Deposit

[minniemouse_81]

Hi

Any advice on how to get a deposit back from a Landlord who I subletted from. We didnt have a written contract and I didnt get a reciept for my deposit, which is the first time I have ever done that. I moved in a hurry.

I moved out in mid october and have since been trying to get my deposit back which we agreed he would do. I have tried calling him countless times and emailed him on several occasions to find out what is happening with it and if there is any progress and all I seem to get are "I will sort it out", or he has "been away" or "there is a problem at the bank". I had got really fed up and I sent him an email saying that I didnt really want to do this but would have to take legal action if the deposit wasnt returned. I also said that it if was an issue that he didnt have the money and would like to pay in installments then that was ok. I asked him to please give me a call or at least reply to email so that we could come to some kind of arrangement and resolve this amicably. I did this over a week ago and I still havent heard anything.

What should I do next? Am I just wasting my time trying to get it back or should I just walk away from this?

[Joa]

If you want him to refund you the money, it will be you who will need to prove in court that he owes you anything.
Normally, it is the landlord's duty to justify withholding of all or part of your deposit. This is because it is clear from the tenancy agremeent or invoice or receipt that the deposit has been in fact paid by the tenant to the landlord.
You don't seem to have much in a way of such evidence. Therefore unless you can provide other kind of evidence (witness, bank transfer, copy of a cheque from the bank)- the chances of court action being sucessful are very slim.

[minniemouse_81]

I did a bank transfer which included the first months rent and the deposit, will that do? Surely if I submit a copy of the statement that will be enough.

[Planner]

That would be enough.

I would stop communicating via email and start getting some written letters off.

I would skip the first stage politley asking for your deposit back and write the next letter, stating that you would like the depsoit returning by XX/12/07 (give 14 days) or a list of intended deductions along with recipts.

After 14 days if no luck, then you do a Letter Before Action (LBA). Clearly mark it Letter Before Action in big and bold at the top, and ask for the return of the full depsoit. You should fill out the N1 county court claim form and include it with this letter so that he can see you mean business.

If still nothing within 14 days of the LBA then its off to court.

[minniemouse_81]

Can you offer any guidance on wording for the letter?

[Planner]

Letter 1 something like;

YOUR NAME AND ADDRESS

Tel

DATE

RE: Return of £XX Deposit for FULL ADDRESS

Dear LL NAME

I am again writing to remind you that the XX days stipulated in the tenancy agreement (ignore if nothing in AST about it) for the return of the £XXX deposit has now expired, and I have received neither the £XXX or a list of deductions and receipts from you of the amount you are intending to take from the deposit.

I would therefore like the return of the £Amount by Date, or it is my intention to take the matter to the County Court.

I look forward to your response

Yours Sincerely


Name
Date

And for your LBA;

YOUR NAME AND ADDRESS

Tel

DATE

LANDLORDS ADDRESS


LETTER BEFORE ACTION


LANDLORDS NAME

On the DATE, I returned ADDRESS to you after completion of the tenancy agreement. In this tenancy agreement it was stated that you would return the deposit to me within XX days (Ignore if not in AST). This period has now long expired and despite the previous letter and emails I have written to you on the INSERT DATES (copies included) I have yet to receive either the £XX deposit or receipts for work.

If I do not receive the £XXX deposit from you by DATE then you have left me with no alternative but to pursue this amount plus costs through the County Court. I have included a copy of form N1 for your reference, which I intend to submit should I fail to receive the £XXX by the DATE without further notification.

I look forward to the prompt return of my deposit.

Yours Sincerely

NAME
DATE

[Ed999]

Read this thread: http://www.consumeractiongroup.co.uk...eductions.html

Your problem is essentially just a variation on the theme of unfair deposit deductions, of which we have heard so much in this forum lately.

[minniemouse_81]

thanks for your help with the letter. i really appreciate it. I have sent the letter off today giving him 14 days to provide me with a list of deductions from the deposit or the actual deposit and I did it registered post. Fingers crossed he just gives the deposit back like he said.

If I have to take it to court, can I use the email that he sent saying that he would sort out the return of the deposit as evidence?

[Ed999]

You can always try; but it isn't clear whether e-mails are acceptable as evidence in a court case.

If they are, his e-mail might amount to an admission of liability to make the repayment, depending on what it actually says.

If you have a bank statement showing the payment you should keep it safe and produce the original statement in court.

Make sure you read this thread before taking any further step: http://www.consumeractiongroup.co.uk...eductions.html



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.

[minniemouse_81]

Well I havent received a response yet to my other letter requesting payment within 14 days so I have sent off a Letter before legal action including an N1 form saying that I intend to lodge this form with the courts within 14 days again.

I also sent him an email with the letter attached saying that I was sorry that it had come to this but he had left me with no other choice. I also said that if he wants to contact me to discuss it further and make arrangements for payment in installments he can.

I doubt very much that he will respond to this and will only ignore it. But fingers crossed!!!