Should I warn my landlord of TDS?

tashydodah

my 6 month AST comes to an end at the end of may, but ill probably move out the property before that (still paying the rent) my landlord has been a nightmare, so was going to go for 3x the deposit because it was obvious hes not going to give me my deposit back. But I've decided I just want a stress free life! Should I inform him to return the deposit to me asap to avoid the courts? Or would that just mean he'd put it into a scheme? But I dont really understand how he can do that without an inventory? Blah

moneysavinmonkey

you certainly could lean on your landlord to return your deposit speedily or else you will lodge a claim for 3x return of deposit.... perhaps point him in the direction of this link.

Having said that- how much is your deposit?? If your landlord hasn't protected it in the scheme then you stand to gain 4x the amount back (ie your deposit + 3x penalty) Chances are that is a substantial amount of money and worth a little hassle/stress - this is a moneysavingwebsite after all!

Fred1_2

There is no excuse for a landlord not knowing about and using an appropriate deposit protection scheme - in fact your AST agreement should be crystal clear as to how the deposit is being protected.

I'm a landlord and if I can keep up with legislation and make sure that I'm treating my tenants right, anyone can. It's just not good business to have people wanting to move out after only a few months. I want long term tenants who are happy to pay the rent for years. I don't understand the attitude of landlords like yours and you should show him (I assume it's a he) no mercy. People like that give us all a bad name.

tashydodah

Thanks, but just because one person has won-doesnt mean I will? And it might take forever?

The deposit was £400

tashydodah

Fred- yes landlords like mine give you a bad name! But not just because of the deposit, hes a nightmare.

moneysavinmonkey

if you read the legislation it's fairly clear cut so I don't see why you shouldn't win. What reason do you think that you have to loose?
In the case reported it did sound like the tenants were fairly hellish - ie not paying rent + trashing the place and they still got the full 3x back!

Filing a small claims action is not too much hassle, you can even do it online nowadays. Say it took you 1/2 day in court + a couple of days to sort out the paperwork. Even if it took you a week it's not that much effort for £1600 is it?? That's more than my monthly take home pay!

tashydodah

Yeah you're right. I'm just worried I'll mess it up! Plus I've wasted so much money on this already (paying for carpets, paint, past tenants debt etc) so I was put off by a court fee. I've not trashed the place lol. I think I've been the perfect tenant, so no idea why hes treated me so badly! I thought I might not get the money back because this is a new thing, I've only heard about that one person winning and I really cant afford to be throwing money away. As I need another deposit (1 and half months rent) for another place I'll be renting soon.

Do I need a solicitor, or do I have to do it myself?

tbs624

Tashy - have a look here http://www.housepricecrash.co.uk/forum/index.php?showtopic=65430 at the first post especially. Plus the court staff will also give you help with paperwork.

Shelter have advice on this too : http://england.shelter.org.uk/advice/advice-3007.cfm

You'd need to show that you'd made an attempt to get your deposit back.

moneysavinmonkey

tashydodah wrote: »

Yeah you're right. I'm just worried I'll mess it up! Plus I've wasted so much money on this already (paying for carpets, paint, past tenants debt etc) so I was put off by a court fee. I've not trashed the place lol. I think I've been the perfect tenant, so no idea why hes treated me so badly! I thought I might not get the money back because this is a new thing, I've only heard about that one person winning and I really cant afford to be throwing money away. As I need another deposit (1 and half months rent) for another place I'll be renting soon.

Do I need a solicitor, or do I have to do it myself?

no you don't need a solicitor, it is not usual to be represented by anyone at county courts - the process is meant to be as cheap + easy as possible. Court Staff can help, also CAB can give free advice + will help with the paperwork. there are also loads of posters on this forum who have taken landlords to small claims court over deposits (albeit under the old system) so we can help you through.

There is no guarantee you'll get your deposit back without going through the courts so you may as well make it worth your while!! This is a serious amount of money - I'm finding it hard to understand how you can be so complacent - unless you earn mega bucks it's really worth your while to do this!!

by the way - what what and what to the carpets, debt + paint!!
why did you pay for these things???!!!!

tashydodah

Thanks tbs, that link is really helpful.

How can I prove I made an attempt to get my deposit back? (its not the end of tenancy yet)

Plus if he just gives me the deposit back can I still claim 3x because he didnt protect it in the first place?

Fred1_2

tashydodah wrote: »

Plus if he just gives me the deposit back can I still claim 3x because he didnt protect it in the first place?

I'm pretty sure you can.