Just tired of Landlords - Tenancy Deposit.

Doozergirl

Just really, really tired of it all.

We moved out weeks ago, the tenancy offically ended 14 days ago, so the LL should have told us by now if he intends to keep any of our deposit. I am sure that the deposit hasn't been protected. The LL was even laid back about collecting the rent, so I'm sure it's just the general attitude and not malice, but the deposit doesn't belong to him! :wall:

H doesn't want to get nasty but I've phoned the County Court this morning and asked for the forms.

I've phoned the deposit scheme listed in my tenancy agreement. They have no record of us.

I've phoned the other two, one is sending me a letter to state whether we are with them or not but told me that if I hadn't received confirmation then it almost certainly wasn't registered. I'm waiting for a call back from the third.

If it isn't with any of the three then it isn't registered at all apparantly, but if I wasn't provided with details of the scheme within 14 days I am still within my rights to persue him anyway.

We got shafted by our last landlord and I've had it to the back teeth now. H says we should be 'reasonable' and try to talk to him tonight when he is more likely to answer his mobile and only start the legal process if he wants to keep some of our money, but I'm wondering how many phonecalls it takes to the LL before he communicates properly. What is the point in paying for a full inventory and check out if you haven't even put the money where you legally should?

I just want to fill out the forms when I get them, pay the £65 fee and to hell with them. Then when I need to rent again, I'll have burned all bridges with local LLs!!

Sorry for the rant I'm so totally torn between being 'reasonable' and just doing what is probably right. Why should LL's continue to get away with keeping tenant's money?

I could weep.

Becks045

Poor you, thats terrible, I really feel for you.

I am a landlord and always in the past have made the point of trying to do an inventory check-out on the day the tenant moves out. I typically would give them at least half back on that day with the rest to follow a week later as soon as I'd had confirmation from utility providers.

My deposits are with the government scheme now and I did have a complaint from someone that moved out last year that they had to wait 4 weeks for their money despite me filling in the forms online the day they moved out.

But I guess your gut-feel is right, that its not registered anywhere. I would go for it and take the matter further. Good luck.

Guy_Montag

C'mon DG, stiff upper lip. Where's that bulldog spirit that got us through two world wars & countless minor conflicts?

Right, I would
1) Call your LL & explain the situation - that you are concerned that he has not returned your deposit yet, that the deposit should have been protected & that if, in court, it is found that it was not protected he will be liable for three times the amount + expenses, so he should return it asap. Leave it as a message on his answering machine or by e-mail if necessary.

2) Fill in all the paperwork now, but not post it until Friday. It will make you feel better now, knowing that, with a five minute walk to the post box, he'll be in deep !!!!!!.

Doozergirl

Thanks people

Guy you are right except I'm raging now and the message is not going to even mention the court thing, just that under the rules if the protected deposit scheme he should have informed us by now if he planned to keep any of it. If he thinks we haven't got the nounce about us, I'm going to prove the !!!!!!! wrong.

He doesn't even have our forwarding address.

Leightonian

I sent recorded delivery our final letter to LL , the next one will be to infoprm i have started small claim court proccedings

and `ill enjoy paying for the postage on it

mlz1413

I would def put it in writing and hand deliver or record deliver. If you go to court you will need to prove that you have contacted LL, a list of telephone calls doesnot prove you spoke about deposit.

I would politely direct the LL to read the direct.gov web page on deposit protection, once he sees he has to give you 3 times your deposit if it's not registered then you should have his full attention!

Doozergirl

I don't think I need to write anything to him. Under the law he must register the deposit. It's even written into the tenancy agreement where it was going to be held. It isn't being held anywhere except his bank account as far as I can see.

sooz

I think the other poster meant request your deposit back from your LL back in writing (recorded del & keep a copy) before you send off the court forms.

Doozergirl

I don't think I even need to prove I've mentioned the deposit though. I think the Tenancy Deposit Scheme means that the court will automatically find in our favour now.

I think that the TDS means they automatically have to pay our fees. The clerk at the court did say this morning that if they hadn't registered the deposit then I don't need to worry about not getting the court fee back. The issue I take them up on is that they haven't registered my deposit, not that they haven't returned it, iyswim.

She said there would be supporting literature with the forms so hopefully it will clarify things for me, but as I understand it from the people I have spoken to this morning, anyone who hasn't received confirmation of their scheme within 14 days can persue their landlord. If the landlord tried to log the deposit after 14 days they are still in breach of the law and they are in trouble.

Leightonian

sooz wrote: »

I think the other poster meant request your deposit back from your LL back in writing (recorded del & keep a copy) before you send off the court forms.

Thats what i am doing but just to create a paper trail , i cant wait to file

sooz

Doozergirl wrote: »

The issue I take them up on is that they haven't registered my deposit, not that they haven't returned it, iyswim.

Doozer - aren't those two separate issues?

I think you still need to write to your LL, requesting the return of your deposit asap.

In theory, you could have filled in the forms about your LL not registering the deposit 15 days after you gave it to your LL

You want your full deposit back, AND 3 times the deposit.