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I think I will sue my ex letting agents


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Hello all. Having a quick flick through this forum, I think I have enough to proceed for compo, however a second opinion would be appreciated.

 

In December 2007, I put down a £400.00 holding deposit on a flat, through a letting agent. In January 2008 (the 15th to be precise) I paid the remainder of the deposit, £537.50 plus the first month and moved in.

 

On the 29th January (15 days into tennancy), I sent an email to the Letting Agents, informing them that I had received no written confirmation of my deposit being safeguarded within a TDS. as i understand it the 14 day notification period starts from the date that any form of deposit is placed. I received an email a few days later, informing me that the deposit was safeguarded and that was it.

I replied to say that was unacceptable and that I required details, in writing confirming the TDS details. I then received another email a few days later with the TDS details. i had already confirmed the TDS details by phoning the different sceme administrators and asking.

 

Happy that my deposit was safe, I left it at that.

 

Now then, having just moved into a new property, I am faced with £540.00 deductions due to a rather expensive "cleaner" who had to come on a number of different occasions.

Needing any money I can get my hands on I just accepted as I have to eat at least once between now and the next payday.

 

This blatant taking the **** has somewhat urged me to now go at them with everything I have and make them face the consequences for not following simple guidelines.

 

Now from the sticky, I understand they are guilty of the following :

 

b) Landlord has supplied details, but not in the prescribed format

d) Landlord has placed the deposit in a scheme, has supplied the information, but not within the required 14 day timescale

 

Now if I present this complaint am I likely to succeed or will I fall flat on my face.

 

Thanks

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If the landlord or agent has protected the deposit, albeit late, then you can't claim the 3x deposit. I can't remember the actual case but I remember reading it. So long as the deposit is protected by the time the case comes to Court then any action for claiming 3x will be thrown out.

 

I'd be very unsure about getting success based on the information not being supplied in the prescribed format. I imagine the judge would take the view that as the deposit has been protected there's no case to answer - but this is only my supposition.

 

Perhaps you'd be better off concentrating your efforts at the deductions from your deposit - unless youve accepted the deductions by banking the cheque?

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I agree with pcas on this 100%.

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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