Landlord has not returned deposit and is not communicating at all

BigZig

Hi,

I started renting a property in November 2011 and wrote 28 days’ notice to leave (as stipulated in my assured shorthold tenancy agreement) in May, with an end date of mid June. I also tried to phone the landlord on the same day to tell him, but ended up leaving a voicemail as he didn’t pick up. He didn’t respond to my letter or my continued texts, voicemails and phone calls regarding confirmation of my notice or to tell me what to do with the keys (I had only been provided with a phone number and a post address, no email address or anything else). I ended up having to pass my keys on to my next-door neighbour, who is a long-term tenant of another of his flats on the day I left due to this.

Following my leaving, I continued to phone/text him to remind him about my deposit, but still received no reply. My ASTA stated that I should have my deposit returned within 28 days. After 28 days (mid-July) I still had no deposit and no acknowledgement of any of my attempts to contact him. Thus, I phoned Shelter and they suggested I write formally to threaten court action. Before I did this, I thought I would continue to attempt to contact him. So I text, phoned and left voicemails for a further three days, stating my intention to formally threaten court action if he did not respond. On the day of the deadline I had given him, I left him a final voicemail to say that I would be sending the papers that morning. Lo and behold, he phoned me back within 10 minutes. He said that, in order to receive my deposit, I had to send an email to one of his colleagues containing my final bills for electricity, gas, council, tax and water and he would then sort it out. I had never been provided any email address of the landlord, let alone anybody else, and had never heard of this guy this guy as an employee of the landlord before. Neither did it state in my ASTA that this was required. So, I emailed the guy with these documents, in addition to a bank statement showing the amounts deducted from my account and thus settling the final bills, and received no reply. I emailed him two further times without reply.

I then decided to follow Shelter’s advice and sent him a formal letter threatening court action. In the letter I provided copies of all of my evidence - ASTA, proof of payment of deposit, records from my mobile phone provider of attempts to call/text/leave voicemails for him, screenshots of the texts I sent him, copies of the notice letter, emails to his employee, finalised bills, bank statements showing bills being settled for utilities. I even included screenshots of all four deposit protection schemes which said that they had no record of my deposit being protected with them (with the notification that he could be liable for compensation for this if it went to court). Furthermore, I had evidence from the letting agency where I had initially gone to when signing the agreement, stating that my landlord had phoned them a week or so after I handed in my notice to make them aware it would be coming available again soon.

I sent the letter/package by recorded delivery and saw that he signed for it on Saturday morning, but I still have not received even an acknowledgement, let alone the deposit. As such, I wondered if a landlord can withhold the deposit without giving you any reasons as to why?

I did not leave the flat in a bad state. Also, there was an almighty mess-up on the day I moved in, whereby they had rented my flat out to another tenant through a different letting agent. I agreed to move into a different flat, owned by the same landlord in the building next door with two weeks free rent, although there were people living in it on my moving day. They moved out the following day, but, as I was effectively homeless and sat outside waiting for them to move, they did not have time to clean it, so it was very dirty. Neither the landlord nor any of his employees were there on my arrival and they didn’t do an inventory (I phoned to ask him, but he said that they don't do them). So, if he is withholding the deposit because of the state I left the flat in, would this hold up in court if he a) hasn’t informed me of the reasons for withholding the deposit or the specific breakdown of deductions; or b) hasn’t got an inventory to back his claims up with?

Thanks in advance for any advice. It's utterly frustrating at the moment as no-one is responding/communicating with me! So, if he is withholding it for a reason, I have no idea what that reason is.

RAS

Which country are you in; Scottish law is very different.

Exactly what was the start date of the tenancy and on what date did you pay rent?

Did you take meter reading and inform the utilities of your address for the sending of final bills.

Have you informed the Council and Water that you have moved out (and address for any final bill or rebate)?

Guest101

Some LL's never learn. But you should've come here first

anyway he didnt protect your deposit, did you send him the letter before action? If so just start court proceedings, (though this isnt a small claims court issue iirc) is it a distrcit judge who deals with unprotected deposits?

BigZig

Hi, thanks for your reply.

I am in England.

My tenancy started on 12 November. I paid rent on 28th of each month.

Yes, I took final meter readings (these readings were included on my final bills, which I forwarded to the landlord's employee and then the landlord as part of my court threat). I informed the council, gas and electricity provider (both from the same company) and the water company of my new address and that I had moved out of the flat in question. All of my final bills were sent to my new address, as the landlord would have seen in the letter.

I have paid the final bills for all utilities (except for gas/electricity, for which I was given a rebate).

BigZig

Guest101, thanks for your reply. My first thought was the citizen's advice bureau. Although, I probably should've come here after seeing great advice for a parking ticket!

Yes, I sent him the letter before action. I see that he's signed for it, but he literally hasn't replied at all. I have never been to court before, so I am a bit anxious as to what will happen and whether he is withholding it for a reason (despite not telling me what that reason is, if he is!). So, I was just wondering where I would stand if it went to court and he produced evidence for withholding it, despite never telling me?

RAS

OK

Is the deposit protected? Were you sent details of the scheme?

The LL has no right to demand or delay release of the deposit until you send copies of the bills; just it is sensible to do that to prevent yourself being liable after the tenancy ended.

What is the end date of the fixed term on the agreement?

Angelicdevil

BigZig wrote: »

So, I was just wondering where I would stand if it went to court and he produced evidence for withholding it, despite never telling me?

It wouldn't stand up because as you said in a previous post, there was no check in inventory. If he can't prove the state of the place when you moved in, then his chances are very, very slim.

BigZig

RAS,

As far as I am aware, it is not protected. I was never sent any details of any protection scheme. In fact, I was actually sent a letter months and months ago saying that it wasn't protected. At the time (this was my first ever rented property, as had only ever lived at home or in uni residences), I did not understand what the entire deposit protection thing was about and ignored it. It is only now I am trying to recoup my deposit that I am aware of this legal requirement. I have checked on all 4 deposit protection schemes' websites, but none of them have any record of my deposit being protected.

The fixed term was 6 months, with a rolling monthly contact afterwards. As I signed it in November 2011, 6 months would be May 2012. I left June 2013.

DRP

BigZig wrote: »

RAS,

As far as I am aware, it is not protected. I was never sent any details of any protection scheme. In fact, I was actually sent a letter months and months ago saying that it wasn't protected. At the time (this was my first ever rented property, as had only ever lived at home or in uni residences), I did not understand what the entire deposit protection thing was about and ignored it. It is only now I am trying to recoup my deposit that I am aware of this legal requirement. I have checked on all 4 deposit protection schemes' websites, but none of them have any record of my deposit being protected.

The fixed term was 6 months, with a rolling monthly contact afterwards. As I signed it in November 2011, 6 months would be May 2012. I left June 2013.

what did the letter say? why was the letter sent?

RAS

Exact date - day and month.

zaax

Start court action, it can be done on-line at https://www.moneyclaim.gov.uk

Also don't forget you need to claim for 3 times your deposit

http://england.shelter.org.uk/get_advice/paying_for_a_home/tenancy_deposits/tenancy_deposit_protection_schemes