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how to sue landlord on tenancy deposit protection


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I have posted on this forum before and got precious advice. I have politely mailed my landlord but he is not complying and ignoring me. Now what is the roadmap for the course of legal action I can take. Please include all the details e.g.

 

* Do I need to write him a formal "Letter Before Action" and whats the format of such a letter? How is the letter sent to the landlord? i.e. by registered mail? etc.

 

* How is this case taken into the county court? etc.

 

The deposit kept with him is £1350. Please include as many details as you can and thanks a lot in advance.

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Hi ammark!

 

Am NOT sure that U've seen the following 2 'Sticky' Threads, they will answer most of your questions that U have asked...

http://www.consumeractiongroup.co.uk/forum/tenants/117280-tenancy-deposit-scheme.html

http://www.consumeractiongroup.co.uk/forum/tenants/117572-unfair-deposit-deductions.html

 

The following Link will explain more of the actual Court process + give U an insight as to what to expect + do at each stage...

Making a Claim

 

 

...:)

The path of the righteous man is beset on all sides by the inequities of the selfish and the tyranny of evil men.

Blessed is he who in the name of charity and goodwill shepherds the weak through the valley of darkness, for he is truly his brother's keeper and the finder of lost children.

And I will strike down upon thee with great vengeance and furious anger those who attempt to poison and destroy my brothers.

And you will know my name is the Lord when I lay my vengeance upon thee.

(Jules Winnfield)

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What is the current situation - IE are you a current tenant? Or an ex-tenant?

 

With regards suing, an LBA is not a bad idea, but also it is one of the few situations here where I would say it is fairly pointless. My reasoning is because you are automatically entitled to 3 x the deposit in compensation if the deposit is not in a scheme. No landlord will pay this without being forced by the court. Therefore I would put quite a short timescale on an LBA in this case, so as not to hold things up.

 

With regards the format, there are literally millions of posts about LBAs on these forums, so I don't feel the need to go into it here.

 

I personally don't send these things recorded, but instead normal post, but from the post office in order to get a proof of sending.

 

In county court, just file a small claims proceeding, but do it for(in your case) the maximum amount possible, £5000. Although actually, I would like clarification on this(I havent been involved personally in a TDS claim yet), and you may be claiming for a "non-monetary" claim.

 

Hope this helps.

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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What is the current situation - IE are you a current tenant? Or an ex-tenant?

 

With regards suing, an LBA is not a bad idea, but also it is one of the few situations here where I would say it is fairly pointless. My reasoning is because you are automatically entitled to 3 x the deposit in compensation if the deposit is not in a scheme. No landlord will pay this without being forced by the court. Therefore I would put quite a short timescale on an LBA in this case, so as not to hold things up.

 

With regards the format, there are literally millions of posts about LBAs on these forums, so I don't feel the need to go into it here.

 

I personally don't send these things recorded, but instead normal post, but from the post office in order to get a proof of sending.

 

In county court, just file a small claims proceeding, but do it for(in your case) the maximum amount possible, £5000. Although actually, I would like clarification on this(I havent been involved personally in a TDS claim yet), and you may be claiming for a "non-monetary" claim.

 

Hope this helps.

 

Thanks a lot. I am the current tenant and living in the property. Your last paragraph is what I want to know about. What sort of claim to be filed for a deposit of £1350. Never had filed a claim in a county court, so I don't know what kinds of claims are available. Kindly let me know the details of this particular. I know classically that you make a small claim against somebody, who owes you money, however, here we are talking about TDS, so there is an element of confusion here.

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