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sprichmal
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Posts posted by sprichmal
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Great, will be watching with interest x
So are you claiming 3 x as well?
You do know that you will be claiming for all your deposit to be returned plus x 3 compensation. The LL cant deduct from deposit if it was not protected .,
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!
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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!
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Hi there, just my quick two penneth. Did you sign a new tenancy every 6 months? I am a bit confused with "renewed periodically"
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!
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Since they haven't provided a reason for the deduction I would do the following:
1. Write a Letter Before Action to the landlord summarising the position and requesting return of deposit within 14 days.
2. Submit a claim after 14 days against the landlord. Don't think it has to be complex. "I was a tenant at property A for period B. I paid a deposit as security for damages to the landlord. When I left, it was agreed that X would be deducted to cover rent. However, despite numerous requests including a formal letter before action, the remaining money Y has not been repaid and no explanation has been given for withholding. Therefore I claim Y plus interest at 8% (I think there is a formal way of requesting the interest) plus court costs and expenses."
I am not a lawyer.
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!
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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.
How To Reclaim Pre 06/04/07 Deposit?
in Residential and Commercial lettings/Freehold issues
Posted
Just a note to say that I now have my deposit back less a couple of minor repairs which we had agreed earlier!![:D](https://www.consumeractiongroup.co.uk/uploads/emoticons/biggrin.png.5167daaf573d49627fc1ccb2696efc39.png)
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!![:D](https://www.consumeractiongroup.co.uk/uploads/emoticons/biggrin.png.5167daaf573d49627fc1ccb2696efc39.png)
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!![:D](https://www.consumeractiongroup.co.uk/uploads/emoticons/biggrin.png.5167daaf573d49627fc1ccb2696efc39.png)