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

Guest101

inneedofsomehelp wrote: »

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.

They must provide you with the address, within 21 days.

RAS

Guest101 wrote: »

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

Agreed but given how little this LL seems to know, might be worth the suggestion.

And the OP can sue any time in the next 6 years, not just now if they do not have the readies.

Guest101

RAS wrote: »

Agreed but given how little this LL seems to know, might be worth the suggestion.

And the OP can sue any time in the next 6 years, not just now if they do not have the readies.

Sorry your right i shouldve been more detailed, absolutely worth trying to 'bluff' it now, if money not available

browneyedbazzi

Is the property now let to another tenant?

If so, the agent/LL will have had to supply the LL's current address to that tenant - might be worth knocking on the door and asking the tenant for the LL's address (and also giving them a head's up about the LL not protecting your deposit etc so that they can check theirs has been or act accordingly).

ValHaller

BitterAndTwisted wrote: »

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.

I would be minded in this case to send a single letter before action addressed to both Agent and Landlord - and a copy to each as above. You can make the point to the Agent that you are including them because mail to the Landlord is being returned and because the agent is withholding her address.. Once they realise that they will be sued at the same time as the landlady. they will probably take the obvious action to remove themselves from the firing line.

Something which worked quite well on here recently with an absentee landlord was to make clear in the letter before action that you will sue regardless of whether you can contact the Landlady and you will seek to place a charge on the deeds to the property - which will make it very difficult to sell

TBagpuss

If the agents have stated that protecting the deposti was their responsibility then I would write to them.

Set out in oyour letter that
(1) you moved out on [date] and the [name of agent] confired that the property was "immacultate.
(2) As the agetns have confirned the the properrty was immaculate on check out you now require the return of you deposit in full
(3) that the agents advised you on [date] that they were responsible for the protection of the deposit
(4) In light of the above, you expect the agents to return the deposit to you in full, within 7 days.

anselld

Guest101 wrote: »

They must provide you with the address, within 21 days.

Not if the tenancy has ended.

inneedofsomehelp

BitterAndTwisted wrote: »

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?

Yes agent has stated by email "as part of our contractual obligations with Mrs LL we protect the deposit on their behalf. We usually use DPS or My deposits. We are currently attempting to locate your deposit and will let you know in due course."

reason2

if they are with an agency then the LL will not have the deposit as it will be sat with the agency still...

anselld

reason2 wrote: »

if they are with an agency then the LL will not have the deposit as it will be sat with the agency still...

Whilst that is no doubt true, it does not alter the fact that legally it is the Landlord who is responsible for protecting and returning the deposit and it is the Landlord who would be sued for failing to protect.