claim back deposit??

dollface83

I must warn you all i have a lengthy post

My partner and I moved into a flat through C Estates in september 2006 and signed a 12 month contract also we provided gurantors, for me it is my father as I am a student for my partner also a student, his fathers annual earnings were not sufficient for him to be used as a guarantor so C Estates asked an extra months rent from him which they verbally agreed would contribute towards the last months rent for which we have a reciept.

In June we recieved a letter from C Estates saying they no longer manage the flat and had enclosed the mobile number and bank details of the Landlady so we can set up payment with her.
We rang C Estates to confirm the letter was correct and ask for the landladys name. During the conversations C Estates said they will be closing down and setting up with a new name. We queried about our deposit and was told it is transfered over to the landlady.
We then rang the Landlady to check the situation is correct. During the conversation we were told that Chapel Estates had not been paying the landlady the rent and she had not recieved anything since January 2007. She explained that she will be claiming against C Estates.
My partner asked about our deposit. The Landladys responce was that she will contact C Estates to give her our deposit and get back to us. The landlady mentioned that she is putting the flat with Sutton City Living who will be in contact with us. she was pleasant and had been 'done over' my partner and I felt bad for her and agreed to pay the rent for that month directly into her account as it was due and she was also going on holiday in a few days.

After 3days we recieved a handwritten letter from the landlady as she had lost our number. the letter said;


Any help would be greatfull. Thank you for your time.

clutton_2

if you read Eaglerlearners thread on here (set aside 3-4 hours reading) you will see how she got her deposit back in a very similar situation.

Legally, the LL is totally responsible - even if the agent screwed up or ran away or stole all the money the LL is still legally responsible. Tenants must not be made to suffer because LLs employ duff agents.

You will need to take her to the small claims court. i would send her a "letter before action".

clutton_2

if both your names are on the one tenancy agreement, i would guess that just one claim would be sufficient.

Loretta

Your claim is against your landlord, whether or not she has received your deposit from her original agents, the problem she has had with her letting agent is not your problem.

Keep it simple

clutton_2

Dear LL - i am sorry that you have had difficulties with your LA. However, the law is very clear in so far as you, the LL, are fully responsible for the actions of your agents, and that tenants must not suffer due to agents incompetence. Legally, it is up to you, and solely, you, to pursue your agent.

i look forward to receiving my deposit of £x by (date 14 days hence) otherwise, i shall, without further warning, issue a county court summons against you for recovery of this debt.

YF

barnaby-bear

dollface83 wrote: »

"Dear LL - i am sorry that you have had difficulties with your LA. However, the law is very clear in so far as you, the LL, are fully responsible for the actions of your agents, and that tenants must not suffer due to agents incompetence. Legally, it is up to you, and solely, you, to pursue your agent."

i was wondering if i need to state any laws about the fact its a LL problem that the agent hasnt paid the deposit over. Also is it my job to tell the LL what they should be doing?

the LL told me to go get legal advice, when really its LL that hasnt a clue.

http://www.landlordzone.co.uk/forums/archive/index.php/t-636.html

clutton_2

i would not specify the actual amount of interest you want to claim (but mention that you crave the court's indulgence in asking the court to allow you to claim 4% above BBR interest at the time of judgment for the appropriate period. ) There will be lots of tooing and froooing document-wise before this gets to court.

""However, the law is very clear in so far as you, the LL, are fully responsible for the actions of your agents, and that tenants must not suffer due to agents incompetence. Legally, it is up to you, and solely, you, to pursue your agent.""" - this shows the court that you are being more than fair - brownie points for you !!

barnaby-bear

dollface83 wrote: »

Am i right in the fact that my deposit should have been returned 5weeks after the date i moved out?

There is no time scale in my tenancy agreement and becuase this was back in sept 2006 it doesnt fall under the new time scale

It's pretty obvious it should have been repaid by now - just bung in the claim