How many weeks/months do I have to claim unfair deductions?

Ricardo1980

Hello!

13rd March I ended my contract as a lodger in a room.
About 3 weeks later, 9th May, my former landlord sent me part of my deposit.
He did several unfair deductions, and through TXT I disagreed with him.
The next day he sent me an email with a detail of the deductions and I didn’t reply that email.
Basically because I’m new in this country and didn’t know what to do exactly.

Now I have a clear idea of the steps I should follow to claim those unfair deductions, but there is a detail I don’t find:
Can I start a claim (before action letter, moneyclaim website…) now?
He returned my deposit and sent unfair deductions about one month and 11 days ago.

The only reference I found was this:
england.shelter.org.uk/get_advice/tenancy_deposits/getting_your_deposit_back/negotiating_the_return_of_a_tenancy_deposit
“You won't need to take further action if your landlord replies with a list of deductions from your deposit and you agree they are fair.”

Note that I was a lodger, not a tenant, that is, the landlord was in the same house.

Thanks a lot for your help.

booksurr

you are a lodger so there is no point in you reading the rules relating to tenants!

you must do a letter before action giving him x days to return the money

you must then take court action as only a court will decide who is right in a dispute between a lodger and their LL

[Deleted User]

I am afraid to protect yourself, you should take dated photo's of your room as you move in or before. Send a list of the 'defects' to your LL if you can.

Then when you move out you can 'prove' which defects already existed before you lived there. Take more photos after you have cleaned up and emptied your room.

Then you can decided whether to take him to court. But, again I am sorry, even if judgment is made against the LL, you then have to get the money out of him - which can mean employing bailiffs if he doesn't pay up voluntarily.

Ricardo1980

Thanks for replies.
I already have pictures and he has a job/salary and another house, so I don't mind about bailiffs. Actually I don't do this for money (it is less than 300 pounds), it is because he believes he can do whatever he wants and I'm completely sure he will do the same for the next lodger.


Actually my question is about the timeframe.
Can I start the claim process after 40 days he returned part of my deposit?
Or do you know where I can see that?
Thanks a lot.

agrinnall

Ricardo1980 wrote: »

Actually my question is about the timeframe.
Can I start the claim process after 40 days he returned part of my deposit?
Or do you know where I can see that?
Thanks a lot.

As explained by booksurr because you were not a tenant none of the deposit rules relating to tenants are of any relevance. If you reach the stage of taking legal action you must do so within 6 years (5 in Scotland).

Ricardo1980

agrinnall wrote: »

As explained by booksurr because you were not a tenant none of the deposit rules relating to tenants are of any relevance. If you reach the stage of taking legal action you must do so within 6 years (5 in Scotland).

Ah ok, I didn't get it the first time.
Thanks a lot, I had no idea about that.