renting and deposit

ser_dom

Hi everyone,

Lucky I saw this forum, plenty of useful info avalaible.

I'm having a little problem with my old letting agency, they're not giving us back the deposit and we do not know what's all about, since they're not returning phone calls or letters. I have trading standars involved, but they take a long response time. The thing is that there was a broken window when we got into the flat, they never fixed it, we managed to reflect it in the inventory (which has the letting agency stamp) but the lady who deals with the checking out says that if the crack is not on a video she took previously to us moving in, she doesn't give a damn about the inventory. In the mean time they ask for quotes and quotes and we do not get our money back.

Is there a maximum legal time for they to give us back our deposit? And is there anything I can do about it or since I am the small fish I hve just to stand with it all??

Thanks,

ser_dom

chugalug

Hi, unfortunately the only way to get your deposit back from a landlord or letting agent that doesnt want to pay it is via the small claims court. You can take advice from the Citizens advice bureau but the procedure is quite simple. You need to send a letter before action to the letting agent (by recorded delivery). If they don't respond or still refuse to pay you will have to proceed to court. You can download the relevant forms from the court website - the procedure is simple but you will have to pay to lodge the claim. Make sure you submit all your evidence so that the court can consider everything. Make sure you ask the court to award costs to you aswell as the deposit. Before taking action you should consider 1) Is the letting agent still in business or do you think it will close? Even if you win your claim you are unlikely to see your money if the agency closes down 2) If they don't pay even if you win, you will have to instruct bailiff's to enforce the debt (at least another £90). Do you have the address of the landlord direct? Sometimes they aren't aware of problems and once they know can instruct the letting agent direct to pay your deposit back. Anyway, something to think about. HTH

moneyandmountains

ser_dom wrote:

Hi everyone,

The thing is that there was a broken window when we got into the flat, they never fixed it, we managed to reflect it in the inventory (which has the letting agency stamp) but the lady who deals with the checking out says that if the crack is not on a video she took previously to us moving in, she doesn't give a damn about the inventory.

A video by the inventory clerk is not legal evidence, as it could have been taken at any time, and is unlikely to have sufficient detail. The inventory often forms part of the contract. Smile sweetly at the inventory clerk, remind them that perjury is a crime and that you look forward to seeing them in court. At least that will make you feel better. However, in general it is better in all correspondence to remain objective and un-emotive. Think what your letter will sound like if it were read out in court.

In terms of action, the small claims court is the right place as mentioned above. However, be sure that the post office deliver your notice of intent.
I am still waiting for the post office to deliver my recorded delivery notice of intent, posted first class 3 weeks ago!


Andrew