Landlord not paying my Deposit back and did not have it Protected

Enzo_ck

Hi All

i recently moved out of a property and once i did the landlord has not given my deposit back,

From what i have found out is

1. i rented this property from a well known letting agency that included my deposit to be protected in a dps,

2. After moving in 1 month later i was sent a letter from one of the deposit protection schemes that my deposit was taken out as my tenancy had been finished by the landlord, strange as i just moved in 1 month in and it was a 3 year lease,

Now after moving out 2 years latter with a agreed early break in the contract the landlord had told me that when he went to the flat it had a strange smell from the carpets and due to this the new tenant has not moved in i offered to pay £100 towards any cleaning needed for the place it is a studio flat not big at all, after that he said to pay £200 and that would be fine i replied to his email and as a gesture of goodwill would increase my ofer from £100 to £140,

i received no reply for few days,

once i received a new email from LL he stated that the cleaners were unable to remove the smell from the carpets and the cost of cleaning would be £200 but has now said that i have to pay for the replacement of new carpets and also loss of rent as the new tenant has not moved in. my deposit is in the sum of £1300 he is near enough trying to claim the whole deposit

i left his place in good condition and also carpet shampooed his carpet b4 leaving and not once was there any smell in the place i had letting agents in and out the place they never had any problem with any odour

please help on what i should do and what steps to take

thanks

Guest101

Go to court. He owes you money, that's what you do.

Write a letter, advising 5 days to return undisputed amount 1160 in this case, or you begin court procedure

anselld

Guest101 wrote: »

Go to court. He owes you money, that's what you do.

Write a letter, advising 5 days to return undisputed amount 1160 in this case, or you begin court procedure

Whole deposit plus 3x penalty for non-protection would be a better starting point! £5200

Hopefully the £140 offer was made "without prejudice" and can therefore be withdrawn and left for the the LL to prove and the Court to decide.

Enzo_ck

thanks for replies im really new to this sort of circumstance and need a little advice on what my next step should be if i want to take him to court what or how should i go about this or do i give him a chance to return my deposit....?

forgotmyname

Letter before action giving them a reasonable but fixed timeframe to return your deposit.
As soon as the deadline passes file a claim.

Enzo_ck

thanks for replies is there any link to templates to write to landlord with specific wording

and how much time should i give the ll to give deposit back

thanks for any help given

Stevie_Palimo

Enzo_ck wrote: »

thanks for replies is there any link to templates to write to landlord with specific wording

and how much time should i give the ll to give deposit back

thanks for any help given

Here's a layout letter : http://www.contractorcalculator.co.uk/payment_letter_before_action.aspx

thesaint

Can you explain how the landlord was able to get the deposit back?
It is not possible(in my opinion) to do what he did.

It's even stranger that you left it until you had left the property to seek advice, as you have known for 2 years that the landlord had took your deposit.

anselld

thesaint wrote: »

Can you explain how the landlord was able to get the deposit back?
It is not possible(in my opinion) to do what he did.

It's even stranger that you left it until you had left the property to seek advice, as you have known for 2 years that the landlord had took your deposit.

Tenant leaves letter with repayment ID lying around during inspection visit.

LL enters an incorrect email address or mobile number (i.e. one he can access) and then requests a repayment ID.

Probably a few other more devious scams if the truth were known however all fairly transparent when exposed in Court.

Enzo_ck

thesaint wrote: »

Can you explain how the landlord was able to get the deposit back?
It is not possible(in my opinion) to do what he did.

It's even stranger that you left it until you had left the property to seek advice, as you have known for 2 years that the landlord had took your deposit.

Hi i received a letter from mydeposits stating they have received instructions to make my deposit no longer protected and that the reason for this is the the tenancy has ended. this is 1 month after moving into the place, i be quite honest this was my first time renting any property and assumed the letting agency would take care of all this kind of stuff only now once i moved out and the landlord is trying to keep near enough whole deposit i am coming to understand the whole deposit stuff

now i need to know what is the right action to take as it seems a lot of people here seemed clued up in these situations