Letting agents do not give back a deposit. help?

[verneers]

Hello again... I'm sorry, if these are stupid questions I ask...and I'm also sorry if they've been asked for million times in this forum.

 

It's just I'd like to do this thing right, and this would be the only place where to do that. I could get the solicitor, but..I'm afraid it would cost me my kidney, and I kinda like that thingy in my body..

 

Thank you for all who have answered and given some advice!

 

v

[help me kick his butt]

Hi Verneers, I would use Planners suggested wording, just change it where applicable. If not enough room on the form, use a spare piece of paper, make sure you number the pages and put your name at the top of each page,as you wont have a case number yet. Good Luck, Im not an expert but I am going through the same process as you. You can find most the information you need on the stickies.

Good Luck x

[verneers]

hey help me kick his butt! Thank you!

 

I am thinking about using N208 form instead of N1..as I understand, then the N208 deals with not putting the deposit in to the TDS...not sure am I right about this... anyway, I'm also thinking to put text from the sticky that Planner started... This would be the text:

 

'' The Claimant claims under section 214(1)(a) of the Housing Act 2004 that the deposit of £ 680 required by the tenancy agreement dated 15.09.07-31.05.08 in respect of the premises at [address] made between the Claimant and the Defendant was not paid into an appropriate tenancy deposit scheme (in breach of section 213(1) of the Housing Act 2004), or that the Claimant did not receive the prescribed information concerning which Tenancy Deposit Scheme was holding the deposit within 14 days of the Defendant's receipt of the deposit (in breach of section 213(3) of the Housing Act 2004).

 

And the Claimant asks that the court make an order:

 

1. That the person who appears to the court to be holding the deposit do repay it to the Claimant, in accordance with section 214(3) of the Housing Act 2004.

 

2. That the Defendant do pay to the Claimant, within 14 days of the making of the order, a sum of money equal to three times the amount of the deposit, in accordance with section 214(4) of the Housing Act 2004.

 

3. The Claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year, from [date deposit should have been returned] to [date court claim submitted] of £______ [worked out using the court's interest rate calculator on their website], and interest at the same rate up to the date of judgment or earlier payment at a daily rate of £_______ [worked out using the court's interest rate calculator on their website].

 

The Claimant is therefore seeking payment of £______ [four times the amount of the Deposit], plus the court fee and interest.''

 

Would this be the right one to use?

 

thank you!!

 

v

[verneers]

hello!

 

Could anyone help me out with this...I'm trying to fill out the N208 form using the text from the post above. Now I'm not sure how to figure out the interest rate. i visited the court page where it clearly states how to do it.

 

0.00022 x 640 = 0.1408

 

0.1408 x 130 = 18.304

so the interest would be 18 pounds.

 

But what does this mean:

 

..and interest at the same rate up to the date of judgment or earlier payment at a daily rate of £_______[worked out using the court's interest rate calculator on their website]...

 

?

 

Thank you!!

v

[help me kick his butt]

Yes £18.30 is correct if 130 days has passed since your deposit should have been returned.

The daily rate for each day would be £0.14, hope this helps

[verneers]

Thanks!

Edited October 23, 2008 by verneers

[verneers]

Good day!

 

I guess i would need a piece of advice again...

 

..I filled out the part8 claim form and went to the court on 03rd of november. on 2nd of december I received letter from court saying that the process has started and that the defendant has to reply until 18th of december...

 

Now today I received a letter from the LA (the letter was sent to the court too), which said:

 

''To put this matter behind us, we have sent a cheque for xxx pounds, being the bond for the property. We released this as a measure of good faith...

 

...with regards to the Tenancy Deposit Scheme, we are unsure why this was not registered, but assume this was due to a member of staff who is no linger in our employment. This has been discussed with the landlord of the property...''

 

..So they sent the bond money and I'm not sure what to do, because I was going to court because the bond wasn't protected with the TDS.

 

Is there a possibility for me to continune the claim?? (without touching the cheque..)

 

Thank you!!! You have helped a lot!

 

v.

[help me kick his butt]

Absolutely continue with the claim. You are suing for Non compliance of TDS not just the return of your deposit. Your LL broke the law when he did not protect your deposit.

Do make sure that the letter that came with the cheque does not say in full and final settlement.

I have been told it makes no difference if you cash the cheque or not, but please do check before you bank it.

The fact that the deposit was not protected due to someone else's error is not your problem.

If I were you I would write to the court and tell them that you still wish to persue the claim.

Best of luck and keep us posted x

[Floppo]

I'm sure I read on another thread that you can only demand the address of the landlord from the LA if you are still a tenant of the property. Once you have left you can't make the demand??

(Correct me if I'm wrong.....)

The name and address of the LL should have been on the contract (at least a postcode) and if it wasn't then it may be invalid. Not sure that helps you now....

[help me kick his butt]

I'm sure I read on another thread that you can only demand the address of the landlord from the LA if you are still a tenant of the property. Once you have left you can't make the demand??

(Correct me if I'm wrong.....)

The name and address of the LL should have been on the contract (at least a postcode) and if it wasn't then it may be invalid. Not sure that helps you now....

 

 

Hi Floppo, I fail to see the relevance of this at this point on this thread, am I missing something ?

[callumsgran]

Hi Floppo, I fail to see the relevance of this at this point on this thread, am I missing something ?

Lmao i thought the same when i read this earlier

 

I dont think its at all relevant :?

[help me kick his butt]

I'm glad its not just me, I was a bit confused.com x Happy New Years CG x