Just tired of Landlords - Tenancy Deposit.

silvercar

Doozer, you are totally right..... in theory.

Failure to register the deposit within 14 days means the tenant is entitled to 3 x deposit.

Two possible problems, I'm not sure if you can claim this if you are no longer a tenant and, according to other forums, no-one has actually managed to get this yet.

Third problem, if the landlord hasn't got any money you won't get blood out of a stone.

sooz

silvercar wrote: »

Doozer, you are totally right..... in theory.

Failure to register the deposit within 14 days means the tenant is entitled to 3 x deposit.

Two possible problems, I'm not sure if you can claim this if you are no longer a tenant and, according to other forums, no-one has actually managed to get this yet.

Third problem, if the landlord hasn't got any money you won't get blood out of a stone.

do you mean me?

I quite agree - just trying to point out that the return of the original deposit is a separate issue to that of being awarded 3x the deposit, & the OP should request the return of the original deposit in writing first, so that there is a paper trail. Then take the b*gger to court for that. At the same time, fill in the other forms, and see if she can get 3x deposit back too.

neverdespairgirl

Doozergirl wrote: »

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.

In all areas of law, unless it's a real emergency, you ought to send a letter before action, giving a deadline for settling the matter before you file proceedings.

clutton_2

hi DG - i am sooo sorry you are feeling this fed up, i can well imagine your frustration and despair. The new Schemes were to prevent landlords like this from shafting tenants like this.

As others have said, there are two issues here - getting your deposiit back, and the fact that the LL has broken the law by not lodging it. (However, just remember, one of the schemes - the one run my National Landlords Association - had software hiccups and NLA did not inform tenants of the lodgement, but, left it to the LLs.)

iRe return of the deposit - think you need to write to him setting a 7 day deadline, letter before action, and i knooooow you dont want to do this today, but, you'd be really annoyed if you lost in court due to the lack of a short letter.

looking at him from his point of view, if he does not have a forwarding address for you, how will he return the deposit ? Maybe post him a paying in slip for your bank.

i would not mention the 3 times deposit-compo issue to him just now - once you apply to court for non-return, then you can include this extra issue - and what a surprise that will be for him - dont forewarn him.

chin up - a lovely massage and cup of camomile tea/G&T might help .....

Doozergirl

Okay! Thanks ladies

Do I title this Letter Before Action or what?

Dear Mr Grrrrrrr,

Our tenancy at ________ ended on 29th January 2008 and we have yet to receive any correspondence from you regarding our deposit, despite numerous unsuccessful attempts to contact you by telephone.

We request that you please return our deposit of £___, as the premises were left clean and in good repair when the tenancy ended. Allowing for fair wear and tear, the premises were left in the same condition as they were in at the beginning of the tenancy. We also invited you to inspect the premises, empty, before the end of the tenancy to discuss any issues and prevent any disputes further down the line.

Under the Tenancy Deposit Scheme, you are required to inform us within 10 working days of the tenancy ending of any planned deductions. Today is the 10th working day, hence the reason for this letter.

If you plan to make any deductions from our deposit, please provide us with full details within 7 days of the date of this letter, along with the full registration details of the Government approved deposit scheme that our deposit is being held in (we did not receive this at the beginning of our tenancy) so that we may mutually agree for the return of the monies.

We do require your reply to arrive no later than 7 days after the date of this letter. If I receive no satisfactory reply by then, I will begin a County Court action for recovery of our deposit without further warning.

Up yours,
Doozer
xxx

The Fonejacker in me just had to say 'monies'

Tori_Bellatrix

You have my full sympathy OP, I moved out yesterday and my LL has shafted me royally with my deposit and again it should have been protected but wasn't ... I've just posted a thread about it ....:mad:

Doozergirl

Did you post on Landlordzone? I've been reading and learning

I've gone crazy now and written a letter to the last landlords who stole money from us too. I don't even care about that now, but I want them to feel what I felt back then.

Tori_Bellatrix

Doozergirl wrote: »

Did you post on Landlordzone? I've been reading and learning

I've gone crazy now and written a letter to the last landlords who stole money from us too. I don't even care about that now, but I want them to feel what I felt back then.

Yes, I did .. thought I'd post it here as well for those that don't frequent LLzone ....

alan99_2

silvercar wrote: »

Doozer, you are totally right..... in theory.

Failure to register the deposit within 14 days means the tenant is entitled to 3 x deposit.

Two possible problems, I'm not sure if you can claim this if you are no longer a tenant and, according to other forums, no-one has actually managed to get this yet.

Third problem, if the landlord hasn't got any money you won't get blood out of a stone.

Hi

I am not up to scratch on legal issues so correct me if I am wrong. But if the LL owns the property (even jointly) can't a claimant slap a charge on it , if they win a court case. Negative equity? Wait till they buy another one , eventually.

Ps Hope you sort it Doozergirl. Good luck.

Alan

neverdespairgirl

Doozergirl wrote: »

Okay! Thanks ladies

Do I title this Letter Before Action or what?

Not necessary, it is a letter before action (as you clearly set out deadlines etc) so you can but don't need to entitle it thus.