Renting deposit return

G_M

Marvel1 wrote: »

Option 4 - the full deposit and pursue for 3 times the deposit.

As for the various letter drafts,I'm not going to add yet another, but:


* I would give brief details why - LL is more likely to think twice/fold if he knows the tenant knows what can be claimed
* LL might acually be ignorant (eg of protection regs, not take advice, and just get in a huff

If you can avoid court (hassle, time et) you should. So make clear to LL your case is strong.

* Head letter "Letter Before Action" and give 14 daysto pay.

Mistymoo82

have headed the letter
Letter Before Action
have changed the time to 10 days , i feel that is long enough as i am sure they will refuse to pay , she is very stubborn and the letter will get her back up i no that for sure so she will dig her heels in and fight it no matter what it costs her

Mistymoo82

OK this is the final letter being send recored delivery today

posting incase anyone else wants a template , not saying its any good but might help someone else

letter has been headed "Letter before action"

I am the former tenant of the above address, which you let to me on an assured short hold tenancy starting on 1st July 2009. My tenancy ended on 28th Feb 2019 after sufficient and agreed notice.

The property has been left in good order and the rent was fully paid to the end of my tenancy.

I am writing concerning the deposit I paid to you as a security against my obligations under the terms of my tenancy agreement.

I am concerned that none of my deposit has been returned to me and you have informed me that none will be

Please pay the balance of my deposit: £500

I understand that my deposit was not placed in an approved deposit scheme confirmed on the phone by yourselves 11.03.2019 after seeking legal advice on this all deposits paid to Landlords since 6th April 2007 had to be transferred into approved schemes buy 6th May 2012 under sections 213 & 214 of the housing act 2004. Due to the lack of deposit protection we are now unable to use the arbitration the deposit schemes offer to settle the dispute over damages. I would also note that you have not supplied us with an inventory and the repairs and decoration you claim are required seem to be betterment.

As we have not been able to agree over the phone the return of the deposit subsequent failure to return the deposit will result in further action which could result in 1 – 3 times the original deposit being awarded as per the housing act 2004.

I look forward to your reply within 10 days

Marvel1

Mistymoo82 wrote: »

OK this is the final letter being send recored delivery today

posting incase anyone else wants a template , not saying its any good but might help someone else

letter has been headed "Letter before action"

I am the former tenant of the above address, which you let to me on an assured short hold tenancy starting on 1st July 2009. My tenancy ended on 28th Feb 2019 after sufficient and agreed notice.

The property has been left in good order and the rent was fully paid to the end of my tenancy.

I am writing concerning the deposit I paid to you as a security against my obligations under the terms of my tenancy agreement.

I am concerned that none of my deposit has been returned to me and you have informed me that none will be

Please pay the balance of my deposit: £500

I understand that my deposit was not placed in an approved deposit scheme confirmed on the phone by yourselves 11.03.2019 after seeking legal advice on this all deposits paid to Landlords since 6th April 2007 had to be transferred into approved schemes buy 6th May 2012 under sections 213 & 214 of the housing act 2004. Due to the lack of deposit protection we are now unable to use the arbitration the deposit schemes offer to settle the dispute over damages. I would also note that you have not supplied us with an inventory and the repairs and decoration you claim are required seem to be betterment.

As we have not been able to agree over the phone the return of the deposit subsequent failure to return the deposit will result in further action which [STRIKE]could[/STRIKE] will result in 1 – 3 times the original deposit being awarded as per the housing act 2004.

I look forward to your reply within 10 days

As per Comms69 advice post 20.

CarrieVS

Mistymoo82 wrote: »

OK this is the final letter being send recored delivery today
...
all deposits paid to Landlords since 6th April 2007 had to be transferred into approved schemes buyby 6th May 2012
...

On the off-chance you haven't sent it yet, you have a typo.

hazyjo

Usually advised to send two by 1st class post, not recorded delivery.

Mistymoo82

Sorted the typo before sending
2 sent 1 signed for, one normal fist class recorded.
Now we sit and wait. The wife has bad anxiety which means from now till we hear will be sleepness nights .

Mistymoo82

So its the 10 day deadline tomorrow and we have heard nothing. We have been told a decorators van has been outside the house the past 2 days and windows fully open. So tomorrow i'll be trying to find out how to file at the court as i rang them and they were not helpful, i was told we cant give advise and all forms are online .

Blondetotty

https://england.shelter.org.uk/housing_advice/tenancy_deposits/tenancy_deposit_compensation_claims


This might help

OscarFoxtrot

Mistymoo82 wrote: »

So its the 10 day deadline tomorrow and we have heard nothing. We have been told a decorators van has been outside the house the past 2 days and windows fully open. So tomorrow i'll be trying to find out how to file at the court as i rang them and they were not helpful, i was told we cant give advise and all forms are online .

The courts cannot give advice on the merits of the case, but they can tell you which forms to fill out.


For the return of the deposit you simply issue proceedings on Money Claim Online


For the penalty I think it's the N208 form. - the cost for this is around £300 - but you can claim back costs when you win.