ex landlord did not protect deposit and will not return it. please help

inneedofsomehelp

Moved out of the landlords house 2 months ago.

I asked for deposit back via letting agent the same day check out was completed. Agent had no issues with the property and said it was immaculate.

I still haven't got the deposit back so rang letting agent last week and was told that the LL stated that there were issues with the property and she wanted to keep my deposit to fix them but agent would be in touch with me about what the issues were.

There was NO check in inventory so i cannot see how they wish to withhold funds when the agent on the day said the house was immaculate and also if there is no evidence on their part to show before and after images of the damage how

I called all 4 of the deposit schemes none of them have my deposit.

Letting agent or landlord will not communicate regarding the return of the deposit.

As i see it
1. They failed to protect the deposit
2. They failed to return all or part of the deposit within 10 working days of being asked.

I am due to move into another rental in 10 days, i have been staying with parents as there was a hold up in getting the tenants of the new house to move out. I am in a position where i cannot pay the deposit as the old agent will not give me my deposit back

Where do I go from here.

browneyedbazzi

The shelter website has a good step by step guide:

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

BitterAndTwisted

If you have prof that the deposit was paid then it should have been registered in one of the schemes. Not registering it is not a choice, it is a statutory requirement. Courts have the discretion to impose a penalty of up to three-times the deposit for non-protection.

As there was no dual-signed check-in inventory the landlord cannot justify making any deductions from your deposit whatsoever.

Stop speaking to the agent as the final responsibility for your deposit rests with the landlord. WRITE to the landlord at the adress on your tenancy agreement under the bit that states "for the serving of notices" adn include the heading "Letter Before Action" giving the landlord ten working days to return your depiosit or you'll apply to the court for its return.

Going to the court for your deposit means that it can go through the fast-track/small claims which will cost you about £50 which you can ask the court to award you.

If you decide to go for the three-times deposit it will cost you rather a lot more.

One hopes that once the landlord is acquainted with the facts around non-protection they will pay you your money tout ruddy suite.

inneedofsomehelp

BitterAndTwisted wrote: »

If you have prof that the deposit was paid then it should have been registered in one of the schemes. Not registering it is not a choice, it is a statutory requirement. Courts have the discretion to impose a penalty of up to three-times the deposit for non-protection.

As there was no dual-signed check-in inventory the landlord cannot justify making any deductions from your deposit whatsoever.

Stop speaking to the agent as the final responsibility for your deposit rests with the landlord. WRITE to the landlord at the adress on your tenancy agreement under the bit that states "for the serving of notices" adn include the heading "Letter Before Action" giving the landlord ten working days to return your depiosit or you'll apply to the court for its return.

Going to the court for your deposit means that it can go through the fast-track/small claims which will cost you about £50 which you can ask the court to award you.

If you decide to go for the three-times deposit it will cost you rather a lot more.

One hopes that once the landlord is acquainted with the facts around non-protection they will pay you your money tout ruddy suite.

I do have proof, i paid it at the letting agents via debit card and still have the receipt for 1 months rent and 1 months rent as deposit

I cannot write to the landlord. My mail was returned. She apparently moved home in Feb, the letter came back "not at this address" and the letting agent will not give me her new address as i am no longer her tenant.

I have checked the electoral role and it shows LL is not registered at the address i have from April 2013.

I served my notice to the address given and it was returned so i then emailed and wrote to the agent about serving my notice and they emailed to state it has been passed on to the landlord.

RAS

Well 2 things.
This assumes you are in England or Wales; Scottish law is different.


1. Without a valid address to provide notice, you were not required to pay rent at all (but would become liable once the address was provided.

2. Having not secured the deposit the LL is liable to return the deposist and you could sue them any time in the next 6 years for up to 3 times the value as a penalty.

And without a check-in inventory they cannot deduct anything anyway.

Any way of finding out where the LL has gone?

BitterAndTwisted

Just send your Letter Before Action addressed to the landlord by name care of the agent by first-class post. Send a copy addressed to the agent as well at the same time. I'd be minded to send another copy of your letter to the property you occupied as well.

inneedofsomehelp

RAS wrote: »

Well 2 things.
This assumes you are in England or Wales; Scottish law is different.


1. Without a valid address to provide notice, you were not required to pay rent at all (but would become liable once the address was provided.

2. Having not secured the deposit the LL is liable to return the deposist and you could sue them any time in the next 6 years for up to 3 times the value as a penalty.

And without a check-in inventory they cannot deduct anything anyway.

Any way of finding out where the LL has gone?

I don't have anyone in common with the LL, i have checked electoral roles as she has quite an unusual name but haven't got anywhere with that as of yet.

The agent said last week it was their (the agents) responsibility to protect the deposit as per the T&C's they have signed with the LL? And therefore i should direct any letters to them (the agent).

I could write to both the agent and the LL at the agents address and state due to not being given the LL address i can only contact the LL via agent?

I dont think she (LL) realsies any of this. She rented the house out as Mr LL left her and she couldnt afford to live in the house on her own. Mortgage is just in Mrs LL name though as her mortgage statements used to come to the old house and she had said in the past it cost her brother £x to get her ex off the mortgage. Shes more of an accidental LL than out to run a business, although i clearly understand that regardless of what kind of LL you are you must play by the book

dimbo61

Who was/is the lender? You can check on the Land registry for £3
You could ring the lender and ask if she has permission to let!
Write your letters 3
2 to the landlord posted from different post offices with proof of posting ( NOT RECORDED)
1 to the agent ( as above)
Post them all to the agent
Are the agents part of any association ? IE ARLA?
Mark on Letter " Letter before Action"
Good Luck, LL thinks your deposit money is now hers ( Do Not let her get away with this)

RAS

So have you tried:

1. www.google.co.uk
2. www.192.com
3. www.facebook.com

To see if she comes up in any of them?

inneedofsomehelp wrote: »

I don't have anyone in common with the LL, i have checked electoral roles as she has quite an unusual name but haven't got anywhere with that as of yet.

The agent said last week it was their (the agents) responsibility to protect the deposit as per the T&C's they have signed with the LL? And therefore i should direct any letters to them (the agent).

By law it is the LL's responsibility to protect the deposit and to provide you with the terms and conditions within 30 days.

By all means ask the EA for evidence that this was done but legally it is the LL who is liable for the penalty costs.

BitterAndTwisted

inneedofsomehelp wrote: »

The agent said last week it was their (the agents) responsibility to protect the deposit as per the T&C's they have signed with the LL? And therefore i should direct any letters to them (the agent).

Has the agent really acknowledged that they accepted responsibility for protecting your deposit? If so, why did they not do so? If they have why can they not authorise its release back to you?

Guest101

inneedofsomehelp wrote: »

Moved out of the landlords house 2 months ago.

I asked for deposit back via letting agent the same day check out was completed. Agent had no issues with the property and said it was immaculate.

I still haven't got the deposit back so rang letting agent last week and was told that the LL stated that there were issues with the property and she wanted to keep my deposit to fix them but agent would be in touch with me about what the issues were.

There was NO check in inventory so i cannot see how they wish to withhold funds when the agent on the day said the house was immaculate and also if there is no evidence on their part to show before and after images of the damage how

I called all 4 of the deposit schemes none of them have my deposit.

Letting agent or landlord will not communicate regarding the return of the deposit.

As i see it
1. They failed to protect the deposit
2. They failed to return all or part of the deposit within 10 working days of being asked.

I am due to move into another rental in 10 days, i have been staying with parents as there was a hold up in getting the tenants of the new house to move out. I am in a position where i cannot pay the deposit as the old agent will not give me my deposit back

Where do I go from here.

You write, on paper with a pen, to the LL's address:

Letter Before Action

Dear LL,

I require you to return my deposit, of £xxx, in full within 10 working days.

Failing to do so will result in court action being undertaken.

Regards,

- if you wish to sue for non protection, be aware you need around £1000 to bring the claim