Ex-landlord and unreturned deposit

[Butterbean]

Sticky problem. I need some advice on my next best course of action.

My ex-landlord owes me £606.66 deposit. At the time he said that repayment of the deposit depended on the final bills being paid and seeing copies. When I left the property I was very ill and due to go into hospital (which was the reason I was moving, because my income was going to plummet and I wouldn't have been able to afford the rent so thought it best to find cheaper accommodation) and couldn't climb the ladder to get a final reading. Despite repeated attempts to ask him for a final gas meter reading he wouldn't reply to any of my messages or letters. I could get no joy from the gas company either, and they were unable to help.

To cut a long story short I'm trying to get back on my feet now, sort out my finances and get this matter dealt with. I've tried a very polite letter sent by registered post (which didn't get delivered according to the RM tracker) and have faxed him a copy this morning at his request but he says he is now going to be away for 10 days. He had said he would read the letter and then get back to me today but - nope. nothing.

What's my best course of action? Wait for the 10 days and then hand deliver another polite letter to him with a timeframe? His registered address appears to be that of his accountants, although he manages a pub fairly locally. I don't have his home address.

As far as I can see the matter of the gas bill is neither here nor there, as from what I have gathered here on this site he would not be responsible for the charges anyway, especially if he used a copy of the tenancy agreement to show that the responsibility for bills was the tenant's. I left the flat absolutely spick and span as I found and paid for the services of a good cleaner who scrubbed the place from top to bottom. There is no reason for him to withhold the deposit.

I don't want the matter to get nasty, but I'm determined not to be fobbed off yet again. (See what this site does?? It fires up courage in wimps like me! ) How do I step this up to show him that I still want this to be amicable but that I mean business?

(This site gets 5% if he coughs up!)

[Butterbean]

Just realised what I should be doing, having had another compare and contrast in the forum. (It sinks into my fick brain eventually ) Send a letter to him at the pub and copy it to his accountants at his company's publicly registered address, saying that now I've sent him a copy of my original letter I hope he 'll be able to refund the deposit within the next three weeks otherwise regretfully I will have to charge interest from that date and refer the matter on. Not going to bother phoning any more.

Hope that sounds about right.

[Nightmare4banks]

Hi all!

Butterbean,in my view:

1.Give your ex-landlord landlord say 1 month maximum to "cough up" and if there is no response SUE! It is as simple as that!

2.Please following the previous posts under different threads within the Landlord & Tenant section of this forum that should assist you in dealing with the whole process from the LETTER BEFORE ACTION until you hopefully you receive a full refund.

I am very pleased that you are "FIRED UP" because there is no reason whatsoever why you should accept any bulls**t from a landlord or a rip off bank!

So go for it!

Anyway,I hope you find this information/suggestions useful.

If you have any specific questions,just ask.

Keep us posted.

All the best!

[Butterbean]

Nightmare, thank you for the advice. I shall hand deliver the two letters.

My feeling is that he will just leave it to the very last minute to do anything, but you're quite right - why should I, or any other tenant, be given the runaround.

Thank you

[Butterbean]

Back again!

I know it will sound barking mad, but due to some rather difficult life situations since June I didn't get around to sorting this mess out. I did speak to him then but he said he was going away for a couple of weeks .. and then everything else took over and I let it slip. (Smacks own wrist)

However I am back on track and am going to nail that ahem basket for my deposit.

I still don't have a permanent mailing address for him but managed to get a hotmail addy for him from a guy who now runs the pub he was managing.

Sent off a very polite but firm email yesterday, setting out the problem, explaining that I had been more than patient, but saying that I now expected him to pay this money back by close of business in 14 days' time i.e. 10th November 2006. Reply came back today from someone called Jenny (could be him of course!! haha) saying he was away on a 'charity event' and wouldn't be back until 10th November, and giving another business address (nothing to do with his old property company).

I'm itching now to send the LBA, but do you think it's wise to leave this until 10th November, or should I email back, issuing the LBA and saying that as he is 'away' (ahem) until 10th November I have extended the period of repayment until the Tuesday following (14th November) ?

Whether I wait til November or send it now, I will send copies of the LBA to the pub he occasionally goes back to oversee, his accountants (see previous post) and the new business address I've been given.

What worries me is whether the courts would still find him liable for repaying the deposit, seeing that he apparently has another business, although that's not to say he's not still connected with the old one. I wouldn't like to start court proceedings and then find it falls because he's no longer liable. (I'm sure he must be though. Isn't he??)

I'd be grateful for any thoughts. Thank you

[callumsgran]

I would check that his new business is viable then send your lba, i think he's had long enough to respond dont you? he's giving you the runaround big stylee!!

[Butterbean]

Thank you Cillitbanger In fact I spent quite some time trawling through various directories to see if I could find this 'business' listed - guess what. Nada. Zilch. Not a sossidge.

I'm going to send the LBA to his previous company's registered address (his accountants), the pub he manages, and to this 'address' of this 'company', plus email him a copy. There is absolutely no way he can't see the letter after that. I'm also going to buy myself those books on site re the small claims, as I'm determined to get this money back. It's not as if he's skint (although that would be no defence since it wasn't his money to play with in the first place .. grr!), as he has his fingers in a lot of property development pies and is a ducker and diver. That's why he's going to be so hard to pin down to serve any court letters - that's the only thing that worries me.

Anyway - off to draft the LBA and shove all the letters in the post TERMORRER! (or rather, today!)

[Butterbean]

OK - here's what I'm going to say. Many, many thanks to all who have drafted previous LBA's re deposits - I've nipped and tucked and adapted them to this particular situation:

Dear Mr X (evil grin )

I am writing to you with regard to the deposit I paid, in the sum of £606.66, at the start of my tenancy of XXXXX. On many occasions since my vacation of the premises I have requested the return of this deposit from you as the landlord of that flat but as yet you have not repaid this sum or shown any intention to do so.
A deposit should not be regarded by a landlord as an extra payment to be returned reluctantly, and as it is the tenant’s money it has to be accounted for properly. The deposit that I paid does not belong to you and your withholding of it without proper validation is illegal.

Bearing this in mind I expect this money to be repaid into my bank account, the details of which I sent in my email to you of 27th October 2006 and which I have given again below. If you do not repay this money by close of business on Friday 10th November I shall have no alternative but to instigate court action.The court can then order you to pay the deposit back and the proceedings are very straightforward. I would also advise you that any delay in the repayment once court action has been instigated will incur interest on the sum due at a rate of 8%.

I would sincerely advise you to repay this money before I take further steps to recover it. The courts are very sympathetic to tenants whose landlords do not follow good practice guidelines and who do not fulfil statutory requirements regarding issues of deposits.

I look forward to hearing from you on or before Friday 10th November 2006.


[Insert details of bank account]

Yours etc

There's no excuse for him to say that he was 'away' until 10th November and didn't receive the letter - as I'll be sending it to his accountants as well as the other two addresses I now have. His accountant no doubt has his mobile number and can contact him urgently - if the ex-landlord is actually away ... I doubt it, don't you. Probably out swilling beer tonight and thinking I'm a softie. (well OK I am, but .. that's not the point hehe)

Thanks again for everyone's help. I really appreciate it. Incidentally - I just tried to buy the books on site but a message came up saying the site couldn't accept purchases - is this a blip do you think?

Oh, and one more thing - this 8% interest I'm going to slap on him. Is this compound interest? And is it charged at a daily rate? 8% interest on the basic amount is £48.54 and it's going to rocket up if he doesn't cough up ... !!