Deposit Return Letter

enigmo

Related to:
https://forums.moneysavingexpert.com/discussion/4975045


Well, the move went OK. Surprisingly so, actually. The only hiccup left is the one I thought would occur; the old landlord has not returned my deposit and is now also not returning my calls. So, I want to write him a letter giving him a date by which to return my deposit or I will take further action. My question is; does he have to have my postal address? I'd rather just be transferred the cash back anyways, but more importantly, I'd rather he not know where I live. Is this feasible on my own, or is it only doable if I use a solicitor?

princeofpounds

Yes you can easily write a letter before action. It doesn't even need to say very much, just put them on notice that you want the deposit returned and that you might look at further action if it isn't.

I don't think it is technically necessary to have a return address on the letter if the landlord has a way of paying you and a way of communicating with you. An email address, bank account number and mobile number isn't the worst.

However, it's normally good form to give people an opportunity to write back.

enigmo

princeofpounds wrote: »

However, it's normally good form to give people an opportunity to write back.

That it is, and normally I would relish the opportunity to have everything in writing, but due to past experiences with this individual I'd prefer he didn't have my new home address. I've considered a PO Box, but have no idea if there are any legal issues with that. Like, if he decides to pay me by cheque, is he allowed to use whatever address I give him, including PO boxes or solicitors offices? And what about work addresses?

enigmo

Righty-ho, I sent the guy a letter, 1st class with a proof of postage cert obtained, and had no reply or not received the money. I'm about to look into starting a small claims action against him and basically have two questions based on what I said before:
If I start a small claims action, does the other party at any point get the address of the claimant? I'd rather I never see the guy again but a court appearance makes that sort of inevitable, but I really want to avoid him knowing where I now live.
Also, with regards the up to 3x deposit fine levied when the landlord hasn't produced a deposit protection certificate, is this something I have to add on to the initial claim when I submit it, or is it at the discretion of the court if it gets that far? If I claim it from the start of proceedings, I guess I'm claiming for two things; return of deposit and no submission of protection cert, but I'm unsure on this. Any ideas?

G_M

Speak to the court officials.

If you just claim the deposit you can use the small claims track.
If you claim the 3 times penalty you may not be able to (stricty it's a penalty, not a claim), but some courts are allowing SCT.

enigmo

OK, willdo.
And I'll let you guys know what happens, just in case anyone else is interested. I'll also mention the Localism Aact 2011 (http://www.legislation.gov.uk/ukpga/2011/20/part/7/chapter/6/crossheading/tenants-deposits/enacted) that I believe you kindly linked me to on another thread to see if that means I can only go after the deposit and not the fine Either way, I'm not fussed, I just want the deposit back.

benjus

enigmo wrote: »

to see if that means I can only go after the deposit and not the fine

Not sure what you're getting at here - IIRC the localism act changed the penalty from a flat rate of 3 times the deposit to 1-3 times the deposit at the court's discretion - but even if only 1 times the deposit were awarded, this would still be a penalty in addition to the return of the deposit itself.

Not sure if there's anything else in the localism act that would affect your claim.