Thank you. Got other things to deal with first. He's claiming all sorts against US and threatening to take us to court for it. Don't fully understand what he's claiming as his letter appears to refer to one he's sent previously, but he reckons we owe HIM £2,600! We'll see how this pans out. Have a baby due anyday so could really do without this. Worried I'll go into labour and come home from hospital to a court letter.

But without anything specifically saying that one of those payments was a deposit, can I still do this?

OK, the ex-landlord has now responded with a letter claiming all sorts of ridiculous things against us. I'm hoping we have a leg to stand on with regards to them all. One point I want to put by anyone who would care to respond is that he is claiming that we didn't pay him a deposit. Now without going into too much detail, when we moved in, we paid him 2 months in advance (as he'd required) and a month as deposit, all in cash, for which he gave one receipt for the total amount. We subsequently paid all rent and have proof, and gave the required notice to leave when the 12 months' tenancy was up. In effect we have proof that he has had 13 months money from him, and that we were only tenants at his property for 12 months, ie. one month was paid as deposit. Unfortunately we don't have anything specific stating that one months' worth was a deposit, and he didn't put it in a DPS. Yes we were naive. Do we have enough to go on that he has had a deposit from us, from which he can make any lawful deductions?

Thank you. Didn't spot that and wondered whether I could use it seeing as our tenancy has already ended. But have had a crack at it. I plan to send it to the property itself - he does not live there but is registered as residing there in the title deeds, and would hope the new tenants will forward it. But... if it's in his name, and I send it record delivery, they may not sign for it. So also plan to send a copy via recorded delivery to his father's address, which is where he resides. I haven't mentioned the detail re. the deductions that can be made, as we haven't even got that far. He's just not getting back to us at all. I would be grateful if someone (with better sense than me in all this!) could have a read and advise any changes etc. Thanks. I am writing to you concerning my tenancy of the premises at [full address] which ended on 20th January 2009. I request that you return my deposit of £595 as the premises were left clean and in good repair when the tenancy ended. Allowing for fair wear and tear, the premises were left in the same condition as they were in at the beginning of the tenancy. Despite my continuous attempts to make contact with you since we vacated the property in December 2008, and to make arrangements to return the keys to you, you have failed to cooperate or to return the deposit. You have also referred to Mr [xxxxx] as our “landlord”, however as you are the registered owner of the property, as per Land Registry Title Deeds records, and the named landlord in the Tenancy Agreement, I must insist that you uphold your responsibilities as landlord and respond accordingly. As the deposit was paid after 6 April 2007, you, the landlord, are required by law to keep the money in a separate account, and to provide the tenant with a written statement detailing (a) exactly what the deposit covers and (b) when the money will be returned. Please provide evidence that you have complied with this statutory duty. Please see the enclosed information on Tenancy Deposit Protection law introduced in April 2007. The onus is on you to prove that there are circumstances justifying the retention of any part of the deposit, and to date you have not provided any such evidence. I will be in a position to demonstrate that it is unreasonable for you to keep any part of the deposit, should you be unable to produce the requested evidence and matters proceed to court. You must remember that the deposit is my money. You must account for it properly. It is a common misconception that the deposit belongs to the landlord, but that is not the case and withholding it without proper grounds is unlawful. I require your reply to arrive no later than 14 days after the date of this letter, together with your cheque for the full £595. If I receive no satisfactory reply by then, I will begin a County Court action for recovery of my deposit without further warning. The Court can order you to pay back the deposit, and the proceedings are very straightforward. Also, the Courts are very sympathetic to tenants whose landlords do not fulfil their statutory obligations. The law states that where the landlord fails to protect the deposit in an authorised scheme, the courts can order the landlord to repay three times the deposit to the tenant. I look forward to hearing from you within 14 days. >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>

Hi. Is there anyone who can give me a starting point as to what I should write to the ex-landlord? Not really sure of where I stand in all this. Thanks.

Bump x

Thank you for your advice. I paid for the owner search and it has come up with the bloke we know as our landlord, ie. the one in the contract, not the one we pay the rent to, so why the owner is referring to this guy as our "landlord" I have no idea. Interestingly, and annoyingly, he's listed as living at the property, but presume that's no surprise. So I'm probably best sending a letter to him at the only address we have for him - his father's address. And maybe a copy to the property itself, hoping the current tenants will forward it to him? What do you think? And what sort of thing should I say in the letter? Don't want to screw it up by saying the wrong thing. Presume recorded delivery? Thanks for your help.

We rented a property privately for a year, moved out in December 08 giving appropriate written notice, all rent paid up (and have proof of all rent payments, and confirmation notice letter was received etc). When we started tenancy, landlord had his own tenancy agreement drawn up. It was lengthy war and peace style but appeared to be in order, although curiously “landlord’s address” was down as the property address. We have a handwritten receipt of the deposit of £595, however 3 months after moving out, we are yet to get our deposit back and are now struggling to contact him. Until now we were naively unaware of the TDS and so the deposit wasn’t placed in a scheme, nor that fact challenged by us. Our rent was paid to someone else, assumed to be a co-owner of the property, and since moving out, the man we knew to be our landlord, ie. the man we’ve always dealt with, has been referring to the man we paid the rent to as our landlord. He doesn’t answer our calls, has no voicemail, and when we have had responses they have been by text. He told us the “landlord’s” brother will be sending the deposit, and this supposed landlord’s brother texted to get our current address, said a letter was in the post and that’s the last contact with any of them we’ve managed to get, about 3 weeks ago. We have an address for the man we have dealt with as our “landlord” – it’s his father’s address. On several occasions he claimed he didn’t live there anymore and that he lived up north, but a conversation we overheard him having with our then neighbours one day during the tenancy confirmed he was still living with his father. Incidentally (or not), we still have the keys to the property and despite trying to make arrangements with him on several occasions to hand the keys back, he has failed to respond. We moved out in December, with still a month paid up on the tenancy. We contacted him to say we were out and when did he want to meet to get keys back, inspect property etc and he didn’t respond. Next thing we know in the new year, a new family are in the property before our paid tenancy is up (we live literally round the corner from the old property now). Tried to get in to Citizens Advice but they only have drop-in sessions. My husband struggles to get time off work in the week, as did I. I finished work for maternity leave last week however due to various problems with the pregnancy I have hospital appointments for the next 5 weeks and the clinics only run on the days the local CAB sessions are on. Tried getting in there after my appointment this week and they turned me away as they already had too many people waiting. Am in despair. My employer loaned us the deposit on the current place on the understanding they would have the deposit back on the last place when it came through. However, it’s gone on so long and I am now on maternity leave for a year, that they have said they will be taking £100/month from my maternity pay from the end of April. As anyone who has been on SMP knows, there won’t be much left after that deduction. We’re struggling anyway and the stress of all this is making me unwell. Just wondering what anyone’s view are on our rights and likelihood of getting anything back, and if so, via what route? All I can find is info on requirements for the landlord to put deposit into a TDS and what action you can take if they don’t, but that all appears to be referring to people still in a tenancy with that landlord. Thanks in advance for any help.

Got the blurb from the court today, and the blurb from Cobbetts in the post. Got the AQ and got a very long document requesting loads of info. A bit mind blowing. I know I have to respond ASAP but I have an assignment due in tomorrow and will be up all night finishing so will have to put my mind to Natwest tomorrow. Am I still in with a chance (in anyone's opinion)? Hubby is cynical and has resented me paying fees from the start as he thinks I'll lose this.

Damn & blast. Time would have been up tomorrow but just logged onto Moneyclaim and spotted that Natwest have entered a defence. I presume I'll get something in the post now. Will that be the AQ? Am scared now... ! Cez

Have received acnowledgment to my claim. The tick box next to "intend to fully defend" is ticked. Is that bad news?

Thanks. I think I'll leave a date out as I haven't a first clue when I opened the accounts and I'd rather claim the two accounts together to avoid paying 2 lots of fees. I started by sending 2x £10's for the statements and was sent them all together with one cheque returned. And sent 2 separate prelim letters but received one reply to both. So they seem to be indicating they are seeing my 2 accounts as one issue, so I'll play it like that. Presumably I am one identity on their files with however many accounts under that identity. Ta for your help. Getting quite nervous about this. Will have to wait till Tuesday to do the claim as it's payday and can't afford the fee till then! Cez

Well, have got to the stage where I have had a reply from darling Mr Higley to my LBA - standard response presumably, basically saying "still not paying up, go away". Am now going to do my moneyclaim claim and looking at the suggestion for wording for grounds for action in the library, it says that I have a contract with the bank dated xxxx - how on earth do I find that date out? Presumably this is when I first opened my account?? Not a clue - years and years ago!! And my claim is for 2 Natwest accounts in my sole name, both opened at different times. What date would I use? Anyone able to offer some guidance? I don't want to get it wrong! Thanks