Trouble with landlord - deposit

[Eternal109]

I was hoping I coudl get some advise regarding my old landlord.

 

We moved out of his property because he was rubbish and are now dealing with many problems regarding the deposit.

 

The first, and perhaps most important problem, is that we have now discovered that he did not place our deposist into a tenancy deposit scheme as required by law. Or if he did at no point did he provide us with any details about it and w eonly disoceverd that he needed to after leaving.

 

This of course led to other problems: the main one being that has taken deposit money unfairly. He has charged us for repaintign all the walls (which were fine), replacing light bulbs that were never there, cleaners that apparantly charged £10 to clean an already clean sink etc. He has given us part of our deposut back but took over half of it for things like this.

 

There was also no inventory when we moved in other than a very basic one (ie there should be three chairs etc) on the tenancy aplication which was signed before moving in. It was mentioned to us on several ocasions that no washing machine was provided but if oenwas left by teh previous tenants we were free to use it so long as we understood the landlord would not pay to fix it or for any damages caused by it. There was one when we arrived and it was not mentioned on the closest thign to an inventory we had. Then when it broke we bought a new one and took it with us when he left. The landlrod has charges us for a new washing machine saying that as there wa sone when we arried there shoudl be oen we we left.

 

Now I know that I can use teh court to get my deposit back as he has both not used a tenancy deposit scheme and also use dteh deposit for things he cant use it for. My quesion is how do I do this? What form do I need? Should I ignore the unfair usage of the deposit and just claim for him not using a scheme? Also does it matter that the tenancy ended over 3 months ago?

 

We have already sent the landlord a letter of intent and not no reply. Any help is greatly appreciated.

 

Thank you

[GuidoT]

http://www.consumeractiongroup.co.uk/forum/residential-commercial-lettings/117280-tenancy-deposit-scheme.html

[Eternal109]

Yes I have read that but still do not quite understand what to do.

 

Basically: do I ignore the unfair deductions and only focus on him not using a tenancy deposit scheme?

 

How much am i claiming back? Espeshially as he has already paid us some of the deposit back but not all.

 

What form do I need ot use and where do I get it from?

 

Also there were four of us in the flat so do we all need to do this or can I do it alone?

 

Also how much will making a claim cost me? I am a student and so may not be able to afford it if it is alot and that would suck!

Edited November 13, 2009 by Eternal109

[Snorkerz]

You need to sue the LL through the small claims court for the remaining balance of your deposit. It is up to him to prove in court how much he should be allowed to keep - and without an inventory of the check-in condition he isn't going to be able to do that. This leaflet (http://www.hmcourts-service.gov.uk/courtfinder/forms/ex160a_web_0709.pdf) will tell you if you can have your court fees waived.

 

You can check with all 3 schemes by completing this form, they will usually respond within 3 days: www.snorkerz.com/deposit.html

 

You could try for the 3x compensation, but the costs are quite high and success is not guaranteed (if LL returns deposit or protects it some judges will not grant 3x). You could end up having to pay his court fees too.

 

You may wish to send him a letter along these lines...

Letter Before Action

 

Dear Mr XXXXXXXX

 

RE: 123 High Street, Anytown, AT1 2AA

 

On the XXX of XXX 20XX I/We paid you a tenancy deposit of £XXX in respect of the above property.

 

The Housing Act 2004 introduced the concept of "Tenancy Deposit Protection" and obliges private landlords to protect/register all tenancy deposits with one of 3 approved schemes.

 

I/We have verified with all three schemes that the deposit you hold was NOT protected by any scheme. This is unlawful.

 

You must refund the outstanding balance of my/our deposit IN FULL within 14 days. If you fail to do so, I/we shall sue you for the balance due PLUS the statutory penalty for non-protection of deposits, which is three times the value of the deposit.

 

Yours sincerely

[Platomey]

You could try for the 3x compensation, but the costs are quite high and success is not guaranteed (if LL returns deposit or protects it some judges will not grant 3x). You could end up having to pay his court fees too

 

Why would anyone end up paying for the LL court fees if the LL failed to protect the deposit? If the judge rules that only the deposit be returned to the T without the penalty of 3*deposit surely it's still a ruling in favour of the T! Am I mistaken somewhere?

[Aviva]

I think Snorkerz is saying that if the LL returned the deposit in full or protected the deposit (without being ordered to by the Court) then the Judge may not find in favour of the tenant and the tenant may be liable for the LL's court costs.

[Platomey]

I think Snorkerz is saying that if the LL returned the deposit in full or protected the deposit (without being ordered to by the Court) then the Judge may not find in favour of the tenant and the tenant may be liable for the LL's court costs.

 

So my best bet would be to withdraw the claim if and when I will find out that my deposit has been re-protected or returned to me?

 

My tenancy ends in 10 days - can it still be re-protected after it ends?