deposit being held onto. PLEASE HELP!!!

[ChrisBlyth]

Hi all,

me and my ex moved out of a flat we where renting on 20/09/07.
We left the flat in perfect condition (some general wear and tear) and always paid rent on time.

We moved out on the Wednesday and the following week (after the new tenants had moved in!!!) my ex received a text message from them saying that the cooker instructions and key to patio door where missing!!

Firstly, am i right in thinking that as this wasnt brought up after we had moved and before the new people moved in then the responsibility isnt ours??? (both items where in the inventory but certainly not lossed by us)

Also..........even if the responsibility is ours then surely all the landlord needed to do was pay back the deposit minus the charges for these 2 items which I would then choose to dispute or not

I spoke to the landlord (over text so had in writing) and he said the hold up was for these 2 items, my reply was that witholding the deposit because of this was unacceptable and if i dont receive a cheque in the post within 7 days i will persue options for the recovery.

7 days gone and nothing so today i have sent a letter (using templates on here) saying it is totally unacceptable and i will persue court action.

what does everyone else thing? if it goes that far will i win?? to me i cant see that they have a leg to stand on. they are witholding onto 600quid of my money because of some oven instructions and a key that wasnt reported missing untill the new people moved in.

advise, tips etc would be appreicated!!!

[tiglet]

Is your landlord covered under the deposit insurance scheme?

[ChrisBlyth]

he is not no

[tiglet]

NALS - The National Approved Letting Scheme

Tenancy Deposit Protection - Housing - Communities and Local Government

Have a look at these links - they provide good info on whether your deposit has been covered or not.

Depending on when you took up your tenancy, you may be able to go through the courts to recover your money. have a look, see if it applies and post back.

[ChrisBlyth]

the tenancy was taken up at the start of the year so looks like the court option is only one available to me??

[tiglet]

It might be an idea to give NALS a call and check the landlord is not registered.

If not then yes, i'm afraid court is the only option - however, you would be recllaiming 3 times the original deposit back because the landlord is not a member of the scheme.

[Planner]

Originally Posted by tiglet

Depending on when you took up your tenancy, you may be able to go through the courts to recover your money. have a look, see if it applies and post back.

???? Doesnt matter when your tenancy was signed...... YOU CAN ALWAYS use the courts for deposit recovery. I assume what tiglet meant was the way you persue the amount through the court will be different.

1) - If your AST was signed on or before 6th April 2007 then the deposit should have been registered in a TDS scheme and the tenant given certain information within 14 days of the LL/Agents recieveing the deposit. Is this the case?.... if so and its not been protected then you will be taking the LL/Agents to court for the original deposit + x3 the depsoit as a "fine" for the LL/Agent not doing what they where supposed to.

2) You signed the AST before 6th APril 2007. If this is the case then there are various threads on here for none return of deposits. Usual practice is 1st letter given 14 days for its return or a breakdown of intended deductions/recipts. A 2nd letter threatening court action given a further 7/14 days for the above. A final LETTER BEFORE ACTION given a further 7/14 days for return of deposit (send this one with the filled in N1 county court claim form). If still no/unsatisfactory response then you submitt the matter to court.

[tiglet]

ah - someone with more knowledge of the ins and outs - thanks Planner!

[ChrisBlyth]

thanks for all your help

we where provided with an AST which was signed and returned january 21st.
this has now mention of a TDS and we where certainly not contacting once everything was signed off

the actually property was advertised through a letting agent but the contract was directly with LL

[Planner]

Follow the steps outlined in 2) of my previous post - two letters then LETTER BEFORE ACTION and the N1 county court claim form and then county court. I would send the letters to both the agents and the landlord to get the ball rolling.