TDS- Should I cash the cheque??

newbiejolly

I've just recieved a cheque returning my deposit plus £76 from the LL. I sent a letter similar to this as advised by terryw:2 weeks ago:

.......................................................................................

Dear Mrs I N Hiding

Letter before County Court Claim

You have refused to provide me with your personal address and I am therefore sending this letter to you at (address of old flat) as this is a business address of yours and also the address to which you require communications from the Land Registry to be sent to you. If you require me to use any other address please advise me of this. I am also sending copies of this letter to the following addresses (any known) where I believe you have other business interests.

You have not returned the deposit on (old flat) and as the money was not deposited in a protection scheme as is required by law, I am also claiming the statutory amount of three times the deposit. The total amount claimed is therefore £xxx which should be paid to me within fourteen days, failing which it is my intention to issue proceedings in the county court.

yours etc

Miss Newby

..........................................................................................................

Should I cash the cheque or will that effect me getting 3x back in court? I’m guessing I should send another letter deducting the deposit plus £76 from the total amount 3x before I take it to court?

Please help!

*EDIT* Also bare in mind that this: http://forums.moneysavingexpert.com/showthread.html?t=886039 is the state the place was in, LL didnt do any repairs, I paid for carpets, paint etc. This is why I want to take it to court.

silvercar

I thought you had to go to court to get awarded 3 x the deposit, I didn't think you could just demand it.

clutton_2

you do - why has LL sent you £76 more than your deposit ?

newbiejolly

You do have to go to court, but you're supposed to try to settle outside of court first which is why I sent the letter. I have no idea why the LL sent £76 more than the deposit. I've taken the cheque to the bank now.

clutton_2

Send the LL a receipt. If the LLs letter contains the phrase "in full and final settlement" you need to write back immediately saying that you have not accepted it in full and final settlement, but that you accept it in part payment - that is if you plan to pursue this 3xdeposit business

However, i doubt very much if the court will understand why you are trying to get the deposit out of the landlord when this is the courts' job to rule as to whether the LL has broken the law or not.

if you want this 3xdep - you will have to go to moneyclaim on line and take him to court

newbiejolly

Thanks clutton. I've been advised by a few people and read up online about trying to settle out of court first. The LL didnt protect the deposit and refused to give it me back until I sent that letter. I dont know enough about it tbh (the only reason im going for 3x is because the LL treated me so badly, not just for the sake of getting the money), so I guess I'll take your advice and do it via moneyclaim.

newbiejolly

Also, the letter the LL sent didnt contain "in full and final settlement" it was just a scrap/torn paper saying "deposit for (old address)"

clutton_2

send him a receipt anyway

i suggest you read the https://www.landlordzone.co.uk forum - there are some most useful threads on their about tenants who have, and tenants who have not, won their cases. is not as clear cut as some make it sound.

prudryden

clutton wrote: »

send him a receipt anyway

i suggest you read the www.landlordzone.co.uk forum - there are some most useful threads on their about tenants who have, and tenants who have not, won their cases. is not as clear cut as some make it sound.

Surprise, evidently there is a recent case where Judge Allen in Brentford County Court ruled against the tenant because the deposit was paid pre Apr 2007 even though a new AST was signed post Apr 2007. He reasoned that there was no new deposit paid.

silvercar

prudryden wrote: »

Surprise, evidently there is a recent case where Judge Allen in Brentford County Court ruled against the tenant because the deposit was paid pre Apr 2007 even though a new AST was signed post Apr 2007. He reasoned that there was no new deposit paid.

Which contradicts the schemes guidelines.

Just goes to show that you can never guarantee winning in court.

prudryden

silvercar wrote: »

Which contradicts the schemes guidelines.

Just goes to show that you can never guarantee winning in court.

I think this Judge actually must have read the Act especially 213 (1).

Case was Claim #8BF00369 Butcher vs Sharan Properties LTD, dated 18 April 2008, if the info I received is true.