Jump to content
  • Tweets

  • Posts

    • Serco are not up to the job, but director's of Serco are buddies with Ministers handing out contracts like confetti on the back of Covid.  Track & Trace and Isolate should be a LA competence, not private firms on the make.   Interesting blog today, the genesis of the crisis started with Blair in 2005, subsequent administrations did nothing to improve responses to pandemic.   https://www.turbulenttimes.co.uk/news/corona/scared-to-death/    
    • Independent Sage met yesterday and has a new report out.   They think the national test and trace system doesn't work and are urging the government not to renew Serco's contract. They say the job should be done by GPs and local public health people who are already deal with the more complex cases and care homes.   https://www.independentsage.org/an-independent-sage-discussion-document-on-contact-tracing-and-self-isolation/
    • Thanks for your reply.   I don't have the money to get the repairs or inspections done to be honest.    It's a BMW 1 series.   I've learnt my lesson. I was having a pretty hard time with my health to be honest at the time. I bought it as a present to myself but was too trusting. 
    • This is a tricky one, BMW's , wide wheels, low profile tyres, stiff suspension over deviations, German Cars are known for that.  It might have winter tyres on, that would cause a rumble. My Volvo is also very weird like that.  It could also be a wheel bearing, which isn't expensive but would need to be done. Why not take it to your mechanic for a an inspection, or the AA/ RAC also do that.  I've learnt the hard way that's what you need to do before you buy the car,    What BMW is it?  I would only buy this brand of car at that age if it had a full history of every service and everything that has been spent on it during it's lifetime.
    • If you get somebody to cover for you on those last three days, are you saying you are OK?  ie you don't need to go to work in your old job and you can start the new one?  So that gives you what you want - yes?   If you can't get somebody to cover for you, you've got two potential courses of action - which may or may not be mutually exclusive.  First, ask if you can move your termination date forward by three days.  Obviously you won't get paid for those three days and whether your current trust will agree to this depends on what sort of relationship you have with your manager and how much they will need you to work those three days - or how easy you will be to replace.  If they say OK - you win.   Second, you don't turn up for work on those three days.  You will then technically be in breach of contract and in theory the trust could sue you for any financial loss they suffer as a result.  This would be the cost of employing somebody to replace you for those three days.  Will they need to replace you?  I suspect they would not bother to sue you, but nobody can guarantee they won't.  And what if you want a reference from them in future?  If you've already asked to bring your leave date forward, and they've refused, they may rightly conclude that you are taking the pi$$ if you don't turn up on those days, and they won't like it - or rather they won't like you...   Or, as I said before, get your new start date put back three days.   The thing is, your current employer can't extend your notice period unless you agree.  If they won't allow you to take leave owing to you during that notice period, they should pay you for it.  Whether you should write to them as I suggested earlier is more complicated because the situation is much less clear cut than you originally outlined.  (You had implied that they had already refused your request to take leave owing to you during your notice period and that you would have to extend your notice period to allow you to take that leave.  That isn't quite the position, is it?  And they haven't actually said they won't pay you for any leave you don't take, have they?)   Two other things: first, are you changing employer within the NHS?  If you are, it's a possibility that questions may be asked if you are in the pension scheme and you have two periods of full-time employment that overlap.   Second, your manager's email refers to "your last working day".  This is a little ambiguous and can cause a lot of confusion in the NHS.  You may wish to check whether they mean it is the last day of your employment (ie including any leave you are taking) or is it the last day you are actually present working.  Do you see the difference?  Managers often get hopelessly confused by this without HR guidance.  (And HR often get it wrong).   It's a pity you can't or won't seek union guidance if you are a member - that's what you pay for.
  • Our picks

    • Curry’s cancelled my order but took the money anyway. Read more at https://www.consumeractiongroup.co.uk/topic/423055-curry%E2%80%99s-cancelled-my-order-but-took-the-money-anyway/
      • 11 replies
    • Father passed away - Ardent Credit Services (Vodafone) now claiming he owes money. Read more at https://www.consumeractiongroup.co.uk/topic/423040-father-passed-away-ardent-credit-services-vodafone-now-claiming-he-owes-money/
      • 9 replies
    • Currys Refuse Refund F/Freezer 5day old. Read more at https://www.consumeractiongroup.co.uk/topic/422656-currys-refuse-refund-ffreezer-5day-old/
      • 6 replies
    • Hi,  
      I was in Sainsbury’s today and did scan and shop.
      I arrived in after a busy day at work and immediately got distracted by the clothes.
      I put a few things in my trolley and then did a shop.
      I paid and was about to get into my car when the security guard stopped me and asked me to come back in.
      I did and they took me upstairs.
      I was mortified and said I forgot to scan the clothes and a conditioner, 5 items.
      I know its unacceptable but I was distracted and Initially hadn’t really planned to use scan and shop.
      No excuse.
      I offered to pay for the goods but the manager said it was too late.
      He looked at the CCTV and because I didn’t try to scan the items he was phoning the police.
      The cost of the items was about £40.
      I was crying at this point and told them I was a nurse, just coming from work and I could get struck off.
      They rang the police anyway and they came and issued me with a community resolution notice, which goes off my record in a year.
      I feel terrible. I have to declare this to my employer and NMC.
      They kept me in a room on my own with 4 staff and have banned me from all stores.
      The police said if I didn’t do the community order I would go to court and they would refer me to the PPS.
      I’m so stressed,
      can u appeal this or should I just accept it?
      Thanks for reading 
      • 16 replies

Different landlord, same deposit -- do I stand a chance of reclaiming my money?

style="text-align:center;"> Please note that this topic has not had any new posts for the last 4050 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hello all,


I'd be hugely grateful if somebody here could help me with my situation. It's rather complex however, so I'll present the events chronologically, and be as brief as possible:






August 2007: My three friends and I moved into our house, and paid a deposit of £200 each. We all received a HAND-WRITTEN RECEIPT for our individual deposits, saying the following:




[My Name]

Received with thanks

£200 for deposit for [Address]

Landlord's Name/his signature



The Landlord informed us that he was putting the money into a Deposit Protection Scheme (which he did).


March 2008: We sign a new contract that ends on 31st March 2009.


September 2008: Our old Landlorddecides to sell the house, so we get a new Landlord. At this point, we got a letter from the original Landlord, stating the following:



"We still have your deposit and are awaiting instructions from the new landlord's solicitors, I will inform you what happens, but we will either return the deposit to you, and your new landlord will make arrangements to collect a new deposit off you, or transfer the deposit over to the new landlord."



We have since learned from the very helpful DPS people that he should have returned the deposit and allowed us to come to a new arrangement with our new Landlord. Alas, he never got back to us to confirm his course of action. We learned much later that he just passed our deposit to the new guy, essentially using our deposit as a bargaining chip in the sale of the house.


March 31st 2009: Our tenancy agreement, still between ourselves and the OLD Landlord (the new owner never arranged a contract between himself and us), ends. In the days leading up to this date, I contact our new Landlord and say that we're interested in staying for another six months, and then ask him to send a new tenancy agreement. He does not do this.


May 1st 2009: We decide to move out of the property at the end of May. Although we still have no contract and could simply leave at the end of May, we decide to do the decent thing and send a letter of notice saying we'll be off at the end of the month. We send three letters, one for each of the three tenants who wish to leave (the fourth tenant has stayed in the house, and is still there now).


early-June 2009: Now in our new property, we contact the Landlord and ask when we can expect our deposits back. He claims to know nothing about a deposit! We contact our old Landlord, who sends us a solicitor's letter showing that the deposits were knocked off the price of the house.


late-June 2009: I send the solicitor's letter (by signed-for delivery) to the new Landlord, highlighting that he does have our money. A few days later, I ring up and ask him if we can have our deposit back. He seems to accept now that the money is with him, so I ask again if we can expect our deposits back. In a nutshell, he says: "No way." He gives some reasons for this:


1. "The house was left in a despicable/disgusting condition." [it wasn't; indeed, myself and the other tenants made great efforts to ensure that the house was left AS WE FOUND IT. We hoovered and cleaned everywhere, even though our fourth tenant was staying. The Landlord himself did not inventory the house when he took over.]


2. "We had an agreement that you'd be staying on for a few more months." [As mentioned above, I had told him we were interested in another six months, but he failed to send us a new tenancy agreement after being asked to. From 1st April, we had no contract.]


3. "You didn't give me notice that you were leaving." [We did -- in fact, we sent three individual letters of notice one month before leaving. Sadly, I neglected to send these by signed-for delivery].






As you can see, it's a complex situation, and sorry for making that not very brief as promised! I'd just really like to know where I can go from here.



  • A hand-written receipt from the original Landlord for my deposit.


  • A letter from a solicitor stating that the money is with him.




  • Sadly, I didn't do an inventory of furniture/flaws. I'm kicking myself over this.


  • Proof that we sent those notice of departure letters (though we sent three to his address, and I struggle to believe all three disappeared in the post).


In conclusion, what can I do?

We know this new Landlord never put our money into a DPS, and now he won't pay us back, on the grounds that we left the house in a "despicable condition" (we truly did nothing of the sort). I'm speaking to the Citizens' Advice Bureau tomorrow, but do any of you think legal action is a possibility or could be successful?



Edited by fidodido1980

Share this post

Link to post
Share on other sites

My first query would have to be - how could the 1st LL remove the deposit from the DPS without the Tenants say so? Is the money not still with the DPS? Surely, he would simply have had it transferred into the name of the new LL - who then could not just take it?


When your new LL took over he should have

Served on you as Tenant:

a. old L's Letter of Authority (to pay rent to new LL);

b. Notice under s.3 of LTA 1985 (LL's address); and

c. Notice under s.48 of LTA 1987 (to pay rent to new LL.) If only item c is served without item a, you could ignore it.


Without these, you could have refused to pay your rent since you had no authority from old LL to pay it to new LL, and would not know who or where to pay it. (But put it in a separate account to pay up when the correct notices were actually served). Leaving all that aside though,


you now write to this LL telling him that if he does not return your deposit(s) in full within the next [10?] days that you will take him to court for the return of your deposit, plus 3 x deposit penalty, for non-compliance with the regulations regard the protection of tenants deposits. Tell him you have taken advice, and spoken to the DPS so know that your deposit has not been protected.


Since it appears that no check-in or check-out inventories were carried out he has no right to make ANY deductions from your deposit(s) since he has no way of proving the condition of the property when you moved in or when you moved out!


Good luck.

Kentish Lass

Information given is based on my knowledge and experience and is not to be considered as legal advice

Share this post

Link to post
Share on other sites

Wow, thank you, a really informative and helpful reply! :)


To answer your initial question: until recently, the old Landlord's deposit was, as I understand, still in the DPS. He informed us that the new Landlord had our money now, and explained that we'd need to get it off him. As our old Landlord was (so we thought) a decent and seemingly honest guy who had always done right by us in the past (occasionally letting us off for late rent, etc.), we believed him. Pretty damn foolish of us, and just shows the value of research! I won't make the same mistake again.


I believe he may now have got his money back with the assistance of my fellow ex-tenant (who is in South Africa), so it looks like we will be going to the new Landlord for the money. I shall ring the DPS now, however, just in case it hasn't gone through.

Share this post

Link to post
Share on other sites

Wow, just discovered the original £800 is still in the DPS! :/ Essentially, this means that two sets of £800 are floating about -- £800 in the DPS, and the £800 in my new Landlord's pocket.


So do I go for the £800 in the DPS (and let the new Landlord/old Landlord sort out the £800 that was knocked off the price of the house?), or keep nagging the new Landlord for my money?


Gonna ring the DPS now to find out! What a mess.

Share this post

Link to post
Share on other sites

Excellent. Go for the cash in the DPS - forget the other - silly old LL!!!


You should have the details the first LL gave you re the deposit and how to get it back. The DPS are really helpful, so good luck.

Kentish Lass

Information given is based on my knowledge and experience and is not to be considered as legal advice

Share this post

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.

  • Have we helped you ...?

  • Create New...