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sprichmal

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  1. Just a note to say that I now have my deposit back less a couple of minor repairs which we had agreed earlier! The Letter Before Action combined with a copy of a completed N208 did the trick. I sent the letter last Monday (8 days ago) and got the cheque last Thursday which cleared today. The agent had just been sloppy with the admin which I thought was the case and the landlord (who lives overseas) thought everything had been settled earlier. He gave the agent a good rollocking and the cheque came the next day! Many thanks for all the advice - I'd just like to add for future claimants of pre 06/04/07 deposits who might have problems finding info on this wonderful but "organic" forum: 1) Ignore the first sticky thread which says you aren't covered by the Act if you renew your AST after 06/04/07. You are covered and that's based on legal advice I got from a civil litigation solicitor before I sent my "pack" off (fortunately he is a neighbour - so free advice ). He has pointed out that this is now clearly stated on the relevant Govt website.. Treatment of deposits at the end of the tenancy - Housing - Communities and Local Government The relevant bit is.. What happens if the tenant has a tenancy agreement that was taken out before 6 April 2007 but he continues occupying the property after the end of that tenancy? 2) The wording I used for the N208 claim form was difficult to find. I eventually found it on a thread buried deep in this forum and I'm staggered it's not a sticky thread - perhaps the forum admins should get rid of the first sticky and replace it with this one? http://www.consumeractiongroup.co.uk/forum/residential-commercial-lettings/126261-tds-court-claims-wording.html The wording I used is from post #10 by Ed999.The wording was checked by my banana neighbour and he thought it was fine. Cheers - and all the best to everyone else chasing deposits!
  2. Yes, claiming for deposit plus 3xpenalty. I wasn't aware that LL couldn't deduct if not protected - thanks for that - I'll amend my letter slightly. Do you know which clause of the act refers to this so I can quote it in the letter? Thanks again for your help!
  3. Thanks for all advice - help me kick his butt. Letter Before Action together with copy of N208 will go off by recorded delivery tomorrow. Initial confusion as to whether I could claim the 3x penalty or not was caused by some dodgy forum opinions in the first sticky thread which I now know not to be correct. A neighbour is a solicitor and will give free advice if it goes to court just to make sure I have everything in order. I'll update everyone on the outcome when the time comes. Cheers!
  4. Yes, I signed a new tenancy every time. One period actually lasted 8 months (due to intended move) which is why I said periodically rather than 6 months. Cheers!
  5. Thanks. Will send it off today. I did a bit more research on this site and found the same advice. I will also attach a copy of a filled out claims form. Cheers!
  6. Hi I have read the sticky posts above and understand that since I entered into an original tenancy pre 06/04/07 the new legislation doesn't apply. [EDIT - I have since found out that the first sticky thread is wrong. Any AST renewed after 06/04/07 is covered - See post #12 of this thread] I need advice on how to reclaim my deposit as neither the LA or LL are answering my correspondence. Here are my circumstances: Signed a 6 month tenancy and paid a deposit of £850 on 15/02/07 and renewed periodically with a final six months ending on 15/10/08. I gave notice in Oct 08 and was due to move in Nov 08 but moved early on 23/10/08 to allow new tenants to move in who needed to move quickly. We agreed that the final 8 days rent would come out of the deposit. The agreement does state that deposits are held with the DPS but DPS confirm they do not hold the deposit. I have repeatedly asked (verbally and in writing) for a list of deposit deductions (if any) and nothing has been forthcoming. The agreement says that the deposit must be repaid 10 days after agreement of deductions. Nealry 5 months have gone by and I now want to take action. How do I reclaim my deposit throught he courts? Does anyone have a standard template for doing so? And do I sue the LL or the LA or both?! Thanks in advance for your advice.
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