Landlord had me under a lodgers agreement but, I was a tenant!!!!!!!!!!

Svont

Thank you so much for letting me know this. His garages are on the same road he lives on I just don't know his actual door numbers.

Guest101

breaking_free wrote: »

I think it's time for a spoon feeding response as the OP is clearly getting anxious and needs step by step assistance. It's not in my ability to write an example 'Letter before action' for her, but perhaps another poster could do it if they're feeling generous?

If you have no address other than the garage that he owns then yes, send your letter there.

Letter before action


Dear X


Please note this letter outlines my claim and fulfils my obligation under pre-action protocols.


I am claiming £X for failure to return my deposit, in relation to my tenancy at <Address> from <Date> to <Date>.


Please be aware you have also failed to protect my deposit, as required by law, in any approved scheme. I therefore also reserve the right o make a claim for this.


To stop further action, please pay £X (or £X + 1x the deposit amount) with-in 14 days of receipt of this letter. Please note receipt is considered two days after posting, therefore if I don't here from you by <date> further action may be taken with no further communication.


This settlement offer is made without prejudice.


<payment details>


Regards

Svont

It's not about being spoon fed - I want to know I will get my money back and yes I am getting a little anxious but, that's okay it's not a nice situation. I just wanted people to be able to advice me on the best situation to take and I suppose it's me in a small claims court.

DoaM

It's an LBA first ... in many cases that will kick the other party into action as they then realise you're serious.

If no outcome from the LBA then start small claims action. Google MCOL for more info.

aneary

Svont wrote: »

You know I am not stupid and I understand people have said send the letter but, I only have the address of his garage he owns - do I send it there ? I work full time with epilepsy and a small child - I moved quickly as I had no home at the time due to a separation and maybe it was naively rushed on my part to except this place on spareroom (i thought landlords would be vetted on a site so big) but, we needed a place to go and the council would not help as I had always privately rented. I just started a job and that deposit he is keeping came out of me saving my first two wages up and not spending anything except for bills. I wanted a solicitor because i need to win this and not let him scam me these landlords can't be free to do this to people.

You do not need a solicitor, you will not be able to claim back solicitors costs if you win.

Write a letter before action to the address he supplied on your agreement if there wasn't an address send it to the garage if it accepts post. There should be some template letters on Shelter use one regarding the deposit protection (make sure you physically check all three sites for protection it's a requirement)

If he responds and gives you your deposit back great if not you go to court.

If you have to go to court you fill in an online form you state when you moved in, when you moved out, the notice you gave etc. You then say you have checked all sites and your deposit wasn't protected.

On the court day take a friend write down everything so you have notes it'll be a short proceeding you win because he did not protect the deposit simples.

Caroline_a

Great template letter from Guest. Use that, sit back and see what happens. Come back if you hear nothing prior to the date you give him to respond (a month?) and people will help with your court application.

Svont

What is the LBA? Local Borough Authority?

AdrianC

LBA = Letter Before Action.

Rambosmum

It's not about spoon feeding you because we think you are stupid, we don't. We appreciate you have a very stressful situation which can make it difficult to work out to do - been there!

So,

1) write the letter as advised by Guest 101 (use that specific legal wording). Make sure your current address is on the letter (as well as the rented address in the relevant bit) - post it at a post office and ask for proof of postage, or get it tracked. Send it to the garages if you don't have his address.
2) wait 14 days.
3) if you have your money back, great, if not - small claims court. Come back to us for advice on how to fill in the forms if you need it.

As other have said. It doesn't matter whether he gave you a lodger agreement/ blank paper or nothing. You had a tenancy. You lived in a flat by yourself, where your landlord lived separately and you paid him money for that. That, legally is a tenancy. You do not need a formal, written tenancy agreement for that to be the case.

Good luck.

Svont

Thank you so much with all your suggestions. It really has helped with this nightmare.