Landlord withholding my deposit - Not scheme protected

liz545

My heart goes out to you - I went through this and it's a right pain! Don't allow him to intimidate you by talking about your legal rep's details - if you do pursue this through the small claims court, the system is designed so that you don't need a solicitor, and he's just bluffing in a hope that it will scare you off. If you can, try and speak to the Citizen's Advice Bureau; also if you're part of a union or your workplace offers a legal advice line, contact them. I fought my landlord through the small claims using the legal advice department at uni, so look into what's open to you.

It's unfortunate that the problems with the plaster wasn't noted on your check-in inventory (I don't suppose you have photos?), but you should have received a copy of the check-out. Was the carpet professionally cleaned before you moved in? If not, he's on very shaky ground expecting you to do it on leaving, especially given that he's forced you to leave within the first 6 months of the tenancy, thus breaching it.

I feel that you should try and fight this, but be aware that if he's stated he's having 'personal problems' then the reason for this stonewalling might be that he simply no longer has the money, and even a court judgement won't change that if he's broke. Good luck!

olly300

Lizpower and the others are right he probably doesn't have the money. But even so you could get a CCJ awarded against him if he is acting as an individual, the judge rules he owes you some of the money he has taken and he doesn't pay up.

Out of interest did you move out at the beginning of March? If so anyone with a garden would know it is hardy likely that you would be able to mow the lawn.

Also I would read up on the small claims procedure - http://www.hmcourts-service.gov.uk/infoabout/claims/index.htm

Then write him a letter with the title "Letter Before Action" asking to pay up the amount of money he owes you otherwise you will take him to court in 7 days and he will be liable for costs. As he has corresponded with you before you can send the letter in the normal mail. (It will look odd in court if he suddenly didn't get a letter.)

DO NOT enter into any more correspondence with him after you sent that letter. So if there is any correspondence you want write to him before you send the "letter before action."

You can submit your small claim's action via moneyclaimonline (MCO) - https://www.moneyclaim.gov.uk/csmco2/index.jsp

When you get your allocation questionnaire make it clear that you have tried to mediate with the LL and cannot any longer.

In the small claims court each side is normally liable for their own legal costs so if he gets himself a barrister then he has to pay for it. There are a very very very small amount of cases where they costs are awarded against a party.

Also IMHO the LL should have taken legal advice before writing all his letters "without prejudice" as it is easy and reasonable for a LL to state that their property has been damaged by tenants. He has now prevented himself showing letters to the court showing that he has been trying to mediate with you. (As I stated before you may as well just show them as you are not a legal expert. If the judge decides not to look at them then it can't be helped. )

The LL will not want to get involved in a court case. So that leaves both of you with one witness each - your mate stating he lent you the carpet cleaner and his carpet fitting mate. If your mate saw your flat and showed you how to use the carpet cleaner then all the better.

BTW from the disputes I've been in it is normal for the other party to not answer your questions in letters and the easiest way to solve the problem is threaten to and then take them to court/a regulator. Then the issue is resolved one way or another.

If you want help putting your claim onto your MCO form then just continue with this thread.

going2die_rich

Just go around to the letting agents with a few "friends" tell them you want this sorted and to get the landlord down there now. When he arrives, tell him you want to talk outside with him to have a "quiet" word. I am sure he'll soon cough up the full amount when he realises whats going to end up happening if he doesn't.

I am going to be renting soon, and I have to say if this happens to me, I wont be leaving without ALL of my deposit and it will be paid up in full and if I am mucked about I'll want extra. Look out rip-off landlords

ManchegoMan

Hi and thanks once again.

Regardless of whether he has the money or not its the principle. The LL moved out of his wife's home to the rental home as they are separating. He told me this over the phone one day.

Olly 300, one of the main issues is the purported damage to the property, and not the carpet cleaning. He claims he has date/time stamped photos of the damage (the patched drill holes I assume). Not sure how he has managed this, I assume he's fiddled with his camera's settings and then taken the photos? He also claims his mate was with him when he first took on the property before letting it to us. We were his first and only tenants.

Anyway, we've already conceeded the carpet cleaning cost of £200 in our second letter as a gesture of mediation. He has friends in all the trades it would seem - his plumber spilt blue dye in the cloakroom which he said he would report it back to the LL. We never chased that up, but on using the cleaning machine it took most of the stain away, but still left a faint stain. We didn't try to take it out completely due to thinking that the LL's mate had made him aware. Also the fact that another of the LLs mates was measuring up the whole house for new floor coverings in the last week we were there.

The LLs latest correspondence was to reply with a quoted 'last ditch attempt' of handing £285 over from our requested £750. We do not want to accept this offer.

I know I should file court, but maybe I should contact the LA first to get a copy of the checkout report and 'mediate' with them (as LL is stating they are on his side). Or should I not do anything like this?

We havent spoken verbally to the LL ro LA since we moved out. All we have done is written two dispute letters, the first was recorded delivery to LL and LA. The second letter was recorded delivery to LL only.

The fact that he seems to brush over the points we made and accuse us of ignoring his points is laughable. We have all corrrespondence from the time we signed the contract (both email and post).

In answer to one question - yes, we moved in beginning of November 2006 and moved out beginning of March 2007.

Arrgh! I even thought this LL was a decent bloke (although we never ever met him, he had written a letter stating he preferred it to remain that way). Everyone told me (inc. wife) to withhold paying the last months rent. I thought this would be improper conduct - how naive of me!

Anyway, sorry for the ranting. Cheers, MM

olly300

LA are known to try and get the most money from doing the least work. (I'm being polite.)

They have highly likely given the LL your deposit money and will not want anything to do with either party. This is because neither of you are earning money for them. (Read EagerLeaner's thread about the tactics of the LA she used.)

I would:
1. Get the checkout report from the LA. - Go in person if you can and ask for it. And be prepared to wait until they give it to you. If your wife is better at talking to people then get her to do it.
2. Write your letter before action to the LL
3. Submit court claim after 7 days (get help writing it.)
4. Not enter into further correspondence with LL.
5. Keep all letters that he sends you and add to your file for the court case.
6. Stay calm and see everything as a learning experience.

Guy_Montag

olly300 wrote: »

LA are known to try and get the most money from doing the least work. (I'm being polite.)

They have highly likely given the LL your deposit money and will not want anything to do with either party. This is because neither of you are earning money for them. (Read EagerLeaner's thread about the tactics of the LA she used.)

I would:
1. Get the checkout report from the LA. - Go in person if you can and ask for it. And be prepared to wait until they give it to you. If your wife is better at talking to people then get her to do it.
2. Write your letter before action to the LL
3. Submit court claim after 7 days (get help writing it.)
4. Not enter into further correspondence with LL.
5. Keep all letters that he sends you and add to your file for the court case.
6. Stay calm and see everything as a learning experience.

& report back regularly so we can all learn from your experiences

budget_counsellor_shaz

I am so shocked by this my husband and I rent a house out to students. We have paid back all the deposits every year so far and not withheld any of it. Although the house still needs cleaning and the odd item of furniture has been broken. This year they even used the hoover to hoover up some water :eek: and was shocked when why smoke was coming out of it!:rotfl:

No wonder we never have any problem getting tenants, the house has dishwasher, tumble drier, dvd, tv, telephone, etc and when things get broken we replace them. As long as the students make an effort to look after the furnished property and clean it we are happy.

Its all in a years renting and helps to pay towards the mortgage while my children complete their uni degrees!

We have already returned this years deposits to the tenants, they left on the 1st July. I was a bit miffed by this idea of putting the deposits into a managed account....... I can see why now:rolleyes:

Don't give up Manchego_man and all the best with getting all what is owing to you very soon. :beer:

Shaz

ManchegoMan

Out of curiosity, the LL replied stating I have until 13th July to make a decision on his offer (basically, a two week period from the date of the letter). Do I have to conform to this in order to keep things in my favour? After all, its him who has my money, not the other way round. What legal leverage does he have by deman ding I reply with an answer within a certain date? I understand that I have to provide a clear reply by date as I need to ascertain whether or not to take the LL to court or not.

So, my worry is that I need to make a decision before this friday 13th. However, I also want to get lots of advice from here, consumers direct, also my wife is part of a union and she's just found out that personal legal advice is offered. All this takes more than a couple of days to geta breakthrough.

Should I reply to the LL and just state again that we dispute point 1, point 2, etc.? Or am I entitled to ignore his deadline?

clutton_2

of course you are entitled to ignore his deadline. if you feel you must write back to him - write again with regard to one of your earlier points that he did not address , this will give you a bit more time. good luck

olly300

ManchegoMan wrote: »

So, my worry is that I need to make a decision before this friday 13th. However, I also want to get lots of advice from here, consumers direct, also my wife is part of a union and she's just found out that personal legal advice is offered. All this takes more than a couple of days to geta breakthrough.

Should I reply to the LL and just state again that we dispute point 1, point 2, etc.? Or am I entitled to ignore his deadline?

You don't need to pay attention to his deadlines especially if he has written the letter with the title "without prejudice".

The LL is playing games with you to avoid paying any money to you.

If you haven't realised that from the beginning you should realise that now.

If you agree anything with him it is highly likely he will use it against you in any court case you have with him.

If you reply to him, which I wouldn't:
1. Acknowledge receiving the letter i.e write one line reply in the form of "I have received your letter dated xxxx."
2. Do not mention his deadline in the letter.

I suggest you then get a solicitor to write to him to inform him of your intent to take him to court for your deposit.

You should have a law centre in your area and I suggest either you or your wife go to the law centre and ask one of the legal advisers, who normally will have legal qualifications, to write a "letter before action" for you. http://www.lawcentres.org.uk/lawcentres/ (While they say they are for disadvantaged members of the community it's worth going to them.) The CAB and shelter won't do this for you as their volunteers don't have legal qualifications.

Once he realises you are not willing to put up with his wishes (game playing) and it's going to cost him money/trouble to fight with you he will either send you the money or make you take him to court.