unprotected deposit not returned

[wev]

Hi All,

 

if anyone can give advice that would be great.

 

I origanilly moved in to a rented porperty in july 06. I paid a deposit of £700. In feb 08 i re-signed the contract. In july 09 we moved out after giving correct notice and ensuring all bills ect were sorted. We were givin a check out inventory which we disputed and we were told we would be deducted £200 for repairs. I questioned these repairs as they had moved new tenants in 2 days after we were out, so surley they had accepted the property as is? They then said they were wanting to paint various parts of the house in lieu of not being able to access the living room due to the new tenants having too much furniture there. I did not accept this. I have sent various email's during august and have had no response. I have asked them for quotes for repiars, no reply. I have asked them to inform me as to what scheme my deposit is in, no reply, and i was not given any information about it being in any scheme after i re-signed in feb 08. My wife called them yesterday ready for a confrontation when they then admitted that my deposit was not in any protection scheme. They said they were returning £500 by cheque but they're still not being clear on the rest.

 

I've been to citizens advice, who advised me to send a letter by recorded delivery so i know that they have recieved it and ask the questions again that ive already asked. I done this 2 days ago.

 

Since they have not protected my deposit im aware i can take them to court. I've downloaded the N208 calim form, need to know what to write in it?

 

I spoke to a solicitor this morning and they told me that court costs would swamp the £2100 that the judge may award! is this true?

 

my plan is to send them a "before action" (is that correct) letter, including the completed N208 form, the letter i sent to them recorded, the letter i sent to ARLA and relevent un replied emails. Should i tell them ill settle out of court for my deposit back + 2x deposit?? if not ill take them to court

 

this is a large manchester based lettings agent who should know better!

 

any advice greatly appreciated, thanks

Edited September 11, 2009 by wev
update title

[binkhus]

why not ask for your costs also , im not sure but i think most judges would do this. put in your letter before action that you will also be seeking all your legal costs should they not pay you your full deposit back.

[Kentish Lass]

Hi All,

 

if anyone can give advice that would be great.

 

I origanilly moved in to a rented porperty in july 06. I paid a deposit of £700. In feb 08 i re-signed the contract. In july 09 we moved out after giving correct notice and ensuring all bills ect were sorted. We were givin a check out inventory which we disputed and we were told we would be deducted £200 for repairs. I questioned these repairs as they had moved new tenants in 2 days after we were out, so surley they had accepted the property as is? They then said they were wanting to paint various parts of the house in lieu of not being able to access the living room due to the new tenants having too much furniture there. I did not accept this. I have sent various email's during august and have had no response. I have asked them for quotes for repiars, no reply. I have asked them to inform me as to what scheme my deposit is in, no reply, and i was not given any information about it being in any scheme after i re-signed in feb 08. My wife called them yesterday ready for a confrontation when they then admitted that my deposit was not in any protection scheme. They said they were returning £500 by cheque but they're still not being clear on the rest.

 

I've been to citizens advice, who advised me to send a letter by recorded delivery so i know that they have recieved it and ask the questions again that ive already asked. I done this 2 days ago.

 

Since they have not protected my deposit im aware i can take them to court. I've downloaded the N208 calim form, need to know what to write in it?

 

I spoke to a solicitor this morning and they told me that court costs would swamp the £2100 that the judge may award! is this true?

 

The solicitor is warning you that because these cases are no longer being treated as small claims, IF YOU LOSE, you MAY be liable for the costs, which can be quite a lot in a case like this. This is something you need to be aware of before going down this route.

 

However, no harm in giving this a try:

 

Write to LL, copy to LA, saying that you dispute any deductions from your deposit, and unless your deposit is returned to you, in full, within the next 7 days, you will take action against both for return of deposit + 3xdeposit penalty for non compliance with deposit protection legislation.

 

If this does not result in the return of your deposit, then you need to think carefully about whether you wish to actually follow through.

 

Personally, I think it is wrong that people with a genuine case such as yours should be frightened from taking the appropriate action because of the possibility of losing and having to pay the costs. It defeats the object of setting up the legislation in the first place. BUT, you are the one who will have to decide that, if the LL does not pay up.

 

my plan is to send them a "before action" (is that correct) letter, including the completed N208 form

 

Yes, do this, but only with the details as I have set out above. Don't go into any of the other matters. They are not relevant. You dispute any deductions. You want your deposit back and if they don't give it, you will sue them.

 

You can send it recorded, but they may refuse to sign for or accept it,

or,

you can send from a post office by first class post and get a (free) certificate of posting. You could do the same the next day from the same post office (or on same day from a different post office). A judge is unlikely to believe that two letters sent on different days, or from a different post office, have both gone astray!

 

, the letter i sent to them recorded, the letter i sent to ARLA and relevent un replied emails. Should i tell them ill settle out of court for my deposit back + 2x deposit?? if not ill take them to court

Don't bother with any of this. Particularly the bit about 2xdeposit - it will just let them know that you are afraid to follow through in case you lose. At this stage you must not let them think that you do not mean business!! If they think you are not serious, they will just ignore your demands.

 

this is a large manchester based lettings agent who should know better!

yes, they should, but sometimes these big agencies think they can bully and walk all over tenants and simply do as they like. Need to be taught a lesson!!

 

Good luck. Let us know how you get on and if you need any further help.

[wev]

thanks very much for the reply Kentish Lass.

 

im just trying to workout the interest, do you base it on the £700 im owed or the total £2800 that may be awarded?

 

thanks

[wev]

another bit of news..............

a cheque for £500 (the undisputed part of the deposit)turned up in the post today, so...........

do i carry on with the threat of leagal action or accept a £200 loss?

 

opinions?

[wev]

*Update*

 

so i got a cheque for £500 yesterday and then a phone call this morning saying the rest of the deposit will be returned without deductions, immediatly seems my message got through..........

 

so..............Do i still threaten them with court? as they have broken the law! or take the money and run?????

 

any opinions??

 

cheers.

[binkhus]

take the money and run.... well thats what i would do

[Kentish Lass]

I am inclined to agree with binkhus. If they have actually returned the whole deposit to you, you would be on very shaky ground to try and pursue the 3xdeposit penalty even thought they did break the law. The deposit protection legislation is actually very badly drafted and you may end up paying costs and getting nothing.

 

Put it in the bank and just be glad you are out of their clutches,