Deposit not protected

[vst]

My case:

 

Tenancy started in Feb 2007 paid deposit of £1400

( I know TDS came in April 2007 so LL not oblized to put deposit in TDS)

 

New AST signed in June 2008 with new rent and new six month's contract.

But this time the LL didn't protect the original deposit I paid him.

 

Now I have left the property last month and awaiting the return of the deposit. I adjusted around £580 towards the last month rent with consent of LL. Still he owes me around £820.

 

Reason for withholding deposit:

 

We had an roach infestation in our building ( not in my apartment alone but other apartments also) and the managment company id now dealing with the issue. Landlord is insisting that I should pay the charges to managment company to which I said no. I guess the disputed amount is around £300

 

I am planning to send a letter before action to him for non complaince of TDS.

 

Now my queries are :

 

Where do I stand?

Is it mandatory to send a letter before action to LL? Where can I find the format for the same?

If the LL returns the deposit after receiving the letter should i still persue with the case?

I guess I should use N208 route for my case? Is it correct?

Edited April 29, 2009 by vst

[vst]

Please let me know what is the format of letter before action.

Any help on this will be appreciated.

[Sali]

There is a sticky which explains what to do if the LL did not protect the deposit.

 

Normally a cockroach infestation would be the tenant's responsibility. However, as the whole building was infected, and presumably the source was outside of your control, your LL would normally shoulder all of the responsibility.

 

Did you have to pay the management fees separate to your rent?

 

It sounds as though you have the LL on his failure to secure your deposit anyway. Write to him in the first instance letting him know that you intend to involve the courts unless he returns ALL of your money. If I got my deposit back, I'd leave it at that and not waste anymore time, money and energy.

 

One thing, I'm not sure whether cockroach infestations in rental properties have to be reported by default to the environmental health. I think it differs between councils/regions. It's something I'd like to know as a prospective tenant.

[vst]

Today I received a cheque for £300 from my LL with deductions to the tune of £500 which is simply illogical provided the fact the fact that during handover they said everything is ok and in place.

Apart from cockroach issue he is deducting some money for kitchen issues which were caused due to dampness.

The managment company told the LL that the exhaust is not proerty fitted causing the dampness.

 

I am going to send a letter before soon to him. Please advice.

[Sali]

Your LL was legally obliged to protect your deposit. Write to your him recorded delivery stating that he has broken the law and that you will be involving the courts unless he returns all of your deposit within 14 days. If it goes to court, he will almost certainly lose (assuming you are not in Scotland like a previous post) and his costs will be high.

 

It would be good that you could get confirmation that the cockroach infestation did not originate in your apartment to show to the LL/judge if necessary.

 

It is interesting about the check-out where you were told there were no problems, but are being charged subsequently. I wonder what advice others can give on how a tenant should cover themselves for such an event.

[Planner]

Okay you have two options;

 

1) You can sue for the £500 that has been witheld

 

or

 

2) You can so for the £500 that has been witheld + x3 the original deposit amount as compensation.

 

If you take 1) the route is relativly straight forward. You write a LBA listing the deductions and why you agree/disagree with them and giving 14 days for the return of the balance or you will submit the N1 claim form that is attached to couty court. Print off and fill in the N1 claim form and send along with the LBA to show you mean business.

 

Route 2) is a little more problamatic. Some people believe that deposits taken before 6th April but should never be protected on subsequent renewal, others (inlcuding me) believe they do. There are a number of judgements out there that have gone both ways. You will have to make a judgement call as to which way you believe it will go. If you chose this route, then your LBA should refer to the s214 legislation in Housing Act 2004 and you should print off and include a N208 claim form with your LBA to show you mean business.

 

Good luck.

[vst]

Planner,

 

This is bit of a news to me. I had the opinion that if we sign a new AST then the LL is liable to put the deposit into TDS. As I stated before I signed a new contract with six months min stay and new rent.

 

Could you please point out a case here on this forum which went against this...

[Planner]

Planner,

 

This is bit of a news to me. I had the opinion that if we sign a new AST then the LL is liable to put the deposit into TDS. As I stated before I signed a new contract with six months min stay and new rent.

 

Could you please point out a case here on this forum which went against this...

 

Theres 100 of threads about TDS on here, you will have to use the search facility and try and locate the relevant ones im affraid.