Students with what seems to be an unprotected deposit

[Tansxxii]

We are six students who have just handed over the keys back to our landlord and waiting for their verdict on how much deposit we will be getting back. Early signs show that they are going to be a little unfair on certain things.

 

The major concern is that our deposits (which we paid in Jan 2008, we moved into the property Aug 2008) have not been protected (I have contacted all three and our details were not . We did not get an official letter from any of the 3 schemes saying that our deposits have been paid in. I have asked our landlord on three occasions (beginning of january twice once over the phone and once email) about needing this information. The final time was yesterday in person and I had him write it down and sign it saying he will find out which scheme our deposits are in. I emailed him today saying that i wish to receive this information and when can i expect it.

 

Now if it is not protect I know I will have to go through a small claims court. the sum of money we are each looking at is £250 our deposit plus 3x the amount which is £1000. I would like to know if I need a solicitor or anything like that. If it is obvious that they have broken the law by not protecting it and after I have requested the information 3 times now surely it is an open and shut case. I have created a record of all the action I have taken regards to contacting people over the last month, emails sent and times so I have a good record of what has been happening.

 

As this is the first time I and any of my housemates have rented a property we are certainly stuck on what can be done and what we need to do when going to court.

 

How long shall I give my landlord to reply to my email?

 

Any suggestions, tips, advice will be very much appreciated because this is quite frankly beginning to frustrate us all.

[caro]

This link may help you. I doubt you'll need a solicitor.

 

http://www.consumeractiongroup.co.uk/forum/residential-commercial-lettings/126261-tds-court-claims-wording.html

[Tansxxii]

Cheers for the link will certainly look into that ASAP.

 

Also, reading through some of what has already been posted on here. It seems that my LL is not the person who will be sending me deposit cheque, it would be the scheme, yes?

 

All this time they have been saying they are the ones that will post out the cheques when all keys have be returned belonging to the property as well as all bills connected to the property have been paid. But if its in a scheme then surely they are not the ones who will relesase the cheques when this has been done.

[RespectyourWorld]

Cheers for the link will certainly look into that ASAP.

 

Also, reading through some of what has already been posted on here. It seems that my LL is not the person who will be sending me deposit cheque, it would be the scheme, yes?

 

That's correct. If your deposit is protected then which ever scheme is protecting it should release the amount.

 

All this time they have been saying they are the ones that will post out the cheques when all keys have be returned belonging to the property as well as all bills connected to the property have been paid. But if its in a scheme then surely they are not the ones who will relesase the cheques when this has been done.

 

That sounds seriously suspect! By saying that they obviously have not protected it. Importantly, don't forget if it is in a scheme you should have interest acrued on top of the original deposit.

Edited July 13, 2009 by RespectyourWorld

[Tansxxii]

I thought the interest went to the company holding it as 'payment'.

 

another question. If the landlord protects it between now and going to court, will it be thrown out of court because its now protected?

[Tansxxii]

oh and another question, do I have to inform the landlord i am preparing to take him to court, so he can try and settle another way, or because he has broken the law now I can just prepare my evidence and see him in court?

[caro]

You should allow 28 days for the matter to be corrected before taking court action. If you already have something in writing, I would send a letter before action warning that if he doesn't cough up by whatever date you will take court action and will be claiming 3x the amount plus section 69 interest at 8%. If it goes to court you could claim 8% section 69 interest on the full amount, I would suggest from the date you should have had the money back.

[DisgruntledTenant]

If the LL protects the deposit before the hearing (and he is smart enough) he wont have to pay you the 3x fine. Protection prior to a hearing is enough to get a LL off the fine. So its not money in the bank as I get the impression you think it is....