Where the landlord deducts money from the deposit, or fails to return it at all, the tenant's legal rights are as follows.
Tenancy Deposit Scheme
• Deposits paid after 6th April 2007 are protected by the Tenancy Deposit Scheme, a statutory arrangement imposed by the Housing Act 2004. Details of the scheme are set out at:
http://www.consumeractiongroup.co.uk...ml#post1184266
• The Landlord must enter into a scheme. The penalties for not doing so, or not providing details of the scheme to the tenant, are severe: the landlord will be ordered to pay three times the amount of the deposit to the tenant.
Note: Deposits paid before that date are only protected by the Tenancy Deposit Scheme if the tenancy is formally renewed on or after that date, by the signing of a new tenancy agreement, not if the tenancy merely continues by default.
Deductions from the Deposit
Whether or not the deposit is protected by the Tenancy Deposit Scheme, the money nevertheless belongs to the tenant and is subject to the following rules if a dispute arises concerning it.
•
Golden Rule: If there is no initial inventory, the landlord has no grounds for withholding the deposit (unless there are rent arrears). This is because the landlord, without an inventory, is unable to prove what the state of the property was at the start of the tenancy. Therefore it is not in your best interest, as tenant, to insist on an initial inventory.
• On leaving at the end of the tenancy, take plenty of photographs of the premises (with that day's newspaper in the picture), showing their condition, in case the landlord later claims that you left the place in a dirty or damaged condition.
• The landlord is the person who owes you the deposit, not the letting agent; so if you have to go to court to recover the deposit it is the landlord you must sue.
• The first step is always to write to the landlord (not to the letting agent), using the letter below. This is called a "Letter Before Action" (LBA) and
must be sent before a court claim can be started.
How to find out the Landlord's Address
To sue for the return of your deposit, you sue the landlord.
Do not try to sue the letting agent. The landlord is liable for all acts of the agent, as the landlord is the principal, and it is the landlord with whom you have the contract.
Also, you will want to enforce any court judgement against the landlord. His biggest asset may well be the property you were renting. The letting agent might have no traceable assets, whereas the landlord is a sitting duck.
See:
http://www.consumeractiongroup.co.uk...t-how-get.html
The Landlord's Address :
• The landlord's address is normally stated in the tenancy agreement.
• As you were renting a property from the landlord, you can write to him at the property you were renting, as that is certainly his address.
• H M Land Registry will, for a fee of £3, send you a copy of the Register Entries for the property you rented, which give an address for the landlord. See
Land Register Online
• By law, the letting agent must tell you the landlord's real address, provided you request that information while you are still the tenant. The agent must give you the address within 21 days of your requesting it. But it is too late to make that request once the tenancy has ended.
• Withhold the rent. By section 48 of the Landlord and Tenant Act 1987, the landlord must give you an address in England and Wales at which you can sue him. No rent is due until he gives you that address.
• Talk to the neighbours. They will usually have a good idea of who really owns the premises.
For further information, see this link:
Landlord's Address and Contact Details - LandlordZONE The following is a Letter Before Action (LBA), which you must amend according to your situation :
Dear Sir,
I am writing to you concerning my tenancy of the premises at [address].
I request that you return my 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.
As the deposit was paid after 6 April 2007, you the landlord are required by law to keep the money in a separate account, and to provide the tenant with a written statement detailing (a) exactly what the deposit covers and (b) when the money will be returned. Please provide evidence that you have complied with this statutory duty.
The deposit must not be regarded as extra rent, to be used to improve the condition of the property.
Any amount deducted from it must be equivalent to the amount needed to replace “like with like”. For example, if the carpet was worn at the start of the tenancy, you cannot retain the amount that would pay for a brand new carpet.
You cannot deduct the replacement value of any item, even if it was brand new at the start of the tenancy, as this would be "betterment". You can only deduct from the deposit a percentage of the item's value, based on (a) its on condition at the start of the tenancy (which you must prove using the inventory from the start of the tenancy), and (b) the expected life of the item.
Nor can you make deductions from the deposit for general “wear and tear”. The tenant is only liable for damage that creates extra cost; the deposit is not there to provide a redecoration fund. You must redecorate at your own expense.
You must in any event prepare a dilapidation schedule, and you must have the relevant tradesmen give a written quotation (not an estimate) for each item of cost that you include in it.
I request that you give me receipts or invoices for work carried out, or quotations for work yet to be done.
The onus is on you to prove that there are circumstances justifying the retention of any part of the deposit, and to date you have not provided any such evidence.
I will therefore be in a position to demonstrate that it is unreasonable for you to keep any part of the deposit, should you be unable to produce the requested evidence and matters proceed to court.
You must remember that the deposit is my money. You must account for it properly. It is a common misconception that the deposit belongs to the landlord, but that is not the case and withholding it without proper grounds is unlawful.
I require your reply to arrive no later than 14 days after the date of this letter, together with your cheque for any amount not in dispute. If I receive no satisfactory reply by then, I will begin a County Court action for recovery of my deposit without further warning.
The Court can order you to pay back the deposit, and the proceedings are very straightforward. Also, the Courts are very sympathetic to tenants whose landlords do not fulfil their statutory obligations.
I look forward to hearing from you within 14 days.
Yours faithfully,
[Signed]
Note: This letter is only an example, you must modify it to meet the actual circumstances of your case. For instance, if you accept that you are responsible for some damage or cleaning that needs to be done, say so in the letter. Acting reasonably may earn you credit from the court.
To sue the landlord in the County Court for the return of the deposit -
The following statement is an example of what to put on the Claim Form as the "Particulars of Claim", but you must modify it to reflect the actual facts in your case:
" I claim the sum of £______ plus interest, being the amount of the deposit which I paid on (date) under a tenancy agreement of premises at (address of premises).
If there was a written tenancy agreement, add this :
The tenancy was an assured shorthold tenancy. It was created in writing by a tenancy agreement dated (date) made between (name and address of landlord), the landlord, and (names and addresses of tenants), the tenant. The tenancy was for a fixed term of ___ months, commencing on (date), at a rent of £____ per calendar month.
If there was a verbal tenancy, add this :
The tenancy was an assured shorthold tenancy. It was created verbally by an agreement made on (date) made between (name and address of landlord), the landlord, and (names and addresses of tenants), the tenant. The tenancy was for a fixed term of ___ months, commencing on (date), at a rent of £____ per calendar month, payable monthly.
In all cases, add this :
The tenancy was terminated on (date), by (state method of termination: e.g. 'the expiry of the fixed term', 'notice given by the landlord', 'notice given by the tenant', or 'agreement of both parties'). The tenant left the property on (date). "
Notes:
• Your immediate landlord MUST be a defendant to the claim, even if there is a reason for also suing someone else.
• The landlord will have to prove the amount of any deductions from the deposit, to a standard satisfactory to the Court. The onus will be on the landlord to prove the original inventory and any alleged damage (known as "dilapidations").
For further information about suing the landlord, see this link:
How to Start Proceedings - The Claim Form Download link (to download this form, right-click on the link, and select "Save Target As..."): Form title "Claim form" (County Court form number N1):
http://www.hmcourts-service.gov.uk/c...ms/n1_0102.pdf
Advice & opinions on this forum are offered informally, without any assumption of liability. Use your own judgment. Seek advice of a qualified and insured professional if you have any doubts.
Unfair deposit deductions 
