Deposit not in scheme but querying bills

[skampiarebadnews]

I moved into my flat May 2007. The landlord said our deposit of £1980 was covered. I assumed it was and didnt know you were suppose to get a certificate.

I moved out 11 July and have been chasing them up about the bond. They came back with a list of stuff and then I asked them which scheme we were in. They said "it was with mydeposits but we recently transferred to TDS and because you moved out its not in a scheme" LIARS. I've called all 3 places and nothing was ever registered. I've told them they broke the law and they have agreed on saying that no damages - ie, dust etc.. which is wrong anyway - will be taken out of the bill.

They then wrote back to say they would be taking the carpet cleaning costs out of the deposit and also said we owe them hot water and heating bills. Now, our contract says we pay utility bills, which is fine but these particular bills are in the Landlords name. We get them sent intermittently and then they would forget which we paid etc and we would have to prove it. Now they said they are missing £169 and unless we can prove they will also take it out of our deposit.

They've broken the law by not protecting our deposit and can I demand them to pay the full deposit or even if I take them to court will I have to pay for cleaning and "unpaid bills not in our name" if we cant prove otherwise (i have to get the last 2 years of statements and one girl is in aus now so its almost impossible).

I'm a bit stuck now and dont know what to do. I would love to sue them and get more money but if they do pay the deposit Ive lost the court fees.

Any help would be appreciated.

[Guest Old_andrew2018]

You might consider sending a PM to forum contributers who have experience, such as planner, or kentish lass, remember to include a link.

 

IMHO a failure to place your deposit in a TDS could, if you sued cost your landlord dear.

[Planner]

I think you need to make it clear to them that they are in position to negotiate.

 

I would write them a letter outlining the TDS requirements and the penalties for none complaince. Point out that you may take them to cout for not only the £1980 but x3 that amount as the 'penalty' for non-compliance a grand total of £7920.

 

Tell them that you require theout further warning.  deposit to be either protected and the relevant information given to you so that you can use the arbitration scheme or the full deposit amount returned.

 

Give them seven days to do this. I would print out and fill in the N208 county court claim form with the wording in the suggetsed sticky. Make it clear that it will be submitted to the county court without further notice.

[bedlington83]

£1980 is a lot of deposit. Is it equal to one month's rent or was the rent higher? It could make a big difference

[skampiarebadnews]

Our rent was £1430 pcm - so the 1980 was 6 weeks bond.

 

Thanks for the answers so far. So really, if they had sense they would just give me back my whole bond instead of going to court for almost 7000!..

 

I can't believe agencies are so stupid sometimes - actually I can.. but you know what I mean.

 

Should I point out the fact that they lied twice? Once at the beginning of the tenancy and again on email the other day saying it had been covered with mydeposits?

 

Also, I was thinking of emailing them and following it up with 2 letters from 2 post offices.. what do you think?

[Planner]

Our rent was £1430 pcm - so the 1980 was 6 weeks bond.

 

Thanks for the answers so far. So really, if they had sense they would just give me back my whole bond instead of going to court for almost 7000!..

 

I can't believe agencies are so stupid sometimes - actually I can.. but you know what I mean.

 

Should I point out the fact that they lied twice? Once at the beginning of the tenancy and again on email the other day saying it had been covered with mydeposits?

 

Also, I was thinking of emailing them and following it up with 2 letters from 2 post offices.. what do you think?

 

I say something along the lines of, 'contrary to your letter/our conversation of xdate, I have recieved notification from the three tenancy deposit schemes that my deposits is not and had not ever been registered in accordance with the housing act 2004'

 

I wouldnt bother emailing them and just one letter with accompanying N208 (normal post) is more than suitable.

[skampiarebadnews]

Thanks again. Another question. Whilst my agency are in the UK, my actual Landlord is in Japan. Is this ok still? Or is the fact that he owns property in the UK ok as well. I'm going to write to the agent in the first instance and see what they say.

 

Also back to the carpet cleaning. They originally wrote to us saying that there was limescale marks and dust and the curtains needed to be cleaned but when questionned where our deposit was they agreed to refund out deposit without deductions. So theorectically wouldnt the carpet cleaning fall into this?

 

One last thing... they cant put it into a scheme now we have moved out can they?

[DisgruntledTenant]

I think you need to make it clear to them that they are in position to negotiate.

 

 

I wouldnt usually correct Planner, (who is the guru here) but I think he means that they are NOT in a position to negotiate. (Sorry Planner.... pedantic I know )

 

Remember that the money is always your money, and never becomes the LA's money until you agree to it, or until you are ordered to pay the LA/LL by a court. Its not up to a Landlord to unilaterally make deductions as he thinks fit, without you agreeing to them, and this is exactly the kind of behaviour the TDS is designed to prevent.

 

Also, by not protecting your deposit, the LL has provided you with no recourse to dispute these deductions.

 

Here is a letter that I used (which you are welcome to modify).

http://www.consumeractiongroup.co.uk/forum/residential-commercial-lettings/212785-landlord-refusing-give-deposit.html

 

I would also add that if the court finds that deposit has not been protected, the court must award the penalty. There is no discretion for the court on this.

 

As for paying costs if you lose, I think you would be pretty hard pressed to find a judge that would make you pay the other sides costs if at the time the claim is lodged, the deposit is unprotected, and unreasonable deductions have been made. I did read of one case on here where the deposit was protected prior to court, and after the claim was lodged, and the costs were shared. (ie pay your own only).

 

Good luck. I suspect though if you send a letter like this to the LL he will pay you back the deposit. Its pretty clear that if he doesnt he'll get fined.

[Planner]

I wouldnt usually correct Planner, (who is the guru here) but I think he means that they are NOT in a position to negotiate. (Sorry Planner.... pedantic I know )

 

 

 

Yes thats right!

 

Im sure there is quite a recent thread on here about a tenant fighting a landlord in Japan for just this issue. The landlord and tenant where named as defendants and they obtained a successful judgement.

 

 

Here we go, it was Devilwearsprimark;

 

http://www.consumeractiongroup.co.uk/forum/residential-commercial-lettings/211226-tds-claim-today-some.html

[skampiarebadnews]

Thanks everyone this is great and I love the letter. I've taken a copy of it a slighty modified it. I think I will email and post at the same time as I know I'm most likely to get an email response more quickly.

 

If i do get my bond and dont decide to take them to court is there anyone i can report them to? TDS told me their agency name was listed but no properties assigned to this which makes me think they have not protected any of the deposits.

[foldorcrumple]

hello i'm new to this forum but have been lurking for some time (sorry!). i'm very interested in the answer to whether there is any way to report a rogue agent who appears not to be protecting deposits for anyone. (also i'm pursuing my own court claim against my former LL and will post results when they're in.) does anyone know how we can go after these agents?!