Help please! Advice needed

hootcube · 5th July 2008, 19:24

I moved into my current property in June 07 paying a £600 deposit. I am moving out at end of this month. Ive just recently realised that the landlord has never placed my deposit in a scheme. What should i do? I cant afford to potentially not get my deposit back.(the flat is in good state still..no damage other than perhaps normal wear and tear)

Thanks

MrShed · 5th July 2008, 19:35

If he doesnt return the deposit, take him to court for a guaranteed victory.

hootcube · 5th July 2008, 19:43

Thanks for response. Looking at a below thread it doesnt seem it is always a guranteed victory? By the time it got to court i would have moved out of the property. Does this make a huge difference?

MrShed · 5th July 2008, 19:53

It depends.

If you are claiming the 3 x deposit compo, not "guaranteed" but only because there is no case we can refer to yet(the thread below we believe was a legal error on the part of the judge).

If you are just claiming your deposit back, there is no defence whatsoever.

hootcube · 6th July 2008, 11:19

Thanks for that.
Im only concerned about getting back my full deposit when i leave. No desire to take 3x amount from him. I guess i should be fine then.

hootcube · 11th August 2008, 14:56

ok ive now moved out. Just talked to landlord and he is saying that he cant give full deposit back due to cleaning needing doing etc. Just typical rubbish from dodgy landlords basically. So i guess i start proceedings?
From what i gather (im new to all this area as you may have guessed!) i can just use mcol?? to start claim? Any idea how long it will take to sort out using this method?
Any help/advice always appreciated!

Thanks
Hootube

MrShed · 11th August 2008, 15:23

When did you move out?

hootcube · 11th August 2008, 18:45

Quote:

Originally Posted by MrShed

When did you move out?

moved out 28th July. So been nearly two weeks now.

MrShed · 11th August 2008, 18:47

You need to send an LBA first, demanding the return of the deposit within 14 days or you will pursue legal action.

hootcube · 11th August 2008, 18:48

Thanks for advice.
Is there a template i should use or shall i just word it myself?

hootcube · 26th August 2008, 21:13

ok i sent a letter before action. He has now sent me 450 pounds. However the deposit was £600. He is stating that the house was dirty when i left (it wasnt but i never took any photos as i should have done) therefore he says he wont give me the £150. If i took him to court will i definatley get my £150 even if he claims the house was dirty. Im assuming that i am taking him to court because he didnt protect my deposit in the first place so i should be covered? Any advice appreciated as always

MrShed · 26th August 2008, 21:26

It is always best to have multiple "prongs" to your claim. So therefore, I would be claiming on both fronts:
- That the deposit was never protected
- That the damages claimed are non proven

One or the other should come through

Also claim for 3x deposit compensation...

CAG Products - We think that these will help you to make your claim or Reclaim your Right These sales also help us to keep helping YOU and keeps this site free of third party adverts!

Small Claims Kit	Small Claims Court Guide New Edition	CallBurner - Skype CallRecorder Review	Last Will & Testament Kit	Fight a Motoring Ticket

Alternatively you could purchase a CAG email address here, or maybe you'd prefer our address labels here
UPDATE: Consumer Forums ConsumerWiki is now LIVE - click here: ConsumerWiki N.B. Please note - due to postage costs these products are only available in the U.K.