Landlord has not returned deposit

abby1234519

My ex landlord has not returned my deposit.

I had a fixed tenancy until 1st July. I left 1st May as she had a new tenant who wanted to move in earlier (as in early than 1st July so I just moved out earlier). I was not served with a S21 or anything.

I didn't have an inventory when I moved in as she was on holiday, I didn't have a checkout when I moved out.

She has said she would only return half as I left it filthy. (ie £300 or £600)
Myself and my partner spent 3 days cleaning, steaming, cleaning steaming and more cleaning! When I moved in it was filthy.

I have sent letters to her address as listed on my tenancy agreement. One she has not collected from the post office and the other I did not send recorded.

I have then sent two letters to the rental address recorded/normal post. Recorded was received.

She is now either ignoring texts or changed her number (she has changed her number a few times before)

My letters were basically to state that I wished for the deposit to be returned as per various rules and regulations etc. I also commented that she had not protected my deposit. At the start of May when I had moved out, I texted to ask who had my deposit been protected with (I knew full well she had not done it) which was when she launched into a tirade about me being ungrateful etc.

Should I just submit a county court claim? I have done one before so I do know what I am doing.

However...I do not have photographic evidence of how clean I left the house because my laptop blew up before I could back all my files up. The only thing I do have is the fact that there isn't a signed inventory or checkout inventory. If needs be my other half could testify as to the state we left but who knows if that would be accepted..

I also suspect she has moved from the house address on my tenancy but she did not update me with this.

So would it be best to serve it to my old rental address.

I have texted her to inform her that due to non reply I will be submitting my claim. I had hoped she would reply. Part of me wants to send her a tweet ( as she is on twitter). I do also have her family email address but don't want to end up in another argument.

[Deleted User]

If your deposit wasn't protected then you should claim via the courts and you can be awarded up to 3x the value of the deposit on top of the original deposit amount.

You do not need evidence of the state of the property, the onus is on the landlord. No check-in inventory and no check-out means it's almost impossible for the landlord to prove anything.

Guest101

Wow, this is simple. Just wish you'd come here before you moved out.

1: if she doesn't have a signed inventory, you could say the house was filthy when you moved in, and left it exactly as it was then.

2: if she didnt protect your deposit you can sue for triple the value.

Serve a 'final notice before action' at the address you have for serving notices, send it recorded. Then begin a claim, for triple the value - I will find the legislation shortly if you can't find it, but my son just woke up...

abby1234519

I know about the triple the value however if the case had gone to court (even if I had filed before moving out) then I would probably have lost the case. Was reading about a test case where the judge ruled that the wording of the regulation was 'tenant' but as the person had moved out they were no longer a tenant etc.

I'll go ahead tonight and file the case online. Do you think I should put the rental address or her address as is on tenancy docs?

She has a new tenant in the property now and I suspect she has moved from the address on the tenancy but not entirely sure

terryw

It is good service under the rules to send it first class to the last known address.

You have sent a letter before action I trust

Werdnal

A few corrections required:

Only the deposit amount can be claimed back through online route or via small claims court.

You can still claim as an "ex-tenant" up to 6 years after tenancy ended.

The "triple claim" is not guaranteed - it is 1-3x the deposit amount and must go through a specific court route - £1K court fees (which should be awarded to tenant if succesful). Do not try to claim this penalty via online/moneyclaim/SCC as you will fail. Claim must go before a judge and judge will decide on the evidence what penalty will be awarded.

Never send anything recorded delivery as it only proves it was signed for if someone signed for it! It will go back to sorting office, sit there for 14 days awaiting collection and then be returned to sender. Send first class normal post with free proof of posting from counter - this is deemed "served" to the recipient 2 working days later.

The claim for 3x is not easy, quick or for the feint hearted - you may even need to employ a solicitor as the process must be completed correctly and you may need representation in court. However, LL may not know this, and advising that you will take further legal advice on the 3x claim process if they fail to return the whole amount might be enough to get them to cough up the deposit in full.

Don't let the £££ signs of the 3x claim blind you, unless you are in for the long haul and have a grand spare to put the claim in!

abby1234519

ive effectively sent two letters before action to two different addresses. one on 8th May, but she didnt collect that and then another at the start of june. i have proof of postage

abby1234519

I don't want to go down the 3 x deposit route as I don't have the funds to start that claim looking at the costs. I just wish to get the original £600 back plus any charges I incur taking it to moneyclaim

Guest101

You could use the threat of 3x the deposit, to get tyour £600 bck though

[Deleted User]

Werdnal wrote: »

The "triple claim" is not guaranteed - it is 1-3x the deposit amount and must go through a specific court route - £1K court fees (which should be awarded to tenant if succesful). Do not try to claim this penalty via online/moneyclaim/SCC as you will fail. Claim must go before a judge and judge will decide on the evidence what penalty will be awarded.

Are there any resources that explain the 3x deposit process from start to finish? From what I can find the regulations exist, stories of the process exist but there are no "here's what you do and what happens" guides around.

Werdnal

I am no expert, but I believe it is done through the County Court on a Part 8 claim process:

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part08