Getting my deposit back

[Sarah85]

Hi,
I am trying to get my deposit back off my former landlord and just wondering if I have any case for this?
I rented a room in a two-bed flat from sept 07 to march 08 (so 7 months) and now both me and the other girl have ended our contracts (due to the landlord selling the property). The landlord has emailed us saying that we have to pay for the wood floor to be sanded and resurfaced due to high heel marks and for the steam cleaning of one of the carpets due to staining.
Obviously I dont have a problem with paying for damage I have made but I think this damage was there before I moved in. I didnt sign an inventory when I moved in and so surely the landlord has no way of proving I have caused this damage?
Also they have said that me and the other girl who lived there are jointly responsible for the property, but she moved in over a year and a half ago, and when I moved in replacing the person who was there before, theys imply checked the bedroom, not the rest of the property,a nd they received all of their deposit. So the previous tenant could have been responsible for the damage.
Also, from viewing other posts, I dont think I was shown any tenancy deposit scheme details when I moved in. I dont have any documentation, but could the landlord simply say I was told where the deposit was being held? Or do I need to have a written copy of it?
Do I have any grounds for claiming my deposit back?
Thanks for any help

[tiglet]

Bump

[waterbottle]

You need to do some checks. Contact the 3 Tenancy Deposit Scheme administrators, in writing, to ask if the deposit was registered with them and to provide details of this.

You need to write to your LL and explain that you want your deposit back and that the damage was there when you moved in. Explain that they have 14 days or you may take them to court. Explain that you also require details of the deposit being held in a TDS scheme as this have not been provided to you at any time.

Once you've done this post here again and someone will tell you the next stage. You may well get your deposit back and you may have a good claim for 3x deposit for non compliance of TDS.

[Sarah85]

Thanks for the advice, I have written to the landlord, but am just wiating for a reply.
How do I contact the 3 TDS administrators? Do i need to get their details off the landlord?
Thanks

[waterbottle]

Who runs the tenancy deposit protection schemes? : Directgov - Tenancy Deposit

Click the above for phone numbers. Addresses require a further click. Be advised that TDS never answer the phone.

[Sarah85]

I rang all 3 of the DPS administrators today and they confirmed that my deposit wasnt registered with any of them. Two of them confirmed it over the phone and one sent me an email to confirm. They said they could only send written confirmation to the address where I had the tenancy... So Ive had confirnmation but it isnt written. Will that be ok?

I posted a letter to the landlord, and emailed a copy to them as theyd told me they might be a way for a while. The guy emailed straight back, obviously not having read my letter saying I could take them to court if I want... I havent heard anything since then (4 days) so I dont really expect to.
What do I do now?

[Planner]

Originally Posted by Sarah85

I rang all 3 of the DPS administrators today and they confirmed that my deposit wasnt registered with any of them. Two of them confirmed it over the phone and one sent me an email to confirm. They said they could only send written confirmation to the address where I had the tenancy... So Ive had confirnmation but it isnt written. Will that be ok?

I posted a letter to the landlord, and emailed a copy to them as theyd told me they might be a way for a while. The guy emailed straight back, obviously not having read my letter saying I could take them to court if I want... I havent heard anything since then (4 days) so I dont really expect to.
What do I do now?

You wouldnt want to disappoint him would you? take him to court for non-complaince with TDS regs (note the distinction from the more traditional none deposit return/unfair deductions type claim). Theres plenty of posts on here (and some suggested claim wording). There will be no requirement for you to argue the toss over damaged flooring etc, this way.

[Sarah85]

Hi again,

Tha landlord said that he was going to reply in writing when I sent a second letter explaining that I would take him to court for non compliance of TDS. He hasnt replied so I am going to start the procedure. However does anyone know how long it takes to get a court hearing? Are we talking weeks or months? Just because I have a holiday planned in 3 weeks and dont want to have to cancel it because of a court hearing

Thanks for your help

[Planner]

Dont worry we are talking months!

I would be surprirsed if the case is heard come October! It will take many months.

What you really need to do is 'worry' the landlord into giving you your deposit and the x3 back without going to court.

What you need to do is have a read at the suggested wording thread TDS Court Claims Wording - Possible Sticky? decide if your going to go with the N208 or N1 route (I still advocate N208 ) print of the form and fill it in and then send it along with a letter before action giving 7 days to respond with the promise of after the 7 days have expired you will submit it to the county court. N208 costs £150 and N1 cost will vary depending on what you arte claiming. If you dont get a response to this then you MUST submit the claim otherwise you wont get anything from him.

Get back if you need more advice.

[Ed999]

There is some information about making a TDS claim at Tenancy Deposit Scheme

Please note that - as explained in that thread - the TDS scheme gives you the option of making a claim under the scheme (using what's called Alternate Dispute Resolution or ADR) instead of going to court.


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.

[Sarah85]

Hi again
At last I have some good news!
I GOT MY DEPOSIT BACK!! After my second letter to my ex landlord detailing how much he would stand to lose by me claiming 3x the deposit he went to see his solicitor and suddenly became nice and agreed to give me back my whole deposit - funny that eh?
So thank you to everyone who posted on here giving advice!

[barella]

Originally Posted by Sarah85

Hi again
After my second letter to my ex landlord detailing how much he would stand to lose by me claiming 3x the deposit he went to see his solicitor and suddenly became nice and agreed to give me back my whole deposit

and very nice of you to not pursue your case anyway! a stint in court might have taught him a valuable lesson and you would have come out on top financially (consider the extra compensation for the stress!) but i understand like most ex tenants you probably just want what's owed to you and to draw a line under it.

I've just sent the ex LL a (final) letter before action using a template from this forum which is very good and clearly points out exactly why he basically doesnt have a leg to stand on. fingers crossed!!

this forum is bloody good, i read the daily LL/tenant posts like it was a soap opera, some of the stories are disgraceful. thanks to everyone who shares their experiences, it's very encouraging

sorry for hijacking! Sarah85 - well done for the win