or you will be pursuing it through court. Up to you if you want to be generous enough to mention that you know they didn't protect the deposit so could be liable for up to 3x its value.

Normal post, free proof of postage from post office.

If they still don't pay up, moneyclaim.gov.uk for 3x deposit amount. Judge decides what amount to award but it will always be at least the amount of the deposit.

Hopefully someone who has actually done it will come along to confirm/correct!

Building_Surveyor wrote: »

I want to now take this matter to court as il be dammed if I'm letting her get away with it. She was a nightmare landlord who fixed nothing. One boiler gas service in 5 years.

I advise to forget about these issues from when the tenancy was in effect as that time is now past and a court won't be interested. Focus solely on the deposit.

Building_Surveyor wrote: »

What do i need to evidence?

Your old tenancy agreement, your letters that you sent to give notice, and their written acknowledgements of them not receiving your letters because they were away would be enough I should think. Their need to return the deposit is implied after that.

Building_Surveyor wrote: »

Obvs I want to give her a written chance to sort this out. Perhaps a further 28 days notice to return it. Where do I serve this to? My old address? As that's the only address I have that's linked to her.

28 days seems overly generous for what should be a trivial matter. They haven't disputed that your tenancy has ended.

Send it to every address you have. You might want to spend £3 to get any correspondence address from the land registry, but if they didn't bother to read their mail and return your deposit then they probably didn't bother to set a useful address here either.

dukeboxx

How about a letter to her via the bank where you paid the rent

Building_Surveyor

Thank for the advice. I'm open to exploring all avenues. Ill send letters to her old address, and my old tenancy address and then take it from there. I think I will mention to her that if it goes to court she may be liable for more, which may prompt her to get it sorted.

[Deleted User]

When did the tenancy commence? Deposits from before April 2007 are not required to have been protected.

Zorz_2

dukeboxx wrote: »

How about a letter to her via the bank where you paid the rent

Is that even possible?

The bank will certainly not give her address (due to data protection laws) and I don't think they would be willing to act as a messenger service...

Building_Surveyor

citricsquid wrote: »

When did the tenancy commence? Deposits from before April 2007 are not required to have been protected.

The tenancy commenced in July 2007, so it should have been protected