unprotected rent deposit - claim

relanium

Estate agency with which i have TA failed to provide me with deposit protection certificate information and i never received written confirmation from institution where my house deposit protected. I just registered myself here as i'm considering claim deposit back.
I looked up at services which "you" provide..Not sure which option suits my issue and how much it will cost me to resolve this unprotected deposit issue.
Deposit amount £1950 been paid on a day when i moved in 2012 inclusive £775 for first months rent. Not sure, i should fill claim for £1175 or £1950 for full deposit amount? I requested my estate agency twice to provide me with such information and they failed to do that. I'm positive sure that estate agency failed to protect my deposit in 30 calendar days after they received my deposit. Agency violated my rights and breached a law. Should be punished and i hope the will learn lesson out of it regarding other customers.
Deposit been paid by cash back in 2012 - i own cit loan note which confirms how much i paid in. Cit loan note been signed by person (one off main people there) with which i signed rent contract on that day i paid - cash. As house now sold , looking forward to move out in next 2 months i start to worry about my deposit.
This is very small company, some people not very qualified in terms of basic law and in terms tenants rights..In my opinion - if you don't know how correctly do job - don't do it at all.
By this day on my estate agency account:

1. Probably unprotected deposit
2. Event of trespass, visit to house using own key - without my confirmation, i have a witness in my hand.
3. Breach of data protection act, my personal confidential information, Name, Surname, phone number been passed to third parties without my permission - twice.
4. Psychological harassment trough emails, i will be able to prove.


Waiting for a comments, answers and we will discuss it.

Thank you.

anselld

You need to sort out the basics before launching a crusade against the LA.

Check if your deposit is protected in one of the three Companies, four schemes (contact them all) ...
https://www.gov.uk/tenancy-deposit-protection/overview

Understand that the LA acts for the Landlord. It is the Landlord responsibility to protect the deposit and issue the PIs. If you sue anyone for non-protection it will be the Landlord, not the LA.

Tempting as it may be to teach the LA a lesson, you should probably just focus on getting your deposit back.

DevCoder

No sane person is going to "partner" with you in a personal civil case against an EA/LA. For one they have no personal interest or involvement in your case which is unique to you. A judge wouldn't be too impressed either unless it involved the same EA/LA in which case retain the services of a decent legal team to raise a class action.

relanium

anselld wrote: »

You need to sort out the basics before launching a crusade against the LA.

Check if your deposit is protected in one of the three Companies, four schemes (contact them all) ...
https://www.gov.uk/tenancy-deposit-protection/overview

Understand that the LA acts for the Landlord. It is the Landlord responsibility to protect the deposit and issue the PIs. If you sue anyone for non-protection it will be the Landlord, not the LA.

Tempting as it may be to teach the LA a lesson, you should probably just focus on getting your deposit back.

The thing is i don't know who landlord is i never met him in person as all house related issued been resolved with agency.

Tigsteroonie

relanium wrote: »

The thing is i don't know who landlord is i never met him in person as all house related issued been resolved with agency.

LL should be detailed on your TA.

kinger101

Have you read the contract to see if the landlord's address is in there ?(address for serving notices).

Did LA/LL give any notice when they visited the house? They should give 24 hours written notice for the purpose of property inspections. They might not have any legal right to access to show potential tenants/buyers round. It certainly won't exist if it wasn't in your contract. You can change barrels on locks so they can't get in.

Have you been served notice by the landlord? Do you know he can't evict you? Has the sale completed? Is the new owner now your landlord, or were they purchasing it to live in? Sorry, lots of questions, but with more info, people can advise better.

G_M

1) What is the name of the landlord on your tenancy agreement? That's who you sue (though jointly with the agent).

2) Have you got in writing (on your tenancy agreement or seperate) an address for the "serving notices on the landlord"?
Yes? That's where you sue him
No? Stop paying rent. See
Landlord and Tenant Act 1987 (S48)

3) You paid £1950. £775 was rent. So deposit was presumably £1175. You sue for 3 times the deposit (£3,525).

4) Have you checked youself all 3 Deposits schemes to see if deposit is protected?

5) What is your aim?
a) To screw cash out of the landlord?
b) to get your deposit protected?
c) to protect yourself from eviction?

6) If your depsoit is not protected it is very hard for the landlord to ever evict you (see c above). He must first return your deposit.

7)

2. Event of trespass, visit to house using own key - without my confirmation, i have a witness in my hand.

Give more details. Most landlords & their agents have keys. They have right to enter under certain circumstances. Please explain.

8)

3. Breach of data protection act, my personal confidential information, Name, Surname, phone number been passed to third parties without my permission - twice.

Cannot comment/advise without more information. Who was information passed to? What documents did you sign at start of tenancy? Have you read them? (you may have given consent)

9) I doubt anyone here will work with 'you'. That's not how this site works. Indeed, touting for/offering business is against the forum rules, so please withdraw your offer.......

relanium

kinger101 wrote: »

Have you read the contract to see if the landlord's address is in there ?(address for serving notices).

Did LA/LL give any notice when they visited the house? They should give 24 hours written notice for the purpose of property inspections. They might not have any legal right to access to show potential tenants/buyers round. It certainly won't exist if it wasn't in your contract. You can change barrels on locks so they can't get in.

Have you been served notice by the landlord? Do you know he can't evict you? Has the sale completed? Is the new owner now your landlord, or were they purchasing it to live in? Sorry, lots of questions, but with more info, people can advise better.

There was quite few house visits lately but i'm cool with it, this is normal..some people decide to sell house some people buy houses, me personally i don't have any issues with it, life goes on. I'm not such man which like to mess things up to some one (LL/LA).

House went on market for sale..This is not my job to show around and guide potential buyer trough a house..We agreed with my LA that all house visits will be processed when i'm working on specific time, before every visit, i asked them to inform me and everything will be arrange if when it suits me and my family. And within every arranged visit someone from LA should be with potential buyer in house when visiting.

One day, my partners sister came to visit us for few days maybe for a week..At that time when me and my other half been working (LA knew my work time tables). Visit been proceed by agency with which i don't have anything to do..for some reason LL agreed to sell house trough other LA, not that one which collects my rent. So they just came in, as they never expected to find anyone in a house..Family member been a bit terrified when strangers show up in a house for no reason..

when i asked my LA whats happening they explained that LL asked to cut key for another LA for visits i think everything was arranged between those 2 LA when i'm working and "help yourself". So it's clear trespass.

Another bit of my story..we just had our baby born, 7 days ago, my partner had emergency cesarean section we almost lost baby..so after 5 full days spend in hospital when we got back home i noticed email from my LA that Surveyor visit for mortgage as house been sold. I'm understandable person not very good for landlord for new buyer for everyone who involved in this house sale..But i didn't had any other choice but refuse visit because off 2 reasons:

1. due to poor baby's immune system we been advice by doctors - no visitors al least for a few weeks.
2. Partner after surgery recovery up 10 weeks in simple words not very healthy person in a house..So i send official request letter to my agency "do not be disturbed" till 06/01/2015 due to these reasons. I confirmed my words sending copy of hospital letter that surgery taken place. My request lies in with my tenant right and lies in with law it self.

Next day i received email from LA, which says that this visits needs to be completed ASAP. I explained that nearest visit possible on that date which been mentioned in previous my email 06/01/2015. LA wasn't very happy about it i think.

Which way i see it, after such my email actions should be taken by LA - LL informed with current situation and that's it. All off us we have our problems and our lives it's not just about LA or LL or buyer or some else.

After that, LA passed my personal confidential data to Surveyor's (this is counts like third party) company and they started to phone me trying to arrange visit..my position - i don't have anything to do with LL, Surveyor's company and that agency which sold house. And this is where i got !!!!ed off about everything i think it's not acceptable.

All of them they just trying to bully way in no matter what. They don't care how are you whats problems you have..no no it doesn't work for me that way! Now they trying to "buy" me with reduced rent for few months till TA expires..

This is not about messing things up to someone, this is not about to squeeze £ out off it. I work for money and i don't take some ones money when i have chance. Really don't know what to do..because i'm not that type person which likes to make people unhappy for no reason but if there is reason..well then this is problem i don't let anyone to push me around.

relanium

Sorry guys for spelling mistakes..But i think you will get big picture of current situation.

Generali

relanium wrote: »

Sorry guys for spelling mistakes..But i think you will get big picture of current situation.

If you used more paragraphs it would make your posts easier to read.

Sounds like a lousy situation. Hope it works out for you.

relanium

Generali wrote: »

If you used more paragraphs it would make your posts easier to read.

Sounds like a lousy situation. Hope it works out for you.

Done. And thank you.