Ex landlord refusing to return deposit

okeypokey

We gave notice on our property last September and was told that when we give the keys back they will then inspect the property. We gave the keys back as promised. They haven't contacted us to do an inspection and on numerous occasions when I have asked about our bond the lady said she will contact her boss. On my last contact with them she said that they no longer manage the property and that she will ask her boss to contact the new managing company??? I have checked on the deposit protection scheme and our bond/deposit hasn't been protected. Can someone advise me before I write formally to my ex estate agent what my rights are because its been 3 months since we left the property and also what does it mean if my deposit as never protected? At the time of leaving they WERE my estate agent so I think it's irrelevant about a new company taking over. Any advice would be great. Are they still liable to repay my bond and is there any key words that I should include in the letter?

transient

Well first and foremost you can go to a county court and apply to have your deposit returned plus up to 3 times the value of that deposit. I would write them a Letter Before Action and then proceed via the courts, I would even do that after they return it. By the way when did you move in?

I would also post your post here:

http://forums.moneysavingexpert.com/forumdisplay.php?f=16

There is a plethora of members with comprehensive knowledge of Housing law.

okeypokey

We moved 25/08/2010

transient

When you moved in is key if you are to claim upto 3x the deposit amount.

tumbledowngirl

There is more than one deposit protection scheme - which one did you check with?

transient

They have a thread running in House Buying Now...

arcon5

transient wrote: »

When you moved in is key if you are to claim upto 3x the deposit amount.

Unfortunately a historic case has deemed the 3x deposit rule unenforceable where the tenant has already vacated the property. It can be claimed where the tenancy still exists - but if at any time before the hearing the LL protected the deposit then the claim becomes unenforceable.

Don't know if it has changed recently - but I know pretty much all of the no win no fee solicitors pulled out of the arrangement following this judgement.

Will try find a link to the case if I get time

agrinnall

I haven't looked at the other thread yet, but the EA is not relevant to your deposit claim, protection of the deposit is the responsibility of the LL, and it is the LL that you have to claim against.