Landlord withholding deposit

nightofjoy

Hi.

We rented a flat almost 4 years ago from a private landlady.

There were immediately many things to be done, all kinds of damp and moisture issues - which are all documented on work order forms.

We recently moved out, and the landlady is saying we're not getting our deposit back because of the state the flat was in. She's elderly and hadn't been down to the flat since we moved in, things got worse over the years, but seeing as she never fixed anything we brought up, we stopped trying eventually.

The bathroom floor had gone rotten and sank, but this was one of the initial problems we mentioned within the first month, and we have it documented & dated on a works order form. She had undertaken other things off the form, basic things like a coat of paint and lights being fixed, but she never approached the damp issues properly.

Also, she didn't put our deposit into a rent deposit scheme. We have a receipt luckily.

We're due a month's deposit back - minus utilities, which she was due to calculate and subtract.

Is there any way that we're likely to see the balance of the deposit? And how do we best approach it? We've moved away from the area now, and can't email anything to her as she's old and doesn't use email, so we'd have to post the paperwork, and then she could ignore it or say it hadn't got there I guess. Could send it recorded...

What to do?

Comms69

You sue her.


1 for the deposit


2 for the penalty


(also why would you owe her money for utiltities?)


This is going to be an expensive lesson or her. Post things first class (NEVER signed for) it's deemed served after 2 days.

nightofjoy

Comms69 wrote: »

You sue her.


1 for the deposit


2 for the penalty


(also why would you owe her money for utiltities?)


This is going to be an expensive lesson or her. Post things first class (NEVER signed for) it's deemed served after 2 days.

But what if she just says she didn't get the letter?

We paid the utilities something like three times a year, so when we left, we'd have some electric & gas to pay from the next bill...

Also, isn't suing her going to be more expensive than the money we're owed?

Comms69

nightofjoy wrote: »

But what if she just says she didn't get the letter?

We paid the utilities something like three times a year, so when we left, we'd have some electric & gas to pay from the next bill...

Also, isn't suing her going to be more expensive than the money we're owed?

Well if it was that easy there would be no debts enforced by the courts ever would there?


If the bill is in your name, it's your job to get a final bill and pay it.


Suing her for the deposit will be (depending on value) around £40-70, and you get that back when you win. For the penalty it's £315 and again you get that back when you win.


You're owed upto 3x the value of the deposit as a penalty, likely to be £1500+

sal_III

nightofjoy wrote: »

But what if she just says she didn't get the letter?

We paid the utilities something like three times a year, so when we left, we'd have some electric & gas to pay from the next bill...

Also, isn't suing her going to be more expensive than the money we're owed?

Legally doesn't matter. Yours will be a letter before action, which is a requirement to start the Small claims proceedings. You only need proof that you have sent the letter (like a receipt from the post office) not proof of delivery. Once you have sent the letter and the LL has not responded in time you can proceed with the claim.

The claim is using an online system for small fee £35-400ish depending on the claimed amount, so not an expensive legal procedure. You can find the details of how the process works here:

https://www.citizensadvice.org.uk/law-and-courts/legal-system/taking-legal-action/small-claims/making-a-small-claim/

You can also claim between 1-3 times the deposit as compensation if the LL failed to protect the deposit. the mere threat of this should make the LL cough up your deposit without going to court.

nightofjoy

Comms69 wrote: »

Well if it was that easy there would be no debts enforced by the courts ever would there?


If the bill is in your name, it's your job to get a final bill and pay it.


Suing her for the deposit will be (depending on value) around £40-70, and you get that back when you win. For the penalty it's £315 and again you get that back when you win.


You're owed upto 3x the value of the deposit as a penalty, likely to be £1500+

OK, thanks, so how do we go about this then? We actually have a lot of paperwork in our favour. We really did everything by the book, we have a detailed surveyors report listing a number of things that should have been done to combat the damp and rot - but never were.

We also always paid our rent and utilities on time. It's a punch in the gut when we think of some of the awful people she's had in the building that have left her high & dry.

Comms69

nightofjoy wrote: »

OK, thanks, so how do we go about this then? We actually have a lot of paperwork in our favour. We really did everything by the book, we have a detailed surveyors report listing a number of things that should have been done to combat the damp and rot - but never were.

We also always paid our rent and utilities on time. It's a punch in the gut when we think of some of the awful people she's had in the building that have left her high & dry.

Letter before action - 28 days to return the deposit or you take it to small claims (google MCOL)


Letter before action - 28 days to settle for 2x the value of the deposit, or you pursue the claim (N208 form? - I'm pretty sure) - for the penalty

G_M

The utilities are your responsibility. When you left, I assume you read the meters, gave the readings to the various utility companies, and requested a final bill sent to your new address?


The law is very clear nowadays on deposits. See
* Deposits: payment, protection and return

You can claim the deposit back via the courts as explainedabove. Start with a 'Letter Before Action' giving her 10 days before going to court. As long as you get proof of posting, and send it to the correct address 'for serving notices' (usually on your tenancy agreement) the courts will assume she received it. See

Money Claim Online (apply online to start legal action against a landlord or tenant who owes money)

You can also claim the penalty for non-protection. This is a different process but you should be able to use it for both claims if you are claiming both. See

Claiming Compensation (Shelter: how to claim if your deposit was not protected). There are sample letters to copy.

G_M

Comms69 wrote: »

Letter before action - [STRIKE]28[/STRIKE]10 days to return the deposit or you take it to small claims (google MCOL)

Letter before action - [STRIKE]28[/STRIKE]10 days to settle for [STRIKE]2x[/STRIKE]3x the value of the deposit, or you pursue the claim (N208 form? - I'm pretty sure) - for the penalty

Just to get it right! :T

nightofjoy

Comms69 wrote: »

Letter before action - 28 days to return the deposit or you take it to small claims (google MCOL)


Letter before action - 28 days to settle for 2x the value of the deposit, or you pursue the claim (N208 form? - I'm pretty sure) - for the penalty

So is this either / or? Do we go straight to the second letter, confident that she never placed the deposit in a scheme? We never received any paperwork for this (like we did at our new property under our new tenancy) we were only given a paper stub receipt...

Comms69

G_M wrote: »

Just to get it right! :T

Guess I'm feeling more generous today than you are


(I think settling for 2x is more likely to be accepted, as it's less of gamble on the landlrods side)