How To Reclaim Pre 06/04/07 Deposit?

[sprichmal]

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.

Edited March 24, 2009 by sprichmal

[Steve__M]

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.

[help me kick his butt]

Hi there, just my quick two penneth. Did you sign a new tenancy every 6 months? I am a bit confused with "renewed periodically"

[sprichmal]

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!

Edited March 13, 2009 by sprichmal

[sprichmal]

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!

[help me kick his butt]

Well in that case, surely you are intitled to the 3 x fine as the deposit should have been protected on renewal of the tenancy.

Edited March 13, 2009 by help me kick his butt

[help me kick his butt]

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 worded it like this.

Initial deposit x 0.00022 = A

A x the amount of days deposit is late = total

X

[help me kick his butt]

Delete

Edited March 15, 2009 by help me kick his butt

[sprichmal]

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!

Edited March 24, 2009 by sprichmal

[help me kick his butt]

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 .,

[sprichmal]

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!

[sprichmal]

Just a note to say that I now have my deposit back less a couple of minor repairs which we had agreed earlier!

 

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!

 

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!

[Planner]

TDS Court Claims Wording - Possible Sticky?

 

I agree it should be!

 

Sorry I never commented on your thread seemed to have slipped through the cracks!.

 

Glad you got your deposit back and thanks for providing an update on your progress.