Landlord has taken desposit

HAWK22

I moved out of my last rented house in July and it looks as if I am not going to get the desposit back. No damage has been done and the lardlord has acknowledged this and said he would send the deposits. If he fails to pay is there anything that can be done about it? I've done a bit of reading and seems like small claims court is perhaps the only route?

Anyone had any experience of this? Or know what action I could take?

cheers,

scrummy_mummy_2

I'd write to him formally and give him 2 weeks to have the money cleared into your account and suggest that legal recourse is then probable if he doesn't do it.
Small claims is the legal option if he won't play nicely.
Try to keep communication channels open though until you have exhausted every opportunity he has to give you the cash, this will help you in court.
He has already held onto your deposit longer than is reasonable. Make sure you document all of your communication with him though so you can show it in court.


However......sometimes some big blokes with limited negotiating skills, supplied with his address and the brief that he requires 'encouraging' to return your deposit can be useful as a first option. Some might advise this is somewhat illegal but there is a big difference between what is legal and what works!
One thing you do need to be aware of is that getting a judgement in court in your favour is VERY different to actually getting the money.....they may very well find against your old LL but actually getting the money out of him is another story.

Melissa177

This happened to me... I had rented through an LA. They kept saying that they couldn't release the deposit until the LL had signed a particular piece of paper, and although she had agreed to give us our full deposit back over the phone, their hands were tied.

This merry-go-round went on for about 6 weeks. So, I looked up the LA on Companies House (companieshouse.gov.uk) and found the name of the director of the company, and called the LA again. Told them that I would be serving a small claims court notice on the director of the company if i did not have receipt of the deposit by 12 noon on Friday (it was a tuesday).

I also inadvertantly found out that the LA was going bust (which is why they were stalling - I don't think the LL was the issue, it was the LA), and then the woman at the LA pretended that I'd got the wrong company, as this person wasn't the director (funny thing was, this guys name was on their website! Morons.) I also reminded them that trading whilst insolvent was illegal and would be accompanied by a lot larger penalty than the 1250 quid I wanted back.

Anyway, to cut a long story short, I had a cheque in my hand the following morning.


Is the deposit with the LL, or with an LA? (LA = Letting Agent, by the way)

cherryredcutie

Hiya,

I am having some similar problems with my landlord, I found this site very helpful:

http://england.shelter.org.uk/advice/advice-3005.cfm

cherryred

coal9011

Oh scrummy mummy , you "wicked" lady suggesting such things to HAWK22

Well HAWK22, yet again another landlord who has retained a tenant's deposit!

Send him the letter - after all this time just give him 10 days - then if your deposit is not returned issue your county court claim for the return of your deposit AT ONCE! Do not let him get away with it.

Do not worry about NOT getting your money from him after you have won your claim. You will get it. The mere fact that he is a "landlord" says that he has "assets". Probably at least your house and one that he lives in himself. If it was me and I was having trouble getting the money out of him after court judgement, then I would "slap" a Legal Charge on one or other of his properties. This would mean - and it may well be some time in the future - when he tries to sell that house he will have to pay you what he owes you from the court action first - or he will not be able to sell. You will eventully get satisfation.

I doubt that it will ever come to this as a court judgement should be enough to make him "cough-up". If he did not however, then - as a matter of principle - I would do what I have said.

clutton_2

did you sign an inventory on check in or check out ?